Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-28
TRIAL OF THOs. G. BOYD.
The Cause Delayed by an Absent Juror.


SEVENTH DAYS PROCEEDINGS.
Court met at the appointed hour yester-
day morning, with their honors, Judges
Emmons and Trigg on the bench.
The roll of the jury was called and Sam.
uel I. Newman failing to answer, Judge
Emmons stated that he had received q
dispatch from him saying that he had
missed the train but would be here at 11:30.
The case of the United States vs. Thos. G.
Boyd was then postponed until 2 O'Clock
and the Jury discharged until that hour.
The counsel for the defense availed them
selves of an opportunity to consult with
their client in regard to matters with
which they were at present not so we'll in
formed as they desired to be.
AFTERNOON SESSION.
The trial of Thos. G.. Boyd was resumed
where it was left off on Saturday, by the
examination of witnesses by the defense.
B. G. Petit was called to the stand. The
witness made an explanation that he had
not said the children of Martha J. Upton
were present at his office when she was
qualified to her pension.
Questioned by defense.-Was he not
frequently unwell and did he not employ
the services of deputies. This was to show
how it was possible that Boyd was really
appointed guardian and that Petit, as
clerk, signed Boyd's bond from memoranda
made by deputy, which fact
witness has now forgotten Petit when
ill never left seal at the office-his deputies
were Horton and Minkler, and did not re-
member ever signing any paper officially
at his house onthe basis Of the" rough" dur
ing his illness. Thinks when Boyds
guardian bond is alleged to have been
written he was well. a brother of Lieut..
Morrow once came to his house to have
the county seal attached to some docu-
ment, but not on the basis Of q court
trough"
Defendants counsel hoped theirregular
ity in the examination of Petit would be
excused as they expected to have several
important matters by him, he having at
tested several documents in the Hickey
case and others now pending against Boyd.
INvALIDATING HIS TESTIMONY.
Judge Emmons stated a point of law
regarding meeting of the court Oh Satur-
day, in which the defense were, under
certain contingencies, allowed to invali
date the testimony of awitness introduced
by them when he turned against them.
Witness was shown power of attorney,
a paper marked mo. g." in the James
Davis case, and acknowledged his sigma
ture as appearing, certifying that j. G..
was Justice of the Peace.
The Court ruled such questioning as if
inasmuch as the Government had
never denied their genuineness.
Major Pettibone stated that in the Davis
case it was alleged that Boyd had made
out pension for the same Susannah Davis
in two instances, and showed that she
was married on the same day.by the same
person to two different men.
Mr.. Petit remembered Susannah Davis
and knew only one person of that name.
The original application for pension for
Susannah Davis was attested by Petit,
but Boyd was not present. According to
recollection of witness, an old negro
named Elias Matthews assisted Susannah
in getting up her claim. Mr.. J. L.. Carson
at one time had the papers in her case.
j. S. Coffin was also somewhat interested.
The defense endeavored to show that
claims were gotten up by other parties
and brought TO Boyd at Sweetwater, who,
as an agent, merely filled up blanks on
furnished by interested par
ties, the defendant being only an attorney
engaged in prosecuting claims.
RULING OF THE COURT.
The court held that the law regarded the
prisoner Innocent until proven guilty, and
that the innocence of their client need not
be established until his guilt was attempt
ed to he proven by the prosecution.
Petit being asked by sMr. Henderson
who was concerned in getting up the Bry-
son claims, as sub-agents, replied that A.
T.W. Payne was one-John Carson, might
have been, James Charles, perhaps, was;
a young man named John Smith, and a
man from Ohio, whose name he did not
know, also Boyd had great many sub
agents at work preparing claims, which
were brought to him at his office at Sweet
water.
The Government counsel stated that
they proposed to prove the claims fraudu
lent and that they were gotten up by Boyd
with guilty knowledge.
Mr.. Petit was examined as to matters
in the Sarah J. Hickey case. He stated
that a Mr.. Falls was in his Office, but did
not remember who in particular brought
Mrs. Hickey in his office. He was told by
A. It. w. Payne, in the presence of his Sis
ter, Mrs. Bryson that Lafayette and John
of them was fictitious, and that the alleged
widow, Sarah, had never been married to
Hickey. Learned the facts about Hickey
because he had been requested to do so by
party and when making these inquiries.
Gilbert l.. \. Falls was then at Washing
ton prosecuting the widow Hickey's claim.
BOYD's GUILTY KNOWLEDGE
Col. Baxter read letters from Thomas G.
Boyd to certain parties in Indiana making
inquiries at the Adjutant Generals Office,
in that State, asking for information of
James Davis, who purported to have been
light completed colored man and that
he enlisted at Madisonville, Monroe coun-
ty, while they proposed to prove that the
Davis who really did enlist in the 9th In
diana regiment did so at Terra Haute and
was mustered into service at Indianapolis.
Mr.. Heiskell was recalled, having been
sworn saveral days ago, and Intercepted
as to whether Martha J. Upton was asked
as to her knowledge of the contents of her
claim for bounty. Replied that he asked
if she was and that she replied in the affir-
NATIVE.
Silas Pease was The next witness, and
was Intercepted as to his knowledge of
Paynes completely with the Bryson
claims. Witness stated that he had met
Payne, Carson and Boyd at certain place.
Heard id17 Payne address Boyd and say: