Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-30

| SIX CnllQren, was innocent W0on ne put IN
the claim for the same number and by the
| same name.
You will also carefully consider the ca
pacities of the parties, their ability to per-
petrate it, the probability of its originating
with the prisoner or with those negroes,
the appearance of the papers and all other
proof going to show whether they were
in fact filled up when sworn to; whether
the alterations grew out of change in the
law, and did Martha and Wallace know of
this change and all other facts going to
sustain or discredit the oral testimony of
either side and conclude, if you can, from
it whether Boyd or these negroes con-
cocted and carried into execution this
| fraud.
If you fail to come to conclusion upon
this first department of the proof that
which includes the evidence of other SINH
lar crimes is open to you.
J 1t has already been said this will be
looked to only to show guilty knowledge,
and the court is asked especially to call
your attention to the principle. It is IA
here Ofbut little weight. We cannot perceive
that it has any influence whatever. Some
explanation may be necessary to enable
you to see clearly how little it will embar-
rass your consideration. Let us suppose,
q man arraigned for passing a counterfeit
| bill-tWo witnesses swear he is the man
who passed it, three swear he is not, and
the jury are in real doubt as to his iden-
| tity. This is all the evidence
and no corroborating. circumstances sus-
| tain either party. But in order to convict
the prisoner, the jury must find not only
| that he passed the bill, but that he did so
| knowing it to be bad. In order to show
that he had this knowledge, was aware
of its character, the testimony is given
that he passed other similar notes. The
jury could not lawfully look to this testi-
mony of other offenses to turn the scale
as to his identity, but solely to prove his
guilty knowledge after they had settled
the question fully that he pass ed the bill
for uttering which he was under indict-
ment. This illustration will enable you to
perceive of how small consequence is such
distinction here. These other crimes
can not be looked to tO.prOve that Boyd
made and presented this voucher and that
it is false. But there is no possible danger
of so applying it, because these facts are
conceded. The only controverted ele-
ment in the computed crime is Boyd's
knowledge of the falsity. To this fact the
testimony is unreservedly applicable.
You will proceed, therefore, to its consider
alton without any fear of violating the
law or your duty as jurors, if you apply to
it the sound principles of common reason
you would act upon in your private affairs
where high and serious interests were
concerned and where you would not act
were you not confident Of the facts upon
which you proceeded.
The question may present itself, how
does the proof of other crimes shuw the
prisoners motives in this transaction ?
Abstract definitions seldom aid in apply
ing legal principles. An illustration serves
bottar IF ono Qf vOuP Dumbp
having bought note of hand from trav-
eler apparently respectable, should assign
it to neighbOr for value and it turned out
to be forged few would suspect him of
crime if this was the only note of the
kind he ever passed. If, however, the
party who sold him the same paper were
on trial and it should be shown that he
had sold similar forged papers throughout
the neighborhood and others were found
in his possession, none would doubt his
guilty knowledge in this instance, and the
law would justify jury in acting upon
the testimony as plenary proof OF that
fact. 1t looks upon him who has cCm-
mitted other and similar crimes, who has
turned his back upon the lawful and hon
est processes of business to procure his
livelihood by fraud and lawlessness, as en-
titled to fewer presumptiOns in his favor,
when he has transferred securities actually
tegrity and uprightness. 1t is but the
common sense rule you are to apply here.
The strength and force of its influence in
the circumstances is wholly for you. 1t is
measured by no technichal and perpleXlng
subtleties, but, as we said in reference 10
another subject, reason as you would IN
matters of life, in which you had deep
interest and when you would by no means
go forward without caution and consider
alton.
Very briefly 1 will now recall an outline
of the several frauds the Government
claims to have shown:
The Samuel Elliott case is a pretended
claim as the guardian of his orphan chill
eren. The papers, both original, and for
the subsequent payments, ,shO whe asserted
they resided in Monroe, Loudon and Nc
Mnn counties; that he repeatedly swore
he was their guardian.
If YOU credit the evidence of the Govern.
ment that no such appOintmentwas made;
if you believe the defendants own witness,
Petit, that there is none, and that the GER
tificate was fraudulent, then the defendant
would be guilty of fraud if he falsely al
legged he was guardian, and in that assum-
ed capacity obtained the money his receipts
show he has received. That there was no
such Samuel Elliott, member of Bryson 3
Company; no such children, and that the
Only ElliOlt Uuo COuhty iCiCIASU
to was produced in court instead OF helng
dead, are only additioal evidences of the
FRAUD, otherwise sufficiently shown by the
simple proof that he was never guardian of
any such children whatever.
In the Susannah Davis claim the fraud
is alleged to consist in putting in two
claims for one Susannah Davis as the Wild
ow of two deceased soldiers, one by the
name of James Davis and the other by the
name of James K. Davis
James Davis is alleged to be soldier in
the 9th Indiana Cavalry.
James X. Davis, in the 9th Pennsylva-
MIA Volunteers.
In both claims he AYERS her residence to
be in Monroe county, Tennessee, and that
her maiden name was Susannah Raper.
In both that she was married at Cherokee
county, North Carolina, without naming
any particular place; in both they are mar
ried by the same minister, the Rev. John
Wilson, on the 2ath of September, 1850.
TT ornaoru fbaf SuCannah SwOre tn fhe pa