Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-02-05
anotbile aa1ehp Gbunifls aaleOnsoap fBruarp S. 1873

County Court Clerk,n showing that
he whished the clerk to witness the paper.
Taking up the papers, Col. Baxter show
ed on their face that the defendant had
been the guiding spirit ;a che series Of
frauds. He declared it was either Thos
G.. Boyd or Prince Wallace, and the Jury
could be the judge of that. He showed
the coincidence Of the manner Of writing
the true names and the false of the Mar
tina Upton children. With the former they
were said to have been "bornn on such a
date, while with the spurious they were
horned" He showed that Boyd spelled
correctly with the printed form before
him, but when that had passed from his
mind he got the word wrong when adding
the two fictitious names, which occurred
in twoplaccs. lie then said that tho cOun
sci for defense had laid great stress upon
the assertion that Boyd had received only
Si7, but who knew how much had really
been paid out?
Judge Nelson explained that it was for
the prosecution to show the sum and not
the defendant.
Col. Baxter said the prisoner was in
dicted not for Withholding the money
from Martha J. Upton, but for q fraud
against the Government, and it was by no
means positive that he had turned over all
the money that he had received to the
claimant for whom it was professedly
uldWH luNlilP up Ltle uOCulll6uIS, lit
speaker showed the flOunderings of the
counsel for the defense in regard 20 the
weakness of some of the witnesses as to the
testimony expected to be adduced. He
showed the inconsistency of the effort to
prove the question Of the guardianship of
the heirs of Samuel Elliott, with perhaps
others in adjoining States. True, Elliott
insists that he is not dead and never was,
but Mr.. Boyd says so, and one of the
two is mistaken. Some little poppin-
jay fellows claimed that the prosecution
were active on account of BOyd's sympathy
with the rebellion. Such fellows were un-
worthy of notice and their heads were 50
empty that if sensible idea were to get in
side they would explode like bombshell
\ strong point was the case of Sarah j.
Hickey, wherein Boyd wrote letter to
Mr.. Falls, proposing a settlement of said
claim, by which he was to have the bene-
fit of the money already paid, but would
turn over to Falls the certificate whereon
he would make q good deal of money by
perjury committed only twice n year.
He was always sorry for a prisoner when
arraigned for trifing otfenses and thought
often that in criminal prosecutions the
minnows often hunted up and the
whales let alone, the inference being that
the present case was no "sardine." Boyd's
example had demoralIzed the whole neigh
bOrhOod in which he lived, corrupting the
county officials, until it was almost danger
Gus for an aggressively honest man to cX-
press his opinion in Monroe county, in OPP
position to the frauus. -
His opponents had depe4hed a great
deal on the testimony of Alex. Inman,
but if he had not sworn falsely in the
cross-eXamination there was not much re-
lance to be placed in signs.
After general though brief allusion to
the various cases adduced in corollary tes-
timony of the other cases now pending,
Col. Baxter, with confidence in their dis
cretion, turned the case over to the
Jury.
Judge Nelson asked leave to add a word
in differing from Col. Baxter in regard to
the power of the magnifying glass shown
the jury to examine papers.
CHARGE TO THE JURY.
At the conclusion of the arguments, His
Honor, Judge Emmons, charged the jury
as follows
Gentlemen OF the Jury: Tie prisoner
is indicted for making and for presenting
a false and fraudulent voucher for the pay
ment of money alleged to be due Martha
j. Upton, % pensiOner, as the widow OF the
d. ceased soldier, Frank Upton. The
making and presentation and the falsity
done with kpotCLedge that it was false ia
| denied. The fraud consisted in obtaining
! pension for sic when Martha had but four
children. The pensioner asserts he 6etieU-
ed she had six. With but little modifica-
ton this simple issue is nearly all you will
have ultimately to determine.
We shall refer to some of the leading
facts, more in illustration of and TO apply
| legal principles than to argue their credi-
bility or general responsiveness in favor OF
or against the theories of the government
or the prisoner All will be briefly and
generally alluded to only.
No attention will be paid to the numer-
Gus collateral issues which have been
much discussed. Whether Boyd filled up
all, rart, or any of muster roll given
in evidence, whether Payne is fully OF
partially impeached, whether in better cir
cumstances defendant might have proved
that he believed that some, now 10 us un
known Sam. Elliott died and left children
Of which Boyd might have been guardian
and various other similar facts upon which
spirited issue has beeu taken, and upor
which so much of the time of the cour
has been expended, will not be con
sidered. They are but inconsiderabl'
items in the great mass of testimony
and may be decided either way withou
materially effecting the one simple Ques
ton in the case-did the prisoner EBoo
the false voucher was fraudulent? y,
mode has yet been devised to shorter
these frequently unimportant discussions
And if the Government in its case give
testimony, however unimportant; if it il
: admissible at all, IL Is the right Of the de
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