Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-05-29
THE TRIALOF NELSON FOR THE KILL
ING OF CLANTON.
Jury Empanneled and Evidence Sub
mitted.

Jury Empanneled and Evidence Sub
United.
The Criminal Court, now i'm session, il
engaged in the trial of Col. ID. M. Nelson
for the killing of Gen. J. G. Clanton. The
case was called on Tuesday and the follow
ing jury empanneled:
Nick Lewis, VIM. Bayless, ID. G. Lusbee
Robert Wilds, Andrew Knott, John Gibbs
jeff. Waddle, VIM. Coker, VIM. Bunker
Neil Mcclellan, E. Baird and Paul Sturm
| The State is represented by Jas. N. Ray,
Attorney General. The defense is repre-.
sented by Hon. John Netherland, Hon. l..
| G. Houk, Messrs. Cooke & Henderson, Mai
| A. S. Prosser and Judge Barton.
TESTIMONY IN THE CASE.
We have been able to give only the tes-
timony of one witness in full, who gives
what seems to he the account of the killing
| as corrobOrated by most of the witnesses
examined. The witness, Hon. Thos. H.
Caldwell, witness for the State, said.
Question.-Please go on and state what
you know in regard to this difficulty.
A.-About the 9th of September, /
think it was 1871, myslef, Col. Edwards
and Maj. We're standing on Gay street,
on the corner of Cumberland L heard
some talking and looked down Cumber-
land street and saw Gen. Clanton when
l first saw the General he was standing on
the east side he was speaking to man
still farther down the street he was talk
ing to MIR. Fort and said, "Why don't you
bring your man out have taken my
position call your friend?" Fort said
He is no more my friend than you are"
General Clanton was gesticulating with
his right hand up to that time he had
held his hand under his coat. Witness
shows how ClantOn was standing with his
hand under his coat-tail. He made gesture
towards Fort and id he intended to have
satisfaction.
By the Judge.-Was this in the day or
night
AIN the daytime, when the Court
was in session / suppose the sun was an
hour high he did not seem to look direct
to the awning he said, "Why don't he
come out, 1 know he is there ?" Very
soon after, in few seconds, a man stepped
out of the first opening there pointing to
diagram on the floor with double-bar-
rel shot gun in his hand did not know
who it was that stepped out as
1 recollect he put one foot into the gutter,
holding the gun low in both hands. / did
not recognize David Nelson; was not
thinking of any SUCH thing. When he
stepped out, understood Gen. Clanton to
say au Icduy IoT you, VI SOIIie re-
mark of that sort. / could not swear those
were the exact words; that was the tenor
of it,. His hand was out. There was some
thing in his hand. suppose it was pis-
toll. L then put the corner between me
and the bullets.
Odd you see the firing?
No, sir the gun moved did not see
the gun go to the shoulder. Just as got
around the corner, the gun went Off The
first and second shots were very close to-
gether.
Q.-You could distinguish that there
were two reports.
A.-My first recollection was that the
first fire was that of a shot gun. Whe
got on the yerandah, Gen. Clanton's face
seemed to sink down, and then it was l
discovered the blood. L then went down
and saw a gentleman whom L supposed
was Mr.. Bell, Il am satisfied now that it
was,) and my recollection is that was ne
gro man there and Col. Wood, of Chatta-
pooga. When got down, Gen. Clanton
was just gasping, dying, and directly
down. When they raised him up his arm
fell down. / took hold of it, and found
that it was shattered.
GLOW many shots
A.-Ten or fifteen; it was large num-
Der of shots. When 1 looked to see if the
first shot had hit him, didn't find any.
Ross Millengen, saloon keeper, testified
that he was present in Eifers's SAIGON; be-
lieved the first discharge of gun was acct
dental, that then Clanton fired, and that |
Nelson fired second shot to defend himself |
Mr.. J. M. Havely testified that the first |
shot struck ClantOn in the arm, and that |
then he raised his arm with his left hand |
and fired.
Col. John Brownlow testified that he
heard of Gen. Clanton at Washington as a
dangerous man. That he had heard him
spoken of here and elsewhere in the same
way. Several other witnesses were exam
ined to prove that Gen. Clantons' reputa-
ton was as fighting man and danger
GUS one when under liquor.
The defense offered to show that the tes-
timony of Mr.. Havely made out q fact
impossible-that his arm could
not have been raised in that way. This
the Attorney General admitted for the
State.
The evidence here closed and time was
given Mr.. Ray until this morning to pre-
pare the opening argument for the State.