Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-02-03
Thomas G. Boyd, of Knoxville
Sentenced to the Penitentiary
for Five Years, and Fined
$4,000.
Quick Work by Judge EmmOns-
An Example for All the
Courts Of the Country
TO Follow,
The Prisoner Pleads Guilty to
Five Other Indictments, Re-
eeiTes Sentence, and is
Already in Prison.

court tie OeIeDOant, IhOmas u. BOyd
was brought in by Deputy Marshal Gin.
gan. He took his accustomed seat lit.
tie in rear of and between his counsel,
Messrs. Nelson and Cooke, with whom
he ut once entered into conversation,
speaking in his usually quiet manner,
and occasionally smiled while talking.
His face was of marble paleness, while
his eyes were very bright, and as be
looked around the courtroom the behold
ers could not fail to observe the appear
ance OF hollOwness in his fea-
lures, which appeared almost haggard.
After taking his seat Judge Emmons
asked the defendants counsel if they
were ready?
Colonel Cooke replied that they were,
but be wished to know if the submis-
sion of his client in the five cases ad-
duced in collateral evidence would be
considered a confession of guilt in the
other cases pending against him, OF
would they be disposed Of by nolle
proseqai!
The Attorney-General said that he
had no power 10 do so, or even recon-
mend that it be done, the matter being
out Of his province.
/ Judge Nelson said that Judge Andrews
was correct, and he readily understood
his position. The court could either
Overrule the motion for a new trial or he
would withdraw it and enter q plea Of
" guilty" in the five cases alluded to
above to be entered of record.
Judge Emmons then Overruled the
motion of Mr.. Nelson for new trial and
stated that if the imprisonment was for
one year only or less, the defendant
could not be removed from the jail
where he was now confined, but in this
! particular case it would be different
The sentence of the court was then
passed, the prisoner being allowed to
remain seated while listening TO the
dread penalty, which read as follows:
THE SENTENCE.
| 1t is not unusual for courts to accom-
pany their judgment in eases like this
with detailed statements of the circum-
| stances of the crime for which punish
ment is to be inflicted, sometimes asso-
ciated with reprimands for the past and
admonitiOns for the future. Thew are
/ frequently intended more for the public
than the prisoner. The usual motive is
to attract attention TO the fortunate fact
that, however cunningly devised,
Offenses are not committed with
impunity; and thus, arrest as far as pos
sible all VINO are contemplating crime.
No effort 10 enhance your own appreci-
alton of the magnitude and gravity of
your wrongs Is necessary. With an in
telligence beyond that of the average of
your fellOw-citizens, it is quite impossi-
bic that the turpitude involved in the
continuous commission of the nmer-
Gus frauds, peuuries, fOrgeries and cor
ruptiOns Of public officers, so amply ex-
posed by the proof, is not SO fully real
lied by you as by either Judge upon the
bench. Now, if not before, YOU must
feel, with an exceptional force, the an
guish resulting from having brought
disgrace upon your hitherto respectable
family. Ii is not that disgrace alone
which is inseparable from the criminal
ity of one of its leading and influential
members, but by connecting the names
of relatives, friends and neighbors
frequently, with the Instrumental
ties of your own crimes, clouds
at least are resting upon some of
them. They are to pass through the Or
deal which has not spared you. We will
not do you the injustice of supposing il
needs a suggestion from US to awaken
all the sorrow which even the worst of.
men must feel for those whom he has
subjected to suspicion and public prose-
cution. If beyond this, they, too, are
guilty, 1t can but aGd to your regret that
YOU led them into temptation. Ii is not
with an unfeeling desire to increase your
dependency now that we refer to these
more affecting consequences of your
wrongs, but for a wider purpose. A
large audience has witnessed your excit-
ing trial, and many are here to listen to
your sentence. You will pardon the
temporary pain it may cause, ifthe oc-
casiOn is improved 70 ask their earnest
attention and lasting remembrance to
the lesson which your sad history af-
fords.
You, we know, viii authorize us to
say that from the first moment you en-
tered upon their commission, these
crimes have left you no peace of mind. |
We should all know this without a con-
fessiOn on your part. 1t is but an ignO-
rant and vulgar judgment which sees
in the bold fictions and desperate resorts !
which attended your fight, bat addi- |
tiOnal evidences of insensibility. and in |
difference to crime. We read its lesson |
differently. No man but one suffering |
from a fear, a continuous unrest and /
mental pain which he could not endure. |
would voluntarily attempt the compH- |
Gated crimes by which you sought to |
cover your escape. The cOrruption of
new accOmplices, the robbery of the |
grave, the pretense Of assassination and |
murder, the subOrnatiOn Of false wit |
re 'ses, the disgusting and repulsive !
burning the half-decayed body Of ne
gro that your family and friends might !
follow it to the grave and your poor
wife weep over it as that of her dead hus- /
band, the mockery of a funeral, the de- !
libeTate suggestion on the record of your
death that the Government might be
still further defrauded, constitute an ag-
gTegate of repulsive incidents from which |
every man would shrink il he were not
goaded to desperation and suffering in
excess. And we beg all who relate the
exciting story of your numerous Of |
fenses, when the details Of those COM
plic8ted and bold frauds which cOnsti- |
tute the foundation of the twenty-seven |
indictments against you now upon our
records, and the still more numerous !
crimes which an impOlitic and unen- |
hghtened statute Of limitations of |
twenty-four months places beyond the |
laws reach, are related, that they in |
no wise forget to accompany it with |
the fact that sorrow unmitigated came
~ Wv ANeNNIA anu AlA1
and that they would one and all, resign 1
not only what they have dishonesty |
taken, but all else they have on earth, !
could they wipe from the slate
OF the past six years every dishonest |
act against the Government. In view |
of this extraordinary history we have
felt embarrassed to justify to the public |
the seemingly light punishment Of five
years' Incarceration in the State Deni- |
tertiary and fine of five thousand dol /
lars. But it must be remembered that
you have been tried and convicted upon |
one fraud only, and for this one offense
we have gone to the limit of the law.
1t allows no more. Were you guilty Of
but one, were the offense exceptional in |
your history, that would be ample, per-
haps excessive, punishment. We look, |
however, TO the other facts-to the five
so clearly proved on the trial |
OF this One and in which you plead |
guilty. This is voluntary on your part. /
We could not increase our sentence i'll
you refused TO do it. We shall not only
add nothing to il now on account /
OF these confessions, bat see in the
act rather a cause for recommending
what we cheerfully do, that if the present
sentence is submitted and the fine paid.
Ii this circle Of bad men who have sur
you, cease their attempts to
promote escapes that the residue of the
indictments is not prosecuted against
you. We do not 60 into details in refer