Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-04-03
THE BRooKs-FLEmrNG CASE.
Chancellor Temple Hears the Motion 10
Strike from the Rolls.

| 81. Fleming, Esq, with perjury and the mo
| ton to strike him from the roll OF Atp9rneyS
| therefor came up for hearing yesterday UeIore
| Chancellor Temple We have heretofore pub
| lished the facts as charged by Capt. Brooks IN
| his netition. In substance it was that IN the
| Chancerv proceedings for the settlement OF the
! FLEMING swore that he had not collected from
Jas. Donaldson a fee oftwo hundred dollars, as
| Brooks charged, whereas, in fact he had col
lected said fee, as his receipt in his own hand
! writing showed.
| Mr. Fleming, on Monday, filed his answer
! to this charge. 1t is exceedingly long and our
| space will not permit us to give it in full We
| think, however, we fairly give the substance of
| it as follows
The defendants answer is very long and tits
almost impossible, from the opportunities we
have had to examine it, to give fair statement
of the defense. We can, perhaps, do so fairer
from the argument of counsel The answer does
not as we understand it, deny that the Donald
son fee was paid. 1t does not admit 1t, but rath-
er says if it was, defendant did not at the time
recollect it. Says the charge that he swore cor
ruptly false in such case would be to presume
stupidity never charged against defendant. 1t
denies violating the injunction positively and
denies Brooks had any Interest in the fees of
Martin and West collected.
After reading the motion, the answer OF
Fleming in this and the former case, Col. Ba1-
ter introduced the evidence as follows
First, an agreement between Davis, who as
sumed (for a consideration not necessary to
mention) the payment of Donaldson's fee show
ing the fee agreed upon for Fleming and Brooks
was $3.50. Then Mr.. Davis himself was intro
duced, who swore that he paid Fleming the fee
for Donaldson, either 500 or $780, some five
months before Fleming made oath to the con.
trary, and that he paid part Of it one week and
the balance the week following, and that either
at the first or last time Fleming gave him re-
ceipt produced by Col. Baxter and verified by
the witness. This receipt was in MIR. Fleming
own handwriting and written about five months
before the date of his oath. The plaintiff here
closed his case
FLEMING'S CHARACTER IN ISSUE.
The defense then introduced the following
witnesses as to character. They testified in sub
stance as follows:
r. J. McKinney-Have known defendant
from boyhood and consider his character very
good. On cross examination, said he had
heard newspaper charges against him but
gave them .o no attention tbH d In reply to
that as the agent of public meeting, Fleming
had collected money for the poor refugees and
had not paid it over, it would be bad against
him. Col. Baxter here directed subpGnas to be
issued for Rev. Thos. w. Humes, DID,, and
Geo. NJ, White, Esq, who he said would prove |
the fact
Thos. A. K. Nelson.-Have known defendant |
since 1874 He has been addicted to intemper-
ance. Drank very hard. Have heard imputa- |
tions upon him that he was appropriating funds |
confded to him by friends and clients but be- |
lieved it to be the result of his intemperanCe |
and that his character for honor was still good |
His general character is that he was careless of
the funds entrusted to him in the way mention |
ed. regard drunken man as fool, and that |
he would do many things then ne would not do |
when sober. Never heard of his collecting |
funds for refugees and apprOpriating it.
g. NJ. McGhee.-Have known defendant 90 !
years and his character is good. Judge Nelson
expresses my views about the matter. Fleming
during his Incorporate career committed many
He does not now drink. On cross
examination said it was part of his general
character that he had made misapplication of
funds entrusted to him, but witness still con-
sidered him an honorable man, as his bad acts
were comitted while Incorporate.
JAS L. COcke.-Have known defendant TWEEN
ty years and consider his character good wit
messed his intemperance and knows of one in
stance where he made use of funds intrusted to
him by client named Stewart, in Cooke coun-
ty. Fleming borrowed the money from me
to pay it back to Stewart. His in
Temperate was excessive. Since his Ieturn
from Massachusetts, where he went to be cured
he had not been drinking Fleming has good
W. ?. Washburne.-Have known him if
teen years, His character was good before the
war and since his reform. During his drinking
his character suffered. During this time l heard
charges against him.
w. j. Hicks-Have known defendant twelve
or fifteen years. During portion of the time
he was Incorporate and guilty Of irregularities.
In political strife his character has been as
sailed. 1t has not injured him amidst his per-
sOnal and political friends, but it has among his
political opponents. His character is fair with
bis political friends where he is influential, but
these reports have injured his character among
others. | have never heard anything against
Mr. Brooks, (Fleming'S partner) The defend
ant here objected to going into Brooks charac-
ter. The court said it would be admitted if in
sisted upon. Col. Baxter explained that Flem-
ing in his answer swOre an untruth, but put his
good character to offset it. The opposing coun-
sci denied this.
The following witnesses all swore that the de-
.endantS character, with the exception of
was good:
Jas King, d D Anderson, II H Taylor, T S
Webb, John Jones. s T Logan, Geo Washing
on, VIM Aiken, Chas H Flournoy, Jas Raw.
Ethclred Crozier, Jas Comfort, Thos A Nell
son, L A Graft II McClung, Thos L VIII
iams Hiram Barry, j G Luttrel, S n Vance,
John Gibbs. Andrew Knott, NJ d Bearden, Jas
coleman, NJ L Patterson, w G Brandon, J ]
Brooks, W Paxton, H g Tarwater Geo w ]
Weaver, Henry Ault, S T Atkin, Smith Cooper
John Lowe, William Beard, John L Moses, '
John Scherf and A Prosser $
Dr. Jas. Boyd, and some above named, were {
Examined as to the excessiveness of defendants S
lis memory. 9
I, r. Cornick, Esq, was examined to prove
defendant was drunk when he swore to the an
wer and that he wrote it at different times
when under the influence of liquor.
Colonel Baxter here offered to introduce DR.. y
dunes to prove that Fleming, as agent for the \
East Tennessee Refugee Association, about i
o6o had collected money tor the poor and APP r
it to his own use ?
The Court intimated that it would hardly be '
eSai evidence in this case. The defendants a
COUNSEL said they had no objection to DIR. y
1umeS testitying as to defendants general char
!cter The witness was subpened to prove the 4
act above, but under the holding of the Court i
lot introduced. q
This was all the evidence.
BAXTER's OPENING ARGUMENT Y
MIR. Baxter IN substance said ION the 18th n
# February, 1866, Brooks the complainant, h
led his bill in this case, to settle partnershin Q
etween himself and Fleming which the latter
Turing complainants absence, had declared dis. A
olved In his bill he charged Fleming with o
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