Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-06-04
THE TRIAL OF NELSON ron THE KILL
ING OF CLANT0N.
Jury Empanneled and Evidence Sub
mttted.

Jury fsmHAnuete0 anu ENhoeuce SUM
~ r. mttted. 4. .-s- 80
The Criminal Court, now in session, is
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 Mk 4
Nick Lewis, VIM. Bayless, d. G. Lusbee,
Robert Wilds, Andrew Knott, John Gibbs,
jeff. Waddle, VIM. Cocker, VIM. Bunker,
Neil Mcclellan, f. Baird and Paul Sturm.
The State is represented by Jas. n. Ray,
Attorney General. The defense is repre-
scented by Hon. John Netherland, Hon l..
G. Houk, N1essrs. Cooke d Henderson, Maj.
A. >. 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, l
think it was 1871, myself, Col. Edwards
and Mai. - were standing on Gay street,
on the corner of Cumberland / heard
some talking and looked down Cumber-
land street and saw Gen. Clanton when
/ first saw the General he was standing on
the east side he was speaking to a man
still farther down the street he was talk
ing to Mr.. Fort and said, "Why don't you
bring your man out l 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 said he intended to have
satisfaction.
By the Judge.-Was this in the day or
night
An the daytime, when the Court
was in session | suppose the sun was an
hour high he did not seem to look direct
ly at Col Fort, and got nearer and closer
to the awning he said, "Why don't he
come out, / know he is there ?" Very
soon after, in a few seconds, man stepped
out of the first opening there pointing to
a diagram on the floor) with a double-bar
rel shot gun in his hand L did not know
who it was that stepped out as
I 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 sucn thing. When he
stepped out, understood Gen. Clanton to
say " am ready for you,n or some re-
mark of that sort. L could not swear those
were the exact words; that was the tenor
of it. His hand was out. There was some
JDlIR III Ills SuppOSC ~ was AZ lIo-
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. When /
| got on the Verandah, Gen. Clanton's face
seemed to sink down, and then it was ]
discovered the blood. / then went down
and saw a gentleman whom L supposed
| was Mr. Bell Il am satisfied now that il
was and my recollection is that was me-
gro man there and Col. Wood, of Chatta-
nooga. When 1 got down, Gen. Clanton
was just gasping, dying, and directly
some one took him up, and his arm fell
down. When they raised him up his arm
fell down. I took hold of it, and found
that it was shattered.
Q.-HoW many shots?
A.-Ten or fifteen; it was large mum
Der of shots. When looked to see if the
first shot had hit him, L didn't find any.
Ross Millengen, saloen keeper, testified
that he was present in Eitlers's saloon; be-
J lieved the first discharge of gun was acct
dental, that then Clanton fired, and tina
|
! Mr.. J. NJ. Havely testified that the frs
shot struck Clanton in the arm, and that
then he raised his arm with his left hanC
and fired.
Col. John Brownlow testified that h,
heard of Gen. Clanton at Washington as
dangerous man. That he had heard hin
, spoken of here and elsewhere in the sam,
way. Several other witnesses were exam
| ined to prove that Gen. Clantons' reputa
2 ton was as fighting man and danger
Gus one when under liquor.
The defense offered to show that the ties
: timony of Mr.. Havely made out a fac
physically impossible-that his arm coul,
Y not have been raised in that way. Thi
r the Attorney General admitted for tn
= State. -
The evidence here closed and time wa
! given Mr.. Ray until this morning to pre-
$ pare the opening argument for the State.
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