Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-29

! for defense OH point OF law.
Witness was shown letters which he,
| from having seen great many written by
Boyd, pronounced to be in his handwrit-
| ing.
4 The letter of 4. L. w. Payne. written by
Boyd in regard to obtaining delayed ray
and Offering to furnish Bryson's company
| roll, together with two other letters, was
excluded by the court under its own
ruling.
The Government counsel then announc-
! ed the case closed on their part, when the
counsel for defense announced themselves
ready to commence the argument, all the
witnesses present having been examined.
| Judge EmmonS stated that he would al
low three hours for the counsel for the
| Government to sum up the case and the
same to the defense, which time they could
| divide among each other as they thought
| best. 1t was much more than was usually
accorded, but in this the court was actual
ed by desire to be liberal in the time
granted.
AFTERNOON SESSION.
The case being given to the jury the ar
gument for the prosecution was Opend by
Judge Andrews, United States District
| Attorney.
He did not intend making speech and
would only do so sufficiently to explain
the attitude of the prisoner and offense
| with which he was charged. The defend
ant, Thos. G. Boyd, was charged with a
| conspiracy to defraud the Government by
the collection of forged pension vouchers in
the case of Martha !. Upton, widow of
| Frank Upton, deceased colored soldier in
the Federal army. He died in service and
of course she was entitled to o pension
She was not married pro .forna0 but as
slaves usually were, and were recognized
as husband and wife. The claim was
subsequently made out by Boyd,
lace. Judge Andrews read the original
paper in the case, which set forth the facts
as to the marriage and the num-
Der of her children. The claim was
procured on Oct. Goth, 1865, and for six
children instead of four, the number the
claimant really had.
The defense's plea was that Boyd was an
unprotected claim agent, who sat in his
| office at Sweetwaler attending to business
in their line, and that he was imposed OH
by designing negroes. Either Boyd was
guilty Of the fraud or Martha j. Upton and
Prince Wallace were, and the jury must
say who the guilty party was. True, the
negroes were ignorant-iust freed from
slavery and unable to read or write, but
the defense would have the public believe
that the uns,ispecting prisoner was their
innocent dupe. He reviewed the papers
scriatiDs an showed the ingenuity neces-
sary to locate the mythical Pirson John
McGhee. who is alleged to have married
Frank and Martha Upton while the widow
stated positively that she never was mar
ried in form-not even admitted having
Jumped broonstick," as urgently re-
qaesfed by the counsel for the defense
but alleged that she merely "took up" with
her husband. \ voucher produced No.
10, that pension was obtained for six
children; then paper No. IL, was produced
confirming the claim; then paper No. 4, an
affidavit made out by Boyd, showing the
ages of the Upton children. in Boyd's own
handwriting, the opinion of Susannah Da>
Wis, saying she was married to James Da-
Wis, in Cherokee county, n. c., written by
Boyd Sarah J. Hickey's affidavit has
never been found, b II Elizabeth Hickey is
here; the genuine widow of Hickey, but
not the one the pension was obtained for.
Another affiidasit of Roses, written
10y Boyd purporting that Rose is dead.
and that he is dead and yet Rose has been
here witness. Boyd is the guardian of
the Rose children. Next the Elliott case,
an affidavit sworn to by Boyd that he was
appointed guardian OF the Elliott children
and he has been here on the witness stand.
He had no appeal to make to the jury, but
the blood of our dead soldiers cried aloud
that the fraud perpetrated on their helpless
widows and orphans should be stopped
and justice done. Judge Andrews occu-
pied one hour and twenty-five minutes
and was replete with all the material facts
in the case clothed in eloquent and i'm
pres>ive language and carried weight to
every one within the sound of his voice.
COL. JAMES X. COOKE,
tor the defense followed. a great deal
had been said in regard to Boyd's flight as
presumptive evidence of guilt. But with.
al the Attorney General had been as fair
as WAS consistent with his duty. Yet
there was really nothing In the flight that
would warrant that construction. The
Pilgrim Fathers fled from persecution, but
of what were they guilty? So had Thos
G.. Boyd fed The French Huguenots
fled also, but of what were they guilty?
They fled from persecution and so had
Boyd. David fled from Saul and practiced
deception on him, but he had been guilty
of no crime; and why should his client be
considered guilty for doing what the Shep-
herd King had done? Robert Bruce, the
hero King of Scotland was a fugitive at
different times, and had even shed blood,
and why, with all these noted instances of
flight before them, so much stress should
be laid upon the flight of Mr. Boyd, he
could not, for the life of him, see
Mr.. Cooke read extracts in support of
his position and proceeded to show the
causes which led to his fleeing from home
and from justice. The land had been sown
with spies by the Government, whose of
ficials were loaded down with documents
to procure indictments against the priso-
ner. -"s- -.f go vi '. -a
Judge Emm0ns here interrupted Mr..
Cooke, saying that he would not permit
any reflection on the Government or any
of its officers. Mr.. Cooke took the view
that as in the case of Aaron Burr, the Gov.
eminent officials were criticised, he
thought it should be allowed now. Judge
Emmons reiterated his position, and Mr..
Cooke proceeded.
1t was well known that Schwartz and |
Whitney, Governme detectives, bad |
spent much time in East Tennessee and |
that many indictments were the fruits of |
their labors. His client fled from fear of |
the powers of the Government and not |
from conscious guilt. The Government |
had a revenue of 100000 900 but his client