Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-08-27

shot three shots at this one-eyed fellow.
By the Cours-How came the negro to
be cut?
Witness--Sam Plummer lied out to
him TO stop the men that were running up
the street. and when the black man attempt
ed to do so, one of them stuck knife into
him.
The Court-Did you see old man Irwin
do anything?
Witness-No sir.
SERGEANT +. G. TIGNoR SWORN.
Examined by Mr.. Brien--I had some
conversation with Andrew Irwin the night
of the fracas; we found him up stairs in the
house at the first toll-gate on the Franklin
pike, a little after O'Clock the night of the
ARRAY; he said he shot Piummer, but it was
in self-defense; be said be was trying to
take Ridley from the policemen, and they
wouldn't let him, and so he shot one of
them, aud would do it again under similar
circumstances.
Cross examined by Gen. Bate-When
found Andrew Irwin, he was either tying
or untying his shoes, and the bed was
tumbled up; be seemed lust ready to go;
l saw Mr.. Plummer last Saturday night; he
was not able to walk; was raised in the
same neighborhood with Ridley and
Andrew Irwin; asked Andrew that hight
if he had been struck; be said no; asked
him If he heard any balls pass him; he said
no; told him that if one of those corpora
ton balls" Gas we call them) had passed
within fifty feet of him he would have been
A DEAD MAN.
Capt. Yater was then sworn and testified
as to the account officer Plummer gave of
the ARRAY, which account was substantially
the same as that given by officer Reed, with
the addition that as the one eyed man shot
HIM, another man held him and as he
(PIummer) was falling, this man kicked
him.
TESTIMONY FOR THE DEFENCE.
Merideth Irwin being sworn and examin-
ed by Gen. Bate, made the following state
ment:-I came in with these men (naming
the six arrested men) from Williamson
county; we had four wagons loaded with
wheat and oats; reached town at four p. m.
and put up at Woodfn's stable; we went to
the Red Auction House about dark, and
then walked about the streets Just for sport;
went into saloon on Col ege street; the
rest were drinking beer when the police
came in; Neil Waggoner and | got out OF
the saloon when the fuss commenced and
started up the street towards the stable
where we left our wagons; him and me
was not present at the fight at Links but
was up the street about one hundred yards
and on the other side; heard several shots
fired, but neither me nor Neil took hold Of
anybody, nor interferred with q policemen,
but we went right long to the stable.
Cross examined by Mr.. Martin.-We
stopped at a barber shop On College street
before we got to the saloon; saw police
man there; heard the policeman say as he
walked out, that he hoped there'd De no
fuss; think 1 heard Andrew Irwin say
something like, ~ don't think there's
ga DID POLICEMAN
in this town that can arrest me-" there was
a man by the name Gardner with us;
1 don't know where he went to;
l haint seen him since; think some
of our party had whisky with them.
Mel Waggoner testified to the same effect
ss Merideth Irwin as to their walking 10 the
stable together, and said that the latter was
arrested at the stable about II o'clock that
nigh; that he and Gentry Allen were to-.
gether then up to II O'Clock, aud were lying
in one of the wagons at that hour, when he
was arrested. His pants were in another
wagon, where they had been thrown by
Andrew Irwin, who was at the wagon after
the shooting snd wanted to put Waggoner's
pants on as disguise, but, finding them too
small, was compelled to give up the idea.
He said he had a small knife 10 his pocket,
| but had not had it out that night. When
he and Allen were in the wagon together,
Allen said if he had had knife he would
have cut somebody.
Sam Martin (colored), testified that the
prisoners were in his barber shop on Col
| leee street Just before the fracas; that Off
Ger Morris was just going out as they came
| in, and that one of the men wanted to
know if be (Morris) would arrest Teller il
| he hollered little, to which the latter re-
piled he guessed not, he didn't boiler too
| loud; Andrew Irwin said after Morris went
out that he'd take pol ceman's club from
him and beat him over the head with it,
and that there was not enough police in
| town to arrest him.
This witness stated that policeman ar
rested Wsggoner at the Kossouth House
and that he saw him arrest him.
Messrs. McMinn, Page, McGaughey and
Holloway were then examined as to the
character the four defendants bore at home,
and they all united in saying they bore ex-
csllent characters for peace and quietness,
excepting that Andrew Irwin would 60 on
sprees occasionally, at which times he is
very quarrelsome.
The Court then summed up the case and
said he was satisfied that Merdieth irwin
had told the truth in his testimony, and thai
be and Waggoner had gone right back tc
the stable when the first disturbance was
made at the saloon. The court thought the
colored man was mistaken in saying
Waggoner had cut him; that
old man Irwin, (Wm. M was man OF
peace and had desired to avoid all difficulty
and that he is guiltless. The proof show:
that great wrong has been done the police
men, and they were improperly interfereC
with, at least by Ridley and Andrew Irwin
but Merideth Irwin, VIM. NJ. Irwin and
eillWaggoner are considered innocent meI
and shall therefore order them to be dis
charged, on this writ of habeas corpus, ant
shall fix the bail of Andrew Irwin at 81,
500, the State to be taxed with the cost il
the cases of the parties discharged.
The four prisoners were therefore re
leased from custody.