Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-10-15
HABEAs CORPUS.
James Hagaa Indicted by the Grand
Jury ON the Charge OF Murder.


Mis- Hail Fixed az Five Thousand
Dollars.
Contrary to the general understanding,
James Hagsn, charged with the killing Of
&. Ii. Richards on Monday, was not tsken
before Justice Cassetty for preliminary
examination Of the case, but complaint was
logged before the Grand Jury yesterday
morning, and scted upon at once. A large
number of witnesses were examined, but
of course no reporters were allowed to be
present.
1t twelve o'clock the jury entered the
Criminal Court room, and reported that
they had found true bill againat James
Hagan, charging him with
The defendant was represented before
the grand Jury by Gen. Bate and Mel S.
Brown, Messrs. w. G. & NJ. III. Brien APP
pearing for the State.
The defendants counsel asked thst their
client be released on bail, offering to furnisa
any bond that might be required by the
court, which application Judge Frazier said
he could not grant until he had heard testi-
mony in the case, as the offence charged in
the Indictment was not bailable one un-
less 1t could be shown that there were ex-
tenuating Circumstances connected with the
case, and therefore ordered the counsel on
both sides to have witnesses summoned to
appear at the Criminal Court room this
morning when the application would be
considered.
HABEAs CORPUS.
Hagan was then removed from the police
station, where he had remained all the time
sincs he gave himself up, to the jail, and
soon after, the following application for q
writ Of habeas corpus was made:
To the Hon. j. 9. GUILD, Judge of the
Law Court at Nashville. Your petitioner,
James Hagan, would represent to your
Honor that he is illegally confined in the
jail of Davidson county and State Of Ten
| nessee, by virtue of capias issued from the
| Criminal Court of said county, e copy OF
which is here presented) on charge of
murder, alleged to be for the killing of r.
NJ. Richards.
Your petitioner would stats that said
charge of murder is false, and he therefore
prays your Honor that you grant him q writ
of hdbeas corpus, that bis case may be in
vestigsted and disposed of as prescribed by
law. JANE HAGAN.
This Oct. IA, 1878.
State of Tennessee, Davidson county.
This day comes James Hagan, the above
petitioner, and made oath before me, that
he is detained in the Jail of said county, and
that be believes his confinement is unjust
and illegal. J.W. II. BAsKETTE,
Justice Of the Peace.
This Oct. IA, 1878.
Judge Guild then issued the following:
| ORDER.
To Robert Patterson, Jailor of Davidson
county and State Of Tennessee. Complaint
having been made to me by the petitioner,
James Hagau, that you have him under
confinement Illegally and unjusty, and
being satisfied that bis case should be inves-
tigzted, / therefore command you to have
the body of said James Hsgan before me at
5 O'Clock p. M, on this day, at the Law
| Court room in Nashville, together with the
cause of his detention and your authority
for the same, to the end that whatever JUS
tice in the law of the land may require,
shall be done in bis behalf.
j. G. GUILD, Judge.
This Oct. IA, 1873.
The following is the
| ANSWER OF JAILoR PATTERSON.
! The answer of Robert Patterson to the
writ Of habeds corpus this day served on
him to show for what cause he holds the
defendant in custody, ard to produce him in
! Court, on answering says be has the de-
| PENDANT in custody as Jailor of Davidson
county, under an Indictment for murder
fonnd al the present term of the Court, and
he here brings the body.
GENTLEMEN ARE YOU READY?
The trial before Judge Guild was trans.
fered from the Law Court room to the Of
1 e III, L. y
| the prisoner were brought.
Upon the Judge asking Of the counsel
whether or not they were ready to proceed
with the trial of the case, w. G.. Brien, on
behalf of the State, said he was not. Hi:
witnesses had been summoned to appear
before Judge Frazier at the Criminal Court
room Wednesday morning, and ne had moi
time to have them notified of the writ OF
babeas corpus having been taking out in
time TO have them notified to appear before
Judge Guild, and be requested that the
case be continued until the hour previously
appointed. He held that the offence was
not bsilsble one.
Judge Guild said there was yet time for al
there witnesses whose testimony was i'm
portant, to lie brought and refused to con.
tinue the case.
| 06Il. DAG edlu bu0 COUucu lOE bDc OckOISO
were wiling to admit that the defendant
had fred the pistol shot which caused the
death of the deceased, but said they would
establish the fact that there were extenua-
ting circumstances connected with the case
which would make it bsilable offence.
Quite q number Of witnesses having
made their appearance, the trial of the case
proceeded. The witnesses for the defense
being called first
| MRS. JOHN c. HAGAN SWORN.
Direct examination by Gen. Bate an
the widow of the prisoners brother; / re-
side with his mother; from what l would
think Ann Sullivan left here yesterday tt
go to Cincinnati; she has been living with
her mother; Ann Sullivan is in her 31si
year; neither Hugh nor James are mar
ried; Richards first bscsme acquainted with
Ann in Huntsville, Ala he was clerking in
dry goods store there; he visited her in
the summer and fall of '61; last April she
went to keep house on Demonbreuu street
l saw him at her house one day; be spoke
about my not recognizing him, but said
be didn't mind that as be knew be had q
bad name; her mother and her brothers
lived with her; the day my little boy died
Mr.. Richards came to the house and
| o6czDCQ w oyopooA8AO WIN 10 AZ ce.i
trouble; after my husbands death last
| June, 1 told Annie didn't want Mr.. Rich
ards to come to the house, because he had
bad name about women; about weeH
ago, was told she was out buggy riding
with him; / asked her about the stories
had heard, ard last Friday night l asked
her if she was pregnant, and she finally
confessed it was true; she said l suppose
you know who is the cause of it, and said
suppose it must be Mr.. Richards: che saiC
for fear of drawing the boys into trouble
sha would 60 to Cincinnati; told her
would go with her 10 Mr. Richards; wen
with her to the boarding house across tn;
street from the theatre, last Saturday at 1;
o'clock; / told him wanted to see him ii
q more quiet place; we then went to the
theatre and into the box Office; he sat dowr
on high stool and Annie sat down by me
/ told him at Annie was pregnant and
that she said be was the cause of il, and
asked him fhe would marry her; he said"no
would not and c3uld not''; said when
you knew you couldn't marry her why dil
You go about her; 1 said, Mr.. Richards,I an
glad now that my husband is dead, for be
wouldn't let you live "a hours.
Judge Guild-What did you understand
when be said be was so bound up that ht