Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-04-09
BAXTER VS.. FLEMING.
Result of the Trial i'm the Chancery
Court at KnOxVilIe-Oharge of Per-
jury Observation-Disclosures fer Con-
tempt Appeal 20 the Supreme

uC CdsO VI JOuu DdAJef VS.. OOls OOuu
NJ. Fleming, in which the latter was charged
by the former with perjury and contempt
on trial in the Chancery Court, at Knox
vile, Chancellor o. p. Temple presiding,
reached its termination last Saturday. In
relation TO the charge of perjury alleged
against Col. Fleming, the Chancellor says
EFF it were deliberate act of perjury, he
must have weighed the circumstances sur
rounding him and the probability Of detec-
ton. If he did this, then he must have
known the falsehood would be detected, for
he accompanies the denial with abold i'm
putatiOn Oh the Solicitor, whom he sup
posed had drawn the compliments bill, of
having stated what he knew to be false in
making the charge. He also intimaLes that
the complainant had collected this very
fee, if it had been collected, and thereby
challenges him to the proof. If the de-
PENDANT possesses common sense (and the
proof shows high order of intellect) such
conduct, such brazen recklessness, in the
denial of fact known to a number of
persons, and which would inevitably be the
subject of proof in the suit he was then de-
Tending, is inconsistent with anything but
the utmost depravity of heart. To my
mind it creates the gravest doubt as to the
guilt of the accused. / admit that the
facts were so recent that it seems
he should have remembered them. 1t
is true he should have investigated
them before answering so boldly.
These, besides others, cannot be easily eX-
planned. But it is easier to explain them
than it is to reconcile the guilt Of the defend
ant with the possession on his part of
common sense and common prudence, and
such a character for integrity as is given to
him by the many witnesses in this case. As
this proceeding is in the nature of a crimi
nal prosecution for perjury, the court
should be extremely cautious in fastening
so grave a stigma on the character of
any solicitor, or citizen, in the alb
sence of a trial by jury, the great palladium
of human liberty. True, this court is not.
bound to wait for the verdict of the jury
before indicating, in proper cases, the
honor of our exalted profession. But in
all cases it should exercise this high power
only on such evidence as would satisfy an
intelligent and impartial jury, and as would
leave the conscience OF the court with no
or doubts as to the justice of
this extreme penalty. Such is not this
case. l must think said answer was writ
ten in a moment of frailty. The motion is,
disallowed and Overruled."
In reference to the second motion to at
tach the body of the defendant for contempt
of a process of the court, the Chancellor
says:
Gwen while we condemn, and mete out
punishment, the act eXtOrts some measure
of sympathy Time, too, has softered and
the offense, to so me extent. 1t
is four years since the money was collected
from West, and yet no motion was
made against defendant until recently.
The case has slumbered on the
docket for over three years. In
the meantime defendant has passed through
many vicissitudes until according to the
testimony he assembled from the very lowest
depths of misfortune and trailty to the
elevated plane Of hope and self-denial.
For this, and in this, he deserves and needs
the encouragement of all, that he may
stand firm. Yet my duty is plain. The
mandates of the courts must be Obeyed by
all or they will fall in contempt; there
fore, following old precedents, my decision
is, that the attachment against the body
of the defendant issue; that he pay
fine of $50 and the costs of this motion;
that he execute bond with approved secu-
rity, conditioned to return the West fee
and the Martin fee, on the final trial of the
case Of E. j. Brooks VS.. him, pending in
this court, or such part thereof as may be
decreed against him, provided this Court
should order such return; OF, in default of a
with these things, that he be
committed TO the jail of the county until he
does comply with them.'
In the trial of the cause, John Neither
land, L. c. Houk and George Brown, Esqs.,
for the defence, and John Baxter
in behalf of the motions. Immediately at
ter the opinion of the Chancellor was reu-
dered, the respondent, by his solicitors, ap-
pealed to the next term of the Supreme
Court, beginning on the second Monday in
and gave rOcOgnizance for his
appearance at that time.
At night, shonly after the result of the
case had been made known large number
of the personal friends of Col Fleming
without regard to political differences, pro-
ceeded to the office of the Press and Herald
for the purpose of RECALLING that gentleman
with a serenade and otherwise demOnstrat-
ing their Joy at his triumph over his releut-
less prosecutor. Col. Fleming was enthu-
called upon to address the crowd,
and responded in speech full of eloquence
and earneStness. In the course of his re-
marks Col. Fleming said:
''And Just here, let me remark that accept
the demonstration as no compliment for my
political services. l accept 1t as no express
sion of gladness at my escape from the
calumnies of my would-be deStroyers, be-
cause by chance l am the controller of
political journal. No! The trial through
which l have just passed was without pO-
litical distinction, and | can say, in
Justice to the Republicans of this town
and county, that with few eXCeptiOns-Of
whom, under the circumstances, nothing
different could be eXpected-fr0m the
ranks and from the places of prominence
in the party, like men OF honor, they
came without reluctance, and testified side
by side with my political friends. They
knew l was pursued by an able and
relentless foe-a man whose malice
never tires and never sleeps. Many circum-
stances favored, had they been disposed, the
use of political influence against me. In
Justice to them, let me say, they have scorn-
ed to make such use of their influence.
And when in the hour of trial it became
for me to show to the world
what character l have sustained since /
have been among this people, there came
forth, as l said before, many from all ranks
of the people, without distinction of party,
who stood side by side, political friends
and foes, and testified in my be-
half. They came forward to vindicate
my character, as an act of justice, among
the counse who defended me was one,
who, as l had Just written a few moments
ago, when political strife waged fiercest and
hottest, encountered my editorial fire, yet
who without foe or reward, stood man
fully forth beside his distinguished assC-
ciates, in vindication of truth and my repu-
tation.,
Therefore it is the more gratifying to me
that can meet you with the conscious
ness that l have been vindicated and
my reputation has been protected
from the vile calumnies that have
been pursuing me for two and
half years. And it is with something Of
pride that 1 can refer to the fact that this
Vindication has come in a community in
which my pursuer has been at work
for these long two and half years,
endeavoring to tarnish my reputation
and rob me of my good name; and who in
a Court of Justice could not find a
solitary individual who has believed his
ISLANDERS. This is no hour for me to poison
10 fool;,o,S Of tho Occa SioD nv primin tiOD or