Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-24

, attorney changed right Had never drawn
: any money herself, but from Boyd; but at.
| ter receiving pension certificate had en-
ployed Harrison to draw her money in
, knoxville, but Harrison didn't, and she
came on herself, when she found there was
six children Oh the place, but only four of
hers in the house. Had never seen Boyd,
Harvey or Shillman at her house. y
Washington detective (Schwartz) had
come to see her in regard to the fraudulent
claim in her favor, but she did not remem-
her anything that passed between them.
None of the papers to which she sWore
at the time she was qualified before Har-
yey.
| AFTERNOON SESSION.
Martha J. Upton was again called to the
stand and the crOsS-eXamlnat1On resumed
by Mr. Cooke. She had never received
goods from Mr.. Price on account of pen
sion. Didn't know her age, nor could she
tell the precise age of any of her children.
Her husband was in the 1st Heavy Artil-
lery. None of the papers she had sworn
to had ever been read over to her.
Colonel NJ. F. Johnson was again called
and examined by Colonel Baxter
cation for pension, for the minor heirs OF
Samuel Elliott. The handwriting was
identified as being that of ThOs. G. Boyd.
The witness had been chairman of the
County Court of Monroe county, and in
that capacity had had good opportunities
for becoming acquainted with Boyd's
! handwriting. He testified that the name,
"Prince Wallace" and words "Clerk Coun.
| ty Court as it appeared in written instrtl
ment, was written by Boyd. Col. Baxter
proposed to, then read certain papers in
evidence. Mr.. Cooke, for the defendant,
objected. After some discussion the court
decided that they might be read, which
| Col. Baxter proceeded to do. One of these
PAPERS was an original application for pen
sion, signed by Thos. G.. Boyd, guardian
Of the minor heirs of Samuel
Elliott had been private in Co. a, First
Mounted Guards, commanded by Capt.
Bryson, reciting the circumstances of his
death. He also read certificate of the
! County Court Clerk of Monroe county,
Mr.. Petit, certifying that Boyd had been
appointed guardian of such minor heirs.
An affidavit to the death of Elliott was
read, signed by j. NJ. Anderson and j. II,
KelsO, sworn to before Squire Butter.
Government checks were then pro-
duced, endorsed by Boyd in his own hand
writing, identified by Col. Johnson),
showing that as such pretended guardian,
he had drawn from the Government at
one time as pension for the minor heirs of
Samuel Elliott, 81 40, and at three other
times S54 each. Mr.. johnson was cross
examined by Mr.. Cooke and gave it as his
opinion, that the word Prince Wallace on q
paper presented, had been written there by
Boyd.
Mr.. Willard, a clerk and special agent Of
the Pension Bureau, was called and tesu-
fed that certain papers presented III the
trial of this case had been received by him
from the Third Auditor of the Treasury
at Washington. Col. Johnson testified to
the handwriting of Boyd i'll other
papers. z...e q. r-..rre.s
Samuel Elliott was then called and eX-
amined for the Government. He lives in
Monroe county and had resided there for
% years. He was very positive that he
did not die in the Fall of 1868, as had been
alleged by Boyd in his application for pen
sion for his minor children. On being !
asked if he had any children, he said his |
wife had some, He had no child named
Sarah, nor none named Barton. He lived.
II miles from NIadisonville and had known
Boyd for many years. Boyd also knew |,
him. He lived seven years on
Kelso's farm. He was certain |
that he had never died and came back to
the world to persecute Boyd. Oaughter,) |
He knew of no other Samuel Elliott ex-
cept his little boy who had been born |
since this trouble commenced Being |
cross examined by Mr.. Cooke, he said he |
knew no other Samuel Elliott. He was
called upon to give the names of his chill |
dren, which he did, showing they were I
identical with the names in the alleged |
fraudulent claim except two, which were |
different. He knew no Samuel Elliott in |
Georgia who had died in the Federal army. |
His first wife's maiden name was Nancy |
Stilwell. Hislpresent wife's maiden name
was Mary Cline. c32Ett H9EH~
II. r. Cole was called He was MEM !
Der of Capt. Bryson's company. Couldn't |
tell where the company was in November, |
1863 He was raised in North Carolina |
He knew no one in the company named !
Samuel Elliott. He had brotherw af- |
wards enlisted in the 10th Tennessee regi- |
ment and died of small pOX.
Cross eXamination-Hew was a private III
the company and could not tell the num- |
member all the names but repeated some
of them. Bryson's company, acted as
scouts and were often on duty in squads:
Col. johnson was recalled and proved
the handwriting of Boyd in an original
application for pension, made by Boyd as
the guardian of six minor children of
George Rose, who was alleged to
have died of gun-shot wounds
received at Cokee Creek in Monroe coun- |
ty in November, 1868. Other collateral
papers were presented in this case, embrac-
ing paid checks, with Boyds endorse
ment, showing that as guardian of the six
minor children Of George Rose, he had re
ceived from the Government at one time,
81 ,21S and at two other times S54 each
George Rose was called and testified
he had married in Cherokee county, North
Carolina, where he still resides. He had
two living children and one dead. He
knew of no other man of his name in that
county, where he had general acquaint-
ance He had never been member of
Capt. Bryson's Company. He still lives
in Cherokee county and had never been
dead. His wife had never married any
body else, unless she had done it since he
left home Cross-examined, he said he
had pretty general acquaintance in a
portion of the county. He did not propose
to know every man.
r. Hicks Clerk of the County Court