Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-01-29

names and ages, to-wit: Mary, Louis, John
and Sarah. BOYD then rave him some
papers, and requested him to take them to
Martha and have her to swear to them.
In few days he went with her to Madi-
sonville, when the papers were sworn to
in Mr.. Petitts office, with himself and !
Aleck Inman rs witnesses. He did not re- /
member that they were read over to him. |
He was asked if he was willing to swear !
that Martha J. Upton, widow of Frank Up |
ton, n deceased Federal soldier, was the |
identical person she represented herself to |
be. Upon answering ailirmatively he was !
told TO hold up his right hand. He had !
no recollection of having touched a pen !
for the purpose of making his mark TO the
papers. Some time after this he made
an affidavit before Esquire Porter to what
he understood to be n Power of Attorney
in the case. These were the only times he
remembered to have been sworn. He did
not know who was present in Mr.. Pettits
office, but believed Mr.. Hicks was there.
He had not been spoken to on the subject
of Martha's claim until he was overtaken
that day by Boyd. Knew nothing OF
Boyd having been employed by Mr.. up
ton, Marthas former master, to prosecute
pension claim for her. Did not tell
Boyd that Martha had six living children.
He had never heard of a woman named
Sarah j. Upton, who sometimes acted as a
midwife, nor of Parson McGhee. Mar
tina and Frank had been married before
the war, under the " Did darkey Constitu
ton" Or. Upton was present at the birth
of some of Martha's children, and an old
colored lady named Hannah Lowery at
| others.
Upon cross-examinationb by Mr.. Cooke, for
the defense, he said he was going on so
years. Had belonged to Jas. Ghormley
! before he belonged to Mr.. Upton. He had
| known Boyd before the war when he lived
near Eleazar meeting house. He could
not remember the month or the year he
was overtaken by Boyd. He had no letter
at the time from Martina 10 BOyd. lie had
continued to live with his former master
after the war. Never heard Mr.. Upton
tell Martha she was entitled to a pension.
She had four children then, she had had
two since. He repeated his conversation
with Boyd on the road and reailirmed
| what lie had said about the reading OF pa
pcrs in Mr.. Petitts Office. Boyd had never
informed him that he was employed by
| Mr.. Upton to prosecute Martha. pension
claim lie had never been approached by
Mr.. schwartz or any Government detec-
tive, 10 his knowledge, on the sub
iect of this prosecution. Did not know
who, or whether any one ut all had come
to Marthas on that subject. Martha
never promised him part OF her pension
She did not have six children with her
before the Magistrate, nor any nj all.
| y
pose of refreshing the witnesses memory
. but he did not remember of having ever
heard the paper read before. lie had new
er sworn to paper before Esquire Worthy
; ms he recollected. Did not remember tC
have been sworn before any Justice IN
/ SeptcmbetS 1868. Had no recollection O
having sworn to a paper witnessed by
! Boyd and Charles Oliver. Could not tel
, what time he was before Esquire Oliver
1 but it was in harvest. Being re examined
: by Col. Baxter for the prosecution, he die
{ not know how long before the war Martini
= and Frank were married.
Martha j. Upton was then examined
Examined by counsel for prosecution. Ih'
e application for pension was made out by
I Boyd. and sent to her by Prince Wallace
: when she was sworn by Esq. Porter, n
ESQ. Petitt's office in MadisonYille Wa
: living at Henry Upton's, her former mas
Il ter-had only four children living; ha'
j three other children, two born dead an'
G one lived a dav and night. When tn
II paper was made out for her pension SIN
+ had not seen Boyd in regard to the matte
S at the time. Swore to n power of attorne.
to draw money before ESQUIRE Porter, Ha'
o never known that she was entitled 10
Q pension until Prince Wallace brought tn
r claim and apprised her of the fact Hal
Il never made an affidavit before Esq. he'so
u and did not know him until she saw nm
e in court Was sworn before Esq. HeiSlili
= in order to empower Boyd to draw tn
money, which he afterwards paid her o.
one of the claims. Was never formal
e married, but she and her husband, fran
h Upton, had simply "took up ana I'VE
together as man and wife. She was pal
8 something over 500 by Boyd two dllEefen
= times, and something over $500 by ma
10 named Harrison at another time.
Examined by counsel for defense. Neve
ie knew any such man as Parsou McGhet
n Was formerly owned by a man name
1t Spears. Lived with Upton since sh
"a was q or % years old. Was living at Nj
ut Uptons, and lives there now. Had neve
y talked to her old master or any one else /
{, regard to the pension. Had lived wit
D. Frank Upton II or y years. Had chi
I'd dren by Frank Upton and now livin
he bv another man since his death She ha
ri been sworn three or four times about III
claim. Did not know any Sarah j. Upton
n Int did know " Scillan Upton, Ha
III never received orders on stores for goot
ne from any one. At time when accomp'
ne MED by Harrison was paid something oV'
~ 5000. Never gave Boyd receipt, PriC
Il was not present. Had never requisite
IN Boyd to keep any of the money dl
her. The papers were not read to her, bt
IN she said she understood what she WI
es doing-did not suspect anything WIonj
Had never paid an attorney in Washin
A. ton $40 Receipts were read acknoWledli
py payment by Boyd of upwards of $500, o.
or attested by McKeldon and the other
ID. Price. which witness said she had n
signed. Witness acknowledged that 81