Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-26

| 1t to swear to 1t. was IaulLai WIZ
Chumlea's hand and identified several
names as in his hand. Was allowed 10 eiso eN,
anime the roll during recess OF the
court. ST.
AFTERNOON SESSION.
Counsel for defense read notes of fsrmer
trial and sundry receipts from Martina j.
Upton, acknowledging receiving pension
money, &C., attested by John Harrison,
John C.. Vaughn, McKelden, w. IL. Price
and others.
Mr.. Barron recalled to the stand and test
flied that the most of the filling up was In
J. P. Chumlea's handwriting. The names
of Rose, Elicit and Hickey were not.
| Showed letter to counsel for prosecution,
written by Chumlea in support of his
view. se.,i7~srr.-. ,L,r-
| WI. Price testified that he knew Mar
| tina J. Upton. He lived at Sweetwater.
Had witnessed the receipt OF a payment OF
Of S172 to Martha J. Upton. He did busl-
ness for Thos. G. Boyd, and sold bill or
SA to Martha. Knew when Payne was
selling goods at Coco Creek. (Questlon
asked by counsel for defense ID invalldate
| Payne's testimony, and showing that ne
bought goods from A. w. Boyd anu }. Z.
Vaughn.)
Re-examined. Witness considered store
on Coco Creek as Payne's, and not Boyd's
had heard him says 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. L. w.
PAYNE had never to his knowledge bought
claims for himself and Thos. q. Boyd with
goods furnished by them.
]. III. Worthy, J. P, testified that he
knew Martha j. Upton. Was shown
claim alleged to have been signed by her
and witnessed by him in his capacity as
Justice of the Peace Witness said that
he 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 man named Mlnkier
and witness copied certificate. Martha
| was i'm the room at 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 X mark, usual with per-
sons unable to write.
Stopped with Thos. G. Boyd at Martha
Upton's house; it was in the spring OF the
year and cold. He had accidentally met
Mr. Boyd and they travelled some distance
together at 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
conversation in regard to pensions for her
self and children-did not remember what
was said-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 Nr.Worthy, examined
by counsel for prosecution. Lived tour or
five miles from Madisonville. Knew the
.Uptons and their slaves. Did not know
negro by the name of Sarah J. Upton.
Did not read the certificate to Martha j.
linton. 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 creditable, dc.
Witness reiterated he didn't know Sarah,
had never seen that person before or since,
and wouldn't if he were to see her again.
She was colored woman.
b. u, f6CIGt, tuCl tOOh WV SetsiiNN'
Witness was the County Court Clerk of
Monroe county. The application of Mar
tina j. Upton was read in kis office by
Young man named Minkler. Never saw
Martha until she came in his office to be
qualified. Prince Wallace and Alex.
| Inman were also present. Believes that
the number of children with their ages
were read aloud in Martha's presence.
Asked the question before she was QUAR-
| fed if the paper had been read to her.
when Minkler read it in the hearing OF
those present. Wrote Inman's name as q
witness. Was Clerk of Monroe county at
| the time. Boyd was not present. IOnt
| know what become of the paper after
| ward. Was not interested in the claim III
! any way. d., ,--.
| Witnessed being asked, stated that J. IL.
| Kelso lived nine nine miles from Madison
Vile. When paper was signed and certi-
| fed to, thinks the negroes probably left his
office together.
| ROSs-EXAMINED.
| Was clerk of Monroe county from 1864
| till the fall of 1870. Boyd never appointed
guardian for Samuel Elliott or Geo. Rose,
| (knew no such man as Rose, and had new
er given bond, which was afterwards stolen,
because none such was ever issued. Col.
Baxter read a statement certified by Pet.
tilt, in Boad's hand writing, with seal OF
office attached, which he says was obtain
ed surreptitiously, though, a genuine sig
nature, in which Boyd claimed to have
been appointed guardian of the minor heirs
Of Samuel Elliott, (then living.j Also
similar paper wherein Boyd purports to
have been appointed guardian Of George;
Roses minor children. Witness stated
that he had signed this as well as the
other and affixed the county seal ignorant
ly, not even knowing when he did it OF
who got the papers.
Witness was then shown certificate OF
Martha J. Upton, which he thought was
in Boyd's handwriting. He was under
Indictment in the Federal Court. Was
relative of Thos. G. Boyd. ..F. -.
Re-examined: Pettitt's answers aston
ishing the defense, he was re examined by
, counsel and asked if he had not seen the
; papers to which his name was signed
, Answered that he had been shown then
, by Col. Whitney. Was now under indiet
, ment before this court in three cases
Thinks he saw the papers mentioned, bu