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

Irwin and Andrew Irwin Taken Be
fore Judge Guild ON a Writ OF Ha-
beas COrpus-The Judge Declares
the Former Three Innocent and Or
ders their Discharge from Custody
who Cut Charlie Allen? who Is
the Owner of she Bloody Anffe?
who. and where IL Gardner?
At two O'Clock yesterday afternoon, the
three Twins and Neil Waggoner, who were
confined 10 jail on the charge OF assauiting
the policemen, Reed and Plummer, were
taken before Judge Guild on writ of
habeas corpus, the following being copy
of the petition in one case, the others being
like it:
Petition for writ of Hdbeas Corpus:
Your petitioner would represent to your
honor, that he is illegally confined in the
jail of Davidson county, Tennessee, by vir-
tue of mittimus from S. A. Duling, A. d.
Creighton, and r. B. Che athsm, Esquires,
all Justices of the Peace for Davidson coun-
ty, "a copy of which is herewith presented)
on charge Of assault with intent to COM
nit murder in the fist Gegree. Your peti-
toner would state that the said charge is
false. He therefore prays your honor, that
you would grant him the writ of habeds
corpus that his case may be investigated
and disposed of as prescribed by law.
This is the first application for writ of
aGbeaS corpus in this case. (Signed)
w. III. IRWIN.
State OF Tennessee, Davidson County,
This day came VIM. Irwin, the above pc
titioner, before me, and made oath that he
is detained in custody by &. s. Patterson,
Tailor of Davidson county, Tenn, and that
be believes his confinement to be unjust
and illegal, this 26th August, 1878.
VIM. IRWIN.
Sworn to and subscribed before me Aug.
20, 1873. JNo. 81. BAsKETTE,
Justice of the Peace.
Upon the presentation of the foregoing
petition, the Court issued the following
ORDER OF RELEASE.
State of Tennessee, Davidson County,
To R. S. Patterson, Jailor for said county:
Complaint having been made to me by the
petition of VIM. Irwin that you have him
under confinement illegally and unjustly,
and being satisfied that bis case should be
investigated, therefore command you to
have the body of the said VIM. Irwin
before me at the Law Court Room in the
Courthouse at Nashville, at 2 P. NJ to-day,
together with the cause OF his detention,
and your authority for the same, to the end
that whatever justice and the law Of the
land may require, may be done in his be-
half. JOE G. GUILD, Judge.
To which order jailor Patterson made
ANSWER
as follows:
The answer of Robert S. Patterson, jailor
of Davidson county, Tenn TO he order of
the Hon. 10. G. Guild, upon four writs of
habeGS corpus sued out at the instance of
Meredith Irwin, A. j. Irwin, w. M. Irwin,
and Neil B. Waggoner, respectively, COM
manding him to have said parties at the
Law Court room in the Cont House, at
Nashville, at P. NJ, to-day, together with
the cause of their cetentlon and the author
| ity for the same. Answering, says: That
be holds said parties by virtue of mittimus
from S. A. Dullng, Justice of said county,
here to the Court shown, and made par:
of this answer, and that the parties are
produced in Court as by said writ he is
commanded. ROBERT S. PATTERSON,
Jailor Davidson county.
HEARING OF THE CASE.
At the hour above named, the four pris-
oners were brought into the court room
and seated near their counsel, Gen. George
j. Stubblefed and Gen. w. b. Bate. City
Attorney Martin, w. G. Brien aid Col. Nc
Clanahan were present to represent the
| State.
Gen. Bate having read the petition, and
the answer having been read by Mr.. Brien,
Mr.. Martin rose and said he objected 10 the
petition. The petitioners claim that they
are illegally shorn Of their liberty, but vel
| fail to show wherein that illegality consists
leaving the prosecution nothing to combat
and the petition is therefore insufficient.
Gen. Bate said the petition was drawn
up according to the atutes, and that the
petitioner was Illegally restrained of his lib
erty was matter of oval proof.
Mr.. Brien replied at some length, quoting
authorities in support of the position thai
| the petitions in the case were defective, anC
reciting the facts connected with the impris-
onment of the defendants, and the contin.
uauce of the case by the Board of Justices
with which facts our readers are familiar.
Gen. Stubbleield urged that there was
no proof against the petitioner sufficient to
warrant his being confined in Jail ten days
| When the case was frs called the defend
ants had signifed their willingness to go tt
| trial at once. He argued that the bail de
manded of his clients was excessive undel
the circumstances and asked that it be re
duced.
Col. McClannahan read the following
notice which had been served upon Sergt
Tignor, as prosecutor in the case:
F. G.. Tignor, Prosecutor-Take notic'
that we win make application to be released
on bail under writs of habeas corpus, sued
out before His Honor, Judge 10. G. Guild
at the law court room to-day at 2 p. N
when and where you can be and resis
said application if desired. This Nashville
Aug. 26, '7S.
a. ]. IRWIN,
| WNT II TpWTv