Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-28

| LuereOu. AnOCNer HAL . ualIle was ulCh
toned, he thought the name was Broyles
| but was not positive. Knew Susannah
Davis. In a business way wouldn't rely
much OH her, hut for milking and cooking
regarded her reliable Asked by Col. BaX.
ter if she would practice fraud OH the
Government! Answered that he didn't
think she would.
Mr.. Mari was eXamed as credibility OF
Cole and Payne, and answered that he con-
sidered them bad.
The defense declared that that they ex-
pected to prove that Boyd was really ap-
pointed by the County Court of Monroe
| county guardian of the minor heirs OF
Samuel Elliott, deceased.
| The court ruled again that before prov
| ing the guardianship in question it must
| first be proven that there were children for
whom he could have been appointed.
THOSE CHILDREN.
| Judge Nelson wished to prove by &. HI.
Bean, witness on the stand, that six chill
dren were brought to witness house by
| Payne and Morrow who alleged them to be
| the veritable children. Witness was then
shown an affidavit signed by two witnesses,
G.. H. Bean and A. Il. w. Payne, setting
forth the number of children and their
| names Witness stated that he had never
sworn to the paper He understood the
matter fully.
After considerable discussion the defense
Intercepted the witness, Bean, in regard
to his signature, but the question was ruled
irrelevant by the court,
Judge Nelson then wanted to prove by
Mr.. Hicks that Bean had signed the paper.
The court held that it was not material.
3. p. Reagan, witness for the defense.
was called but did not appear:
Erasmus Reagan was examined as to the
character of SuSannah Davis-said it was
bad.
Defense proved by Griffith witness
that Susannah Davis character was bad
didn't know Il. r. Cole.
KELso ON THE STAND.
J. III. kelso, a former magistrate and be-
fore whom a number of Boyd's claims
stated that he had heard the witness had
been tempered with, but the defense re
garded him as a material witness.
Kelso being introduced stated that he
had been justice of the peace about four
years. Knew Martha J. Upton and had
known her since 1868. Examined certifi-
cate bearing his official signature. Said
the name looked like his. Boyd, Martha
Upton and Prince Wallace, with six chill
dren were at his office in Madisonville on
one occasion. The matter was in regard
for herself and children. There
was some words about the matter afterward
when Boyd told Martha to take her papers,
saying he would not prosecute her claim at
all, and threw down the papers. Witness
said that the oath which Martha j. Upton
took as to the number Of her children was
taken Understandings, it having been
read to her. Boyd was present, and so
was Prince Wallace. Martha had after
lie 1ynIx r,it 10 rrnt M nx-d 70
attend to her butiness. He afterward did
so and he attested various papers. Think,
Boyd asked Martha on another occasion
if all her children were alive, to which she
replied that they were. His recollection
was that the names of the them were given,
Witness don't recollect the ages or sex
of the children. He was examined as to
the signature of Oliver Charles.
Court then adjourned until seven
o'clock.
NIGHT SESSION.
In order to expedite the business of the
Court, Judge Emmons decided on hold
ing nigh hit session, and accordingly Court
convened at o'clock.
After the list of jurors was called, J. II.
Kelso, witness for the defense, was cross
examined by the prosecution. Being ask
ed if his signature of an affidavit in the
Elliott case was genuine he replied that he
did not know. Being asked if he knew
any zone who could counterfeit his hand,
said he didn't. Elliott's wife named Nam
cy-Elliott lived on his place. Knew no
other man by that name. Never had an
arrangement with Il. G. Boyd to let him
have the use of his signature; nor did he
ever sign blanks for Boyd to use afterward.
Knew Sarah Upton-she was black, but
did not know the exact shade of her color
or age. Had seen her several times-did
not know where or how often. Had seen
her frequently at Upton's, but had made
no effort to inform himself as to her where
abouts since the last trial. He never made
much distinction between "niggers" be-
You'd their being black, light or dark mu-
latto. She was probably between the age
of % and So years in 1868 or 1869. Heard
Thos. Boyd call the woman in question
Sarah J. Upton. Could not name any one
but Boyd Inman and himself who had
ever seen the woman. The witness being
Intercepted as to Mr.. Upton, former own
er Of the aforesaid Sarah J. Upton. Upton
had step daughter who lately married.
Didn't know whether she was at UptOn's,
her step-father's when he knew Sarah.
Saw Sarah about year after she was at
his office, in MadisonYille. Asked if he
did not tell Col. Whitney that he made the
affirmative in question and replied that he
uIu Iol, HoT any ClIIIlS Inc II.
REAGAN's ACQUAINTANCE,
b. p. Reagan was called by defense to
identify voucher as to the writing OF the
instrument. Witness replied that he had
written it. This is to invalidate the testi-
mony of Martha J. Upton, who swore she
did not swear to the paper in question,
which the defense say they can prove she
did. Being asked the circumstances UNI
der which the paper was written, replied
that claimant frequently sent their papers
to jacksonville to have the county seal at
tached. Did not remember very clearly
whether the claimant was there in person
or not. He copied the question from
pension certificate, but did not remember
who brought the document. Knew Prince
Wallace. Knew Martha J. Upton. Saw
a negro man and woman, whom he sup
posed to be Martha and Prince, inquiring
for Mr.. Petitt's office.
HOW HE TRANSACTED BUSINESS.
Cross-eXamined. By Col. Baxter-Were