Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-02-05

children of our deceased soldiers grossly
abused by some one, is evident enough.
That Boyd was the man who made and
presented the documents which contained
the falsehood by which the wrong was ac-
you will have no difficulty in
deciding. Your labor commences only
when you meet his denial that he II Id any
knowledge of or was l)riry to the fraud.
In this connection your attention should
he challenged to the iact that, although it
be conceded.that Martha and Wallace did
know the contents Of the several ailidavits
they made, such fact may be quite true, and
still, If the prisoner also knew or was
priiy to the fraud, be is equally
guilty. The question whether these two
negroes originated of their own cunning
this wrong is mainly material as going
to the other fact of Boyd's knowledge.
The theory is that they gave him the infor-
nation upon which he acted and believing
it, in ignorance that they were deceiving
him, he innOcCntlY made the claim for too
many children. AS going to sustain this
theory, then, it is legitimate to enquire
whether they told him there were four or
six children, although whether he believ-
ed il or not is q different question: the
enquiry is, nevertheless. pertinent and
important as TO the fact of his knowledge.
They both swore they never gave the
number or names of more than the four
children which, in fact, are all Martha
had. That until the Government agents
informed them, they did not know the
claim was for six and that if their aifida-
Wits stated differently, they had not been
correctly interpreted to them. That they
could not read themselves and relied
upon Boyd and his assistants.
The face of the papers, the filling up III
different ink, the writing over the seal, the
spelling and other features are urged as
corroborating the testimony. Inman, IL
colored man, KelsO, a justice of the peace,
before whom they were sworn, on one oc-
casion swore the atftdavits were read and
Martha declared she understood them and
said she had six children. Petit, before
whom she was also sworn, with less posi-
tiveness. but still substantially, says the af-
fdavit was read and copied i'll her pres
euce, The evidence is in direct conflict
and dii We believe. that the whole case
rested upon whether the jury Believed the
one set or the other, we would submit
some legal considerations, bearing upon
the credibility of the parties. But as be-
fore said. YOU may be in doubt as to this
fact whether Martha and Wallace knew of
the fraud and stated there were six chill
dren and voluntarily took the false oaths;
and yet if you believe that, from all the
other facts this is sufficient proof to show
Boyd knew what they swore TO was false,
then your verdict may be based upon il
without waiting to determine the precise
balance of credibility between these oppos-
ing oaths.
An important feature in the evidence GO
ing to show the knowledge of Boyd and
the intention with which he acted, is
found in one of his own afMdavits. He
swore these six children were Of his OuE
knowledge those of Martha Upton. He
names them all You will take into coI-
sideration whether this oath was taken by
an intelligent or ignorant man, whether
he Eno,c the requirements of the law anG
fully appreciated the crime of swearing
that he knc'C facts which he did not know.
An ignorant man like Inman could swear
without moral criminality to mhat he did
not know, merely because another had in
his presence sworn it was so. But the
department wanted testimony from those
who knew from personal knowledge and
daily observation that the children were il
fact those of the pensioner. If you think
Boyd knew this and deliberately perjured
himself, then 1t would be matter which
you should carefully consider as high evil
dence that he put in the claim knowing
there were but four children.
1t would then be false oath in the same
matter to the identical facts, aud one upon
which an indictment might be framed.
You will have to say whether he who cor
ruptly swore for the purpose of obtaining
money that he knew personally the whole
six children, was innocent when he put in
the claim for the same number and by the
same name.
You will also carefully consider the ca
pacities of the parties, their ability to per-
petrate it, the probability of its originating
with the prisoner or with those negroes,
the appearance of the papers and all other
proof going to show whether they were
in fact filled up when sworn to; whether
the alterations grew out of n change in the
| law, and did Martha and Wallace know of
this change and all other facts going to
sustain or discredit the oral testimony of
| either side and conclude, If you can, from
| it whether Boyd or these negroes con-
| cocted and carried into execution this
| fraud.
If you fail TO come to conclusion upon
| this first department of the proof that
which includes the evidence of other SINH
lar crimes is open to you.
1t has already been said this will be
| looked to only to show guilty knowledge,
and the court Is asked especially to call
your attention to the principle. 1t is fla
miiar and undoubted, but its application
here ofbut little weight. We cannot perceive
that it has any infiI ice whatever. Some
explanation may be necessary to enable
you TO see clearly how little it will embar-
rass your consideration. Let us suppose
a man arraigned for passing counterfeit
| bill-tWo witnesses swear he Is the man
who passed it, three swear he is not, and
the Jury are in real doubt as to his ideu-
tity, This is all the evidence
and no cOrr0borating circumstances sus-
tain either party. But in order 10 convict