Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-01-29

that had since elapsed. His brothers. nam
also appeared, but he had since died
Could moi remember vino asked him [,
sign it nor who were present Had seel
John &. Minkler's writing but was not ex
pert Mt Identifying handwriting.
Witness was somewhat acquainted will
a. T. W. Payne's general character, which
was bad. His (Payne's) oath should be re
ceived with good deal of caution.
IDENTIFYING WRITING.
T.W. Burge was then introduced. Shown
a paper, part of which was in Minkler's
hand, some in Pettitts and a little in
Boyd's After great deal of experience
he was of the opinion that hand writing
| as evidence was not reliable. Witness
was then shown Brysons muster roll. A
portion resembled Boys hand but he was
not sure it was. The body of the muster
| roll down to the name John Smith," in
elusive, was not in Boyd's hand. A part
of the roll was in a cramped hand, which
he could not be positive about. He was q
| nephew of Boyd's by marriage.
! |. j. Barron had seen Boyd's handwrit-
! ing but was not sufficiently familiar with
! it to swear to it. Was familiar with
Chumlea's hand and identified several
names as in his hand. Was allowed to eX-
anime the roll during recess of the
court.
AFTERNOON SESSION.
Counsel for defense read notes of former
trial and sundry receipts from Martha j.
Upton, acknowledging receiving pension
money, &C., attested by John Harrison,
John c. Vaughn, McKelden, w. l.. Price
and others.
Mr.. Barron recalled to the stand and test
flied that the most of the filling up was in
]. p. Chumlea's handwriting. The names
of Rose, Elliott and Hickey were not
Showed letter to counsel for prosecution
written by Chumlea in support of his
view.
w. L. Price testified that he knew Mar
tina j. Upton. He lived at Sweetwater.
Had witnessed the receipt of q payment of
of $l72 to Martha J. Upton. He did bust
ness for Thos. G. Boyd, and sold bill of
81 to Martha. Knew when Payne was
selling goods at Coco Creek. (Question
asked by counsel for defense II invalidate
Payne's testimony, and showing that he
bought goods from A. w. Boyd and J. c.
Vaughn.)
Re-examined. Witness considered store
on Coco Creek as Payne's, and not Boyd's
had heard him say so.
Court held to the rules in the books and |
Payne was recalled. He got goods from
Thos. G.. Boyd and Gen. Vaughn, to buy |
claims with. He considered he was buy |
ing claims for both parties The goods !
were billed in the regular way. Got goods |
from Mr. Hall. Sold goods alike but kept |
accounts separate, as he felt in honor |
bound to keep fair account of the sales |
made, the goods being under his control.
Gen. Vaughn testified that A. T. w. !
Payne had never to his knowledge bought |
claims for himself and Thos G.. Boyd with |
goods furnished by them.
J. II. Worthy, J. p, testified that he |
knew Martha j. Upton. Was shown n !
claim alleged to have been signed by her |
4 =. -.
Justice of the Peace. Witness said that !
ne remembered qualifying her to the paper
in question but was not certain whether |
it was read to her or not. The contents |
Were given out by a man named Minkler !
and witness copied certificate. Martha !
was in the room ut the time. Prince |
Wallace was present. Did not know Sa-
rah J. Upton, but there was person
present representing herself to be that
person. He wrote the name and some one |
signed with the y mark, usual with per-
sons unable to write.
Stopped with Thos. G.. Boyd at Martha |
L pton's house it was in the spring of the .
year and cold. He had accidentally met !
Mr.. Boyd and they travelled some distance !
together al that time. Didn't know whose |
house it was at the time, and only stopped |
to warm. House was on Mr., Upton's farm |
and was such an one as servants usually !
occupied. Boyd and the woman had some |
in regard to pensions for her
self aud children-uid not remember what |
was sa.d-it was none of his business and |
took put little interest in the matter. |
Thinks they were together before Martha !
J. Upton was qualified to her application |
for pension. Stated that Minkler said the |
certificate before mentioned had been read |
to Martha, and then witness administered !
the customary Oaths.
Cross-examined Mr.. Worthy, examined |
by counsel for prosecution, Lived four or !
five miles from jacksonville. Knew the |
Uptons and their slaves. Did not know a |
negro by the name of Sarah j. Upton. |
Did not read the certificate to Martha j. |
Upton, as he took Minkler's word for it
had but few cases of the kind. Baxter |
read an affidavit signed by witness, where !
in he certified he knew Sarah j. Upton |
and Prince Wallace to be credtable, &c |
Witness reiterated lie didn't know Sarah, |
had never seen that person before or since, |
and wouldn't if he were TO see her again. !
She was "a colored woman.
b. &, Petit, Esq, then took the stand |
Witness was the County Court Clerk of
Monroe county. The application of Mar |
tina J. Upton was read in Isis Office by q |
young man named Minkler. Never saw !
Martha until she came in his office to be |
qualified Prince Wallace and Alex |
lnman Were also present. Believes that !
the number Of children with their ages |
were read aloud i'm Martha's presence. !
Asked the question before she was quuli~ !
fed il the paper had been read TO her, |
when Minkler read it in the hearing Of
those present. Wrote Inman's Eame us Il
witness. Was Clerk Of Monroe sounty at |