Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-04-02
THE HOUsEN TRAGEDY.

Tailor Patterson Served with q Writ
OF Mandamus-An Order from the
Z Court that Man and Wife Shall not
be Kept Separate.
AS before indicated in the columns of
the UNION AND AMERICAN, our readers
have heen apprized that an effort had been
made TO place VIM. Housen aud his wife,
both charged with the murder Of Mrs.
Housen, In the same cell. The justices,
- whom this application was made, re-
fused to grant the application, contending
that the Jaiior had power TO place prisoners
wherever be pleased, as be was responsible
for their safe keeping.
Yesterday evening Capt. T. L. Dodd and
w. G. Brien, counsel for the accused, came
inc court.with petition and praying that
a writ of mandamug be served ON The sber-
iii to give him an opportunity to show
c 4t1se why the wife and husband were not
placed in the same cell. The petition was
presented TO Judge Guild, who also called
Judge Baxter te the bench to hear the mer-
Us OF The case. The petition was as fol-
lows:
Your petitioner would respectfully show
your Honor that he is imprisoned as de-
PENDANT in'the fail OF said county upon
charge Of murder, and as such defendant is
placed intbe custody of Robert Patterson,
public officer, the Tailor of said county,
Your petitioner would further show that
Laura j. Housen, bis wife, is also ifnprisI
oned as defendant TO the same charges, be
being confined in cell of ssid / al and she
in what is known as the block house, In
the jail yard.
VOur nnfittnpor xro,,i1 G,,klo. Al
on yesterday after the cause was continued
oy the State before the examining court an
order was made By the three justices COM
posing the court that defendant and his wife
be placed in the Same cell, as defendant is
informed and believes. Yet though defend
ant has been imprisoned since last Satur-
DAY morning, and his said wife since last
Saturday night, defendants said wife has
been prohibited and refused access to him
by said Jailor. Your petitioner is advised
that by section 5207 of the Code of Ten
nessee, the defendants wife shall be allowed
access to him at all reasonable hours. That
by said act of the General Assembly of
Tennessee it is made the official duty of
said jailor to allow the defendants wife to
visit him at al reasonable hours during bis
imprisonment. That this is also a legal
right guaranteed to the defendant by the
laws OF the State, and that he has no legal
specific remedy, save by the writ of man
damus. The premises considered. petit
toner prays your Honor to grant the writ
OF mandamus to compel the said TAILOR to
perform said official duty, and to secure to
petitioner bis legal right aforesaid, and, as
In duty bound, will ever pray, etc.
Sworn to by w, G. Housen. before
7. D. CAssETY, j. P.
w. G.. & NJ. NJ. BRIEE, JR., and
THos. L. DoDD,
Attorneys for Petitioner.
10 support of the petition Capt. Dodd
referred to sec. 5207 of the CoGe, which
reads as follows: "The defendants wife
and his counsel whether employed by him
or appointed by the court, shall be allowed
access to tie defendant at all reasonable
hours" He also quoted from section 5423
Of the Coce, to-wit: 'Male and female
prisoners, except husband and wife, shall
not be kept in the same room in Jail"
The court after Considering the merits of
he case at issue, ordered as follows:
The defendant having appeared and failed |
% show cause why the prisoners, Vim. and |
Lena Housen should not be placed in the |
anne cell Of the prison by themselves, it is |
herefore ordered that be forthwith place |
hem both in one cell, and so keep them |
Until this order is revoked or modified by |
be proper authority, and it is hereby made |
he duty Of the Sheriff of Davidson county
o see this order executed.
N. BAXTER, Judge.
j. G. GUILD,
Mr. Patterson wanted to know if he could
lot take an appeal frcm the decision of the
curt, and he was informed emphatically |
hat be could not--that if he did not carry
ut the order, be would be seat down him
elf.
Since about o'clock on Monday ni5ht,
irs. Hnusenis laboring under mental sber-
alton or feigning to be in a semilunatic
Ondition.