Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-21
THE GREAT GOVERNMENT SwINDLE.
Thomas &. Boyd Brought Before the U. 8.
Circuit Court.

Thomas q. Boyd Brought Before the U. 8.
Circuit Court.
He is Arraigned for Trial and Asks for
Continuance.
Thos. G. Boyd spent Sunday in Jail
where he was visited during the day by
Judge Emmons and one of his relatives,
and passed Saturday and Sunday nights
very comfortably, having been furnished
with mattrass and extra blankets. He
occupies the cell in the southwest corner
of the Jail, on the upper floor, which is in
some respects better than the others.
There are three or four other prisoners with
him, one of whom, John Mangrum, is con-
fined for robbery, while the Others are for
violation of the revenue law. He is fur
nished with his meals from the Lamar
House.
BOYD BEFORE THE COURT.
Yesterday afternoon he was brought be-
fore the United States Criminal Court, His
Honor, Judge H. H. Emmons presiding,
and, through his counsel, asked cOntinu-
ance of the trial, as he was unprepared,
owing to the absence of some of his princi-
pal witnesses. ..-......,... s-s-
The first case then was called being one
of conspiracy to defraud the Government
in the obtaining of claim for Martha j..
Upton, widow of cOlOred soldier, where
in she is alleged to have six children, the
prosecution claiming that she had only
four. -
Judge Emmons stated that continu-
ance could only be granted for valid rea-
sons, which must be set forth in an affida-
Wit, whereupon the counsel for the defense
asked for time wherein to prepare it.
AFFIDAVIT FOR A CONTINUANCE. vs $50
This being granted, after the lapse Of
three quarters Of an hour, Hon. L. A. H.:
Nelson, senior counsel, re-appeared and
read the affidavit which he had hurriedly
prepared, setting forth the reasons why
| thew thought the trial should not proceed,
which was on account of the absence of
| important witnesses, by whose testimony
Boyd expected to prove the genuineness
| of the claims for the said Martha j. Upton,
closing by expressing the prisoners regret
at being absent at the last term of the
court, and that, In his opinion, owing to
the present state of public feeling, it was
| impossible to obtain justice at the present
| term Of the court. -rT .sJs
Judge Emmons thereupon stated
| that the court could not grant continue
ance without it was shown that the de-
| PENDANT had used all diligence in obtain
| ing the attendance of material witnesses,
| but before refusing the continuance asked,
| he advised Judge Nelson to be more spe-
| cific in regard to the matters contained in
| the affidavit. --rr
REASONS FOR DELAY.
Judge Nelson said that he could and
| would gladly do 80 If sufficient time was
| granted and asked until morning to pre-
| pare the same. He was well acquainted
with the points in the case now before the
| Court, though he had been so pressed for
| time as to be unable to consult with the
| prisoner in regard to other cases against
| him, and added that if Boyd had not SO
unexpectedly been brought to this point,
he would have argued that ne was really ~
dead. He urged that delay be granted
alleging that it was custom OF the state
courts.
Judge Emmons heard the remarks of the
| counsel for the defense with patience and
| courtesy, but could not see upon what
grounds he could grant the continuance
unless it was shown that the defendant
| was not to blame on account of not being
prepared.
| A LITTLE TO BLAME.
| Col Baxter said that if the prison er's
shooting himself, burning his body and
fleeing the country was blamable then he
i
| Judge Nelson's candid statement as tC
what he had intended to argue in regard tC
Boyds alleged death, he believed that
! there would have been witnesses enough
| to swear it, but now it was unnecessary
| He thought if the counsel for the defense
had exercised as much diligence in prepar
| ing to try the case as they had in obtaining
a continuance they would have spent their
time to better advantage. sa
| Judge Nelson considered the remarks OF
| Col. Baxter as an unfair assumption on
his part, and briefly stated his reasons fnl
asking the continuance, saying that If time
was granted to make the affidavit more
! full he could satisfy the court, he thought
| He would consult his client, and if he wa:
governed by his advice he would make 8
| full statement of his conduct, even if lit
had In q moment of despair beer guilty o
what he had been charged.
| TIME GRANTED.
| Judge Emmons stated that it must bt
shown that due diligence had been used by
| the defense in order to have their. wit
nesses present, and granted until ter
o'clock this morning to prepare a full state
ment by affidavit
Judge Nelson then asked for copy of thu
indictments against Boyd. and hoped tina
he would be allowed to have an interview
with the prisoner at one of the hotels, il
the custody of the Marshal, or anywher,
except at the Jail. He then offered bal
for the prisoner.
This was objected to by Col. Baxter
who said that somebody would perjure
themselves if it was offered. Br
Judge Nelson Indignantly spurned tn
charge of Col. Baxter, and after SOM
further argument, which, however, elic
tied nothing new, Court adjourned unit
this morning at ten o'clock.
CONSULTATION WITH COUNSEL.
Boyd remained at the court honse unit
after his counsel took their tea, his owl
supper being sent to him from the Lama
House, after which he had an interview
with his counsel at Col. Cookies Office. q