Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-29
TEEAE OF TEFOs. G.. BOYD,
Examination Of Witnesses Ceuciutet.
And Arguments OF Counsel Commenced
EIGHTH DAYS PROCEEDINGS.

| And Arguments OF .Counse. Commenced
EIGHTH DAYS PROCEEDINGS.
after the opening of court, before pro-
| ceedIng with the regular order of business,
Judge Emmons stated that bis attention
haas been called to erroneous reports of his
railing the day previous, as published in
the morning papers, reading the paragraph
in question as reported in the Press and
| Herald, (which is substantially the same
| in the CHRoNICLE.( His Honor regretted
: to notice the matter, and would not, only
that his meaning had been directly re-
versed, which placed him in false posi-
ion before the bar. He was satisfied the
error was unintentional and no insult was
intended the court, or he would not notice
| It all. The judge then read a brief eXpla-
| nation of the whole matter wherein the
| ruling was clearly explained as follows
| 1t is alike unusual and geueraliyim op
| er for court to refer during q trial to
not now be done did we not fear counsel
| for the defense participate in the mistake
Of the usually careful reports in the
moning papers. We the more
readily refer to the report as the
basis for the correction we are about to
make because we are confident DO misrep-
resentation was intended. The like error
is sometimes made during trials by learned
counsel. Lest they have failed to perceive
The real point decided and in consequence
omit what else they might prove for the
| defense, we correct now the misapprehen-
sion, if any there is on their llart. "a y4r
The court here read portion Of the ar
| ticle from the Press and Herald that Of the
CHRONICLE being more brief, but suhstan-
TALLY like it in stating the legal point
| ruled.
This report Of q ruling yesterday says
counsel for defendant in vain endeavored
| to prove:
1st. That Boyd was imposed upon by
having children shown to him as those of
Elliott, and, ,-.E
I'd. That he Uas actually appointed
| guardian of these chidrc3e and the court
rejected the evidence.
| Not only was no such ruling made but
| directly the contrary. Both facts were
most fully conceded to be relevant by the
court. 1t decided, however, that, in view
of the proof ulretdy before it. the oath of
the prisoners own witness, Petit, that no
| such rough minutes were ever presented to
him; that Boyd was never in any aC0y ap-
| pointed guardian Of the children of any
| samuel Elliott, and that the certificate
| signed by him as County Clerk was fraud:
| ulently obtained from him by Boyd, he
| having signed for him more than q hum
| bred papers in siugle day and this might
| without his knowledge ea-iiy have been
| amongst them. In view OF the other full
| proof by the present Clerk that no such
| appointment was Of record and the course
Of business in the office as sworn to by
| Doth Clerks, excluding the idea that there
could have been an honest certificate OF an
appointment upon rough, unrecorded
minutes and in view of many other
| facts equally demonstrative until they are
some way cOntradicted that there never
was, in any form. any pretense of an ap-
pointHent of Boyd as guardian, the court
said that it seemed almost like hiFiRg to
lsk it to receive proof that some chiidi en-
without ofcriiay to show aClsOsc they We're,
were shown to Boyd until after there was
some evidence that he had ever been APP
pointed guardian of any children whatev-
er. If no such proof was made, all would
concede the testimony now offered was
irrelevant. We understood the theory for
its admission was that Boyd supposed he
had been appointed guardian by some
minutes in the rough.n This he was at
liberty to show. If he did show il, it was
for the jury. This shown, then any other
evidence showing Boyd was deceived "a to
the children would clearly be admissi-
ole. But in the order of proof that Of
real Or supposed appointment as guardi-
an of somebody, must be shown. The
earnest eff1rt of the counsel we did not un
derstand to be directed to coNply with
his plain ruling, but to show the irrele
want fact that some children, no one knew
who, were presented to Boyd without
proof that he had ever been, or proof that
he had ever pretended to be their guard
an O. .sFr sr 70
Judge Nelson then said that SO far as he
was concerned he had not said a word to
the reporter nor read any of the published
proceedings. His associates couiA :eai
for themselves, but he did not suppose
they had ever done So, This morning he
had heard member of his family read
statement in the DAILY CHRONICLE that
the Boyd matter in full would be publish
ed in the next Weekly issue Of that pa
per, and he had directed a copy of the pa
per to be procured, SO that he could read it
at his leisure. He showed that the repor-
ter had innocently fallen into error by con-
STRUNG what the counsel for the prisoner
had said on examination into his idea of
the courts ruling, wherein the Injustice
done the court was unintentiOnal.
MI. Henderson was also very sure that
the reporter had made the mistake with
out malicious intent. ...
EXAMINATIoN RESUMED.
Col. G.. NJ. McGhee was then sworn.
His father was named John McGhee.
Lived within . miles of Mr.. Upton, in
Monroe, and was raised in the county. His
father owned two colored men named
Frank and William, who were preachers,
but they were now dead. He knew ne
gro named Jack who formerly belonged
toGentry, then to witness father and after
wards to his sister. Didn't recollect when
his father owned Jack Gentry, but il was
twelve or fifteen years before the war
This testimony was introduced to prove
that there was veritable "Parson John
McGhee," the prosecution heretofore
claiming that he was fictitious person.
Col. McGhee was not certain the negro in
question was preacher, but knew that
he was known as very pious man.
w. {. Chumlea was introduced. He was
the brother of j. 2. Chumlea, now resd-
ing at Fort Scott, Kansas. Witness was
called to identify the handwriting of the
Bryson muster roll, and identified the
body as being in his brothers. hand.
Cross-eX mined by prosecution: reside
in Knoxville and am now merchandising.