Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-29
seven o'clock in order to give Judge Nelson
an opportunity to make his argument
without Interruption.

seven O'Clock in order to give Judge Nelson
an opportunity to make his argument
without interruption.
NIGHT SESSION. -! s.41
Hon. Thos. A. r. Nelson, for the defense
made one of those ponderous arguments
for which he is so we'll known, but as it
was very lengthy we can not attempt more
than skeleton synopsis of his remarks.
For the last forty years he bad appeared
in different courts as counsel in all kinds
of case, from petit larceny TO the highest,
and he was painfully aware tbat cream
stances i'm this trial had been brought forth
which made it peculiar case. he was
painfully conscious that facts had been
brought out and he might say that he APP
peared under disadvantageous circum-
stances. Under these circumstances he
felt that it was necessary to make an
earnest appeal The general facts In the
case were quite thoroughly understood,
and he would not dive upon them.
He said have to make an appear 10
you, gentlemen, at the commencement OF
this case. The circumstances in the case
are such that [ ask you to take the cyl.
dence in this particular case and render
your verdict in accordance with these
proofs. If the court should take 1T upon
himself to give his opinion as TO facts In
he case, you will not rely solely upon his
charge. This is my opinion, and in sup
port of which refer to authority.
do not wish to be understood that the
court has not the right to express his opin-
ion as to the facts brought out in the case
I ask you to Danish every feeling of preJu-
dice or bias that has been created by the
conduct of the defendant and if it will be
possible to discard all the circumstances OF
his flight and look with an eye single to
this Indictment, l declare to you that as
far as the charge in this in dictment
and he can with sincerity ask for
an acquittal. Such verdict might aston
ish the people of this county, but if the ev-
idence is not sufficient to warrant his con-
viction, trust and / shall be able to DEM
onsUrate that such is the case to the jury
and court that shall be able to convince
you that there is defense.
When he comes into the court he comes
as an innocent man AMI he stands as such
until evidence is adduced that shall prove
him guilty. The burden of the proof is
upon the Government to show that he is
guilty, and he can demand that
such evidence must be brought for
forward. The theory of the Government
is that Boyd, Payne, Kelso, Petit and
others combined together to defraud the
Government. They bring Payne as their
chief witness and he stands here perjured
is afraid to state whether the writing Is
his own or not. He comes an accomplice
to confess and get his own meek out of the
halter. The best authorities say the evil
dence of an accomplice should have very
little weight with a jury. Mr.. Nelson
also referred to decision of the Supreme
Court of Tennessee as to the evidence of
an accomplice.
In England the rule is that prisoner
could be convicted upon the proof of an ac-
complete. This A. Il. w. Payne, if he
tells the truth now, swOre to lie when he
swore to the roll of the Bryson command.
While L grant that there are five cases that
are not in the indictment and the circum
stances Of his escape from justice, | beg
you to look to the other side and see if
there are not suspicious circumstances In
their side of the case.
desire to call attention to the dates of
the various papers relied on to prove a
conspiracy to defraud the Government,
running as they do from 1866 to 1870. If
they had been q part of a conspiracy,
would they not have been nearer in date
than they are.
Judge Nelson then claimed that so mnch
of the proof as is barred by the statute of
limitations is not admissible as proof now,
and that the first two counts of the indict-
ment for making papers in the application
for pension, had been ruled out under that
statute. He claimed that flight was only
prj"aG .fdcie, not conclusive evidence of
guilt, and that con luct going to show
guilt, is not satisfactory evidence of guilt.
Upon these points he cited various au-
thorities.
Mr.. Nelson then addressed himself to
the Martha J. Upton case. He alluded
to the alleged difference in color of ink in
the widows application, and to the spell
ing of the word born in one place and
6or1ae0 in the other, and claimed that they
had no significance. 1t was the experience
of every one that ink from the same ink |
stand would be sometimes pale and some
times dark. AS to the word horned"
that was darkey talk and should have no
weight in this case.
He spoke of Boyd's good character and |
the absurdity of suppOsing that he would |
perjure himself for the petty sum of Sl3.7,
the amount he obtained in the Martha J. |
Upton case. Boyd obtained altogether in |
this case only S655.3S and paid out to her |
and to Attorneys and others the whole |
amount excepting the sum of S13.T. The |
fact that Boyd paid over this money is |
strong evidence of his innocence of fraud |
in this case. @AAs2
What has this great cause dwindled |
down to? Nothing but the bald fact that
Martha J. Upton had four children in
stead of six. She had been pocketing the
money for the fraudulent number, while |
Boyd got nothing but paltry commission.
Jude Nelson then rehearsed little Eth
opian pantomime, when she first became
alarmed after converse ion with
Schwarts: "Golly Use not gwine to git
myself in depenitentiary bout dis;;'specFd
better back out and say never toIe Mr..
Boyd I had as many chil'en as did"
l need not tell an honest intelligent
Jury like the one now before me that it is
possible for a man TO swear to a lie and yet
be absolutely guiltless of falsehood, and if
the lie in con troversy Is not told by Mar
Lha, Boyd was innocently led into the er-
ror by seeing the six children at her house
and naturally supposed they were hers,
especially as he was told so by Prince Wal
ACE. Look at the testimony of Martha
Upton aud Prince Wallace against Alex.
[Dman, ESqr's. Worthy and Petit, and
400 If the two for NOR aro ontifla1 tn full |