Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-06-24
HEAVY LITIGATION.
The Great ChurcbweII Suit Decided
Verdict for Defendants.

The Great ChurchweII Suit Decided
Verdict for Defendants.
1t is known to this community that there
has been pending in our courts, for NUM-
Der of years past, very important suit, in
which the heirs of Col. G.. w. Churchwel,
deceased, were the defendants and tie
trustrees of the old Bank of East Tennes-
see, the plaintiffs.
It is well known that Col VIM. M.
Churchwell, the only son of G. W. Church
well, during his lifetime established bank
in the city known as the Bank of East Ten
.nessee. It did business on the corner of
Gay and Main streets, the building have
having been destroyed by fire since. VIM.
III. Churchwell, its President and principal
stockholder, was bold and fearless adveG-
turer OIL the sea of financial operations, and
was regarded as very successful until the
disaster which befell the Bank of East Ten
nessee. 1t went down with crash, and
with it thousands Of dollars in the hands of
those who held its issue. All the assets
which Churchwell held were vast deal of
real estate in the city of Knoxville, some
farms in the country and a note of
his, secured by George g. Churchwell, his
father, for about three hundred thousand
collars. Maj. Thomas G. Lyon and DR.. j.
G, n. Ramsey were made the trustees Of
the bank, who proceeded to dispose of all
the available property belonging to Church
well, and finally, to protect themseivts 2,
brought suit against G.. w. Churchwel for
the payment of the large note alluded 10.
This suit was instituted before the death of
Churchwell &C. W. and some years prior
to the war. 1t was tried in the Circuit
H. Gaarua MI,
was then Judge of this court. 1t was pros
ecuted with much energy and ability, and
defended by some of the ablest lawyers CT
the bar. One of the main pleas in the case,
was the unsoundness of G. w. Church Wells
mind. Ofcourse there were others, but
this one was most striking. For days the
opposing counsel wrestled with each other
with great determination. The result of
the trial was verdict against the defend
ants for the principal and interest. The
case was appealed to the Supreme Court,
but, in the meantime, the war iDterveDed
and nothing more was done with the cause
until about eighteen months ago, when it
was .ken up and sent back to the lower
court on the ground that the presidingJur rge,
from some cause or other, had failed TO
charge the jury or to ccarge correctly on the
question or plea of the unsoundness of
ChurchwelPs mind.
The cause came up for hearing at the
present term of the Circuit Court, bis Hon
or, E. T. Hall, presiding. 1t was the first
case on the docket, and was, therefore,
taken up on the first day of the Court.
From its incipiency, it was evident that the
conflict would be 10 ordinary one. The
respective counsel had been at work for
months beforehand, and were armed and
equipped for the struggle. There were a
large number of depositions taken in the
cause, and two or three scores of witnesses
were examined. One week was consumed
in getting through with these, and the argu-
ment did not open until the following Mon
day, and continued till the Friday following.
As on the former trial, the great plea was
the insanity of George w. Chu.chwell,
which was urged and resisted with remark
able tenacity and perseverance. Tho. case
was finally submitted to the jury. For sew
erSl days they were closely eng aged in con-
sidering the case, and Wednesday morning
brought in verdict in favor of the defend
ants. A motion for new trial was enter
ed and was argued Thursday. Yesterday
his Homo overruled the motion and refused
a new trial. Whether the Trustees will now
appeal, we are not advised .-KnOTUil iltt
Press and Herald, June q.