Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-01-31
BEGINNING OF THE END.
The Boyd Case in the Federal Court
From the Press and Herald.

The Boyd Case in the Federal Court.
From the Press and Herald,
The Boyd trial, after having been q veri-
table SHINE days WONDER" at length nears
an ending. The testimony was completed,
yesterday morning, and at the opening Of
the afternoon session, the arguments were
commenced. The court room was more
GRO Gded yesterday than for several days,
the events connected with the trial during
the past two Gays, having arrested public
attention O1cSmore and stimulated public
curiosity. Owing to the exceeding damp
ness Of the atmosphere, ep zoOtical noises
abouuded and the incess2nJ confusion thus
caused interfered2 sadly with the nerves Of
the court and counsel.
The morning session was devoted to the
examination aud cTOss-exsmination of Wit
nesses for the defense, and several points
tending to the advantage of the defendant
were developed; nO5sbly the Identification
Of s'PaTson McGhee," . negro preacher, and
the proof that the Bryson roll was not in
the handwriting of Boyd, but in that Of
Chumlea. The counsel for the Govern
ment Cross-eXsmined each witness closely,
aud succeeded, now and then, in develop
my sn ugly fact concerning Boyd's
connection with pension claims. Finally,
shortly after eleven O'Clock, the testimony
was aIlin and the order Iof arguments be-
ing agreed On, the court adjourned to two
O'Clock P. NJ.
The United States District Attorney,
Jud e Andrews, opened the argument for
the Government and addressed the jury for
over an hour. Judge Andrews confined his
line of argument to recapitulalion Of the
testimony, based on the papers offered by
the prosecution, and a comparison of the
handwriting and mistakes of orthogrsphy
in the papers, insisting that the evidence of
BOyd's manipulation of, the fraudulent
claims was direct and incontrovertibe.
Jas. r, Cooke, Esq, for the defense, fol-
lowed in argument Of about the same
length. The evidence was sifted and the
contradictions of the witnesses for the Gov
ernment dWelt upon. The prosecution had
nothing to depend upon in the Upton case
but the assertions Of Martha j. Upton aud
Prince Wallace, and he appealed to the jn-
ry whether the character of the witnesses
had not been proven SC debased and de-
praVed, as TO entitle them TO no credit and
their evidence to no weight whatever. Re-
garding the other cases which had been
brought in by the prosecution, Col. Cooke
said that everything charged against Boyd
had not been fully explained it was owing
to the want of time and because the coun-
sci for the defendant bad been taken by
surprise. The fight of Boyd was not to be
accounted for by his guil5, but because he
had been terrified by the persistent annoy
ances of Government spies who were
abroad over the land, everywhere.
At this point Judge Emmons interVened
and directed the counsel to cease the unne-
Cessary attacks on the Government. Col.
Cecke thought he was justified in his re-
marks and referred TO the Aaron Burr trial,
in which Chief Justics Marshall had ack- |
noWledged the right of counsel to arraign |
The Government. Judge EmmOns replied !
that he could not tolerate in this Court, the |
attacks on the Government, and that if |
Chief Justice Marshall made mistake it |
was no reason this Court should err. Col. |
Cooke referred to tie eminent reputation |
which all iurists accorded to Marsh2tA and |
his argument, closing about half |
past four o'clock. Court then adjourned to |
7P.M.
A large audience filed iha court room at |
7 O'Clock and remained until 10 O'Clock, in |
tently listening to three hours argument |
OI LD6 dOUs L ~ L. NCAoCtig oSA4iOL
sci for the defense. Judge Nelson opened |
with an eloquent appeal to the jury for an
unbiased Judgment in deciding the fate Of |
his client. Though there were mysteries |
his flight, and perhaps there
were matters connected with some claims
for pensions which needed explanation, yet
it was the duty Of the jury calmly TO con-
sider the evidence in the Upton case, alone,
and after carefully weighing it, they would,
lie was confident, scquit Boyd of the
charge of knowingly defraudiDg the
The character of the witnesses
for the prosecution was unfavorably
compared with that of the witnesses for
the defense. Boyd had no motive in de-
fcauding the Government. All that he
ever received from the United States in the
Upton claims was but S655-33, and he had
paid out to Martha and TO the Washington
attorney all but Sl3.77 of that amount.
Was it at all likely for this paltry SUM he
would have defrsuded the Government by
gotting up forged claims? Judge Nelson
dwelt az some length on the "Ssmuel Ell
liott' and treated it with keen satire and
grave argument by turns. The whole
ground of the case vas gone over By the |
Speaker, and he closed with an impressive |
appeal to the jury.
Court then adjourned until O'Clock this |
morning, when the argument win be con-
Guided for the Government by Col. Baxter.