Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-02-05

conspiracy 10 ueITluu Une Governments,
running as they do from 1866 to 1870. If
they had been part of conspiracy,
would they not have been nearer in date
| than they are.
Judge Nelson then claimed that so mnch
of the proof as is barred by the statute of
limitations is not admissible as proof now,
and that the first two counts of the indict-
ment for making papers i'm the application
for pension, had been ruled out under that
statute. He claimed that flight was only
primo t0ciC, not conclusive evidence Of
guilt, and that con iucJ going 10 show
guilt, is noC satisfactory evidence OF guilt.
Upon these points he cited various au-
thOrities.
Mr.. Nelson t}'en addressed himself to
the M1rtha J. Upton ease. lie alluded
to the alleged difference in color of ink in
the widows application, and to the spell
ing OF the word born in one place and
boracd in the other, and claimed that they
had no significance. II was the experience
Of every one that ink from the same ink
stand would be sometimes pale and some
times dark. As to the word 'borned,"
that was darley talk and should have no
weight in this case.
He spoke of Boyd's good character and
the absurdlty of surprising that he would
peTjure himself for the petty sum of Sl3.77,
the amount he obtained in the Martha j.
Upton case. Boyd obtained altogether in
this case only S655.33 and paid out to her
and to Attorneys and others the whole
amount excepting the sum of S13.77. The
fact that Boyd paid over this money is
strong evidence of his innocence Of fraud
in this case.
What has this great cause dwindled
down to? Nothing but the bald fact that
Martha J. Upton had four children in
stead of six. She had been pocketing the
money for the fraudulent number, while
al h,nf N t,a1t rxya
Jud Nelson then rchcarsed q little ETH
opian pantomime, when she first became
alarmed after a converse ion with
Schwarts: "Golly Use not gwine TO git
myself in depenitentiary bout dis'spcc I'd
better back out and say never tote Mr..
Boyd / had as many chil'en as did"
l need not tell an honest intelligent
jury like the one now before me that it is
possible for a man to swear to a lie and yet
be absolutely guiltless of falsehood, and if
the lie in controversy is not told by Mar
tina, Boyd was innocently led fnto the err
ror by seeing the six children at her house
and naturally supposed they were hers,
especially as he was told so by Prince Wal
lace. Look at the testimony of Martha
Upton aud Prince Wallace against Alex.
Inman, Esqr's. Worthy and Petit, and
see if the two former are entitled 10 full
credit
Judge Nelson then attempted to impeach
the testimony of Payne, whom he alleged
had peIured himself. He wanted the fact
borne in mind, that his client was limo
cent until he was proven guilty, and even
if the proof was stronger than it really is,
if any doubt exists it might be considered
in the prisoners favor.
He then briefly reviewed the Samuel
Elliott case and while he admitted that
the circumstances were unsatisfactory, yet
when it was brought to trial, he hoped to
give a good account of it,. Passing the
George Rose case he came on TO the state
ments of Susannah Davis and Sarah Hick-
ey, enveloped now, as it were, in a fog. He
hoped that the mantle of charity would
be thrown over Boyd's alleged connection
with the cases, and by that he did not
wish o guilty man to go unpublished.
Mr.. Nelson closed, with a fervent appeal
to the court, saying that if in the hurry of
preparation in this extraordinary trial he
had left unsaid or undone anything that
would bs of service to the defendant he
hoped His Honor would charge the jury
according. To the jury, he committed the
destinies of Thos. G.. Boyd with the hope
that they would mercifully consider the
case, and that heinnocent might not be
punished with the guilty.
The court charged the jury against con-
versing with outside parties about the case
on trial, in order that no delay might oc-
| cur on account of il.
Court then adjourned until nine o'clock
this morning, when Col. Baxter will con-
tinue the argument for the prosecution,
NINTH Days PROCEEDINGS.
The case of the United States VS.. Thos
G.. Boyd was taken up and Col. Baxter, fol
the Government made the closing argu
ment.
He set out by showing 1.-THE beauties o
our national institutions, for under the pro
visions of the law the humblest individual
in the land could not be molested by tn
highest official until after conviction by
jury of his own countrymen, and the wis
dom of this constitutional provision was
wise one.
, The defendant stood priH,G Jdcic limo
cent until he was proven guilty. He nee
not bring in "a scintilla of evidence {
r prove his innocence, il remaining for tn
prosecution to make proof necessary to
= conviction, and if the evidence was no
= conclusive he hoped the prisoner woul
= be released on the indictment, for it wa
Y better that ninety-nine guilty men shout
2 escape than one innocent man should SUI
fer.
8 The defendants counsel had displaye
\ an extraordinary zeal and physical an
e mental energy in their arguments in orde
9 to lead the court and jury from the case /
8 issL @ To Others with which there ls no cor
I nectiOn. In Mr.. Cookies allegOry of tn
: wounded bird, that gentleman had hin
t self taken a lesson therefrom and was er
Il IL. l.. II. ~.