Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-26
TRIAL OF THOs. C. BOYD.
The Case Dragging its Slow Length Along
Interesting Developments Adducad In
Testimony. .r#|s4s
SIXTH DAYS PROCEEDINGS.

IH0S. u. BOyu was res umeu. OllDeTG Il
Y. Falls, one OF the witnesses for the pros
ecutiOn was
ROsS-EXAMINED
by defense's counsel. Witness was con-
nected with Bryson's company, though
net formally mustered into service. Had
after the war ended assisted in making out
The rolls in order to obtain bounty,
pay, &c. .rs-
Considerable argument arose between
counsel in regard to the recollection of the
testimony Of witness Falls. Judge Nelson
endorsed the rules of the court but hoped
in view of the eXigency of the case they
would be relaxed little in their
favor. .E SIS
The cross examination of Falls was then
taken up. Had requested Boyd to present.
a claim for him, but he had declined, as
| witness name was notion BrysOn's muster
roll. but promised that it should be put on
q suppleInental roll and forwarded. Wit
ness had written to the Auditor at Wash
inoton if q claim for himself had been for
warded: is satisfied Boyd prosecuted no
claim for him. Recollected signing an ap-
plication for claim for services rendered,
L
same that Payne didn't remember on the
dav preyiousl The instrument was partly
filled out by himself and partly by Boyd:
Saw PAYNE sign the paper in question at
Madisonville.
Judge Nelson made some remarks on
the Importance of documentary evidence
in general, and the difficulty of identity
ing hand writing.
Falls was one of the original eighty
three in Bryson's company; Joined the
command in the woods while refugeelng to
kentucky. Had himself made out claims
for several members of the company, some
OF which were prosecuted by Boyd, ana
others by different parties.
Difference between Judge Emmons and
counsel for defense as to admissibility of
evidence as irrelevant.
Witness had no recollection of making a
contract with Payne for prosecuting claims
i'm partnership. Being shown document
nurnortinp to emanate from Crawford
Pruhitt and others, transferring their
claims to Morrow and Payne, witness
Acknowledged writing portion OF the
document.
Mr.. Nelson stated that he would wish TO
recall Payne and Falls to interrogate them
as to documents personally shown.
The examination of witnesses 10r -tne
Government was here concluded.
EVIDENCE FOR THE DEFENSE.
Alexander Inman (coloredy was exam
ined for the defense. Witness resides in
Monroe county. He Is sometimes called
Alex. Inman and sometimes Alex. Dyer.
Knew Martha j. Upton for fifteen years
and Prince Wallace for same time. Was
i'm the office of Messrs. Peddrick and
Minkler. commissioners in Madisonviile,
to witness Martha J. Upton's affldavlt as
to her and Frank Upton being man and
wife. Witness heard Martha, in answer
| to a question, say she had SIX children.
Counsel read affidavit in question, claim
ING to be the widow of Frank Upton
and having six children. Witness testified
to seeing Martha sign the afhdaVie. by
making her mark. Is minister OF the
gospel. Knows a man named ParsOn
McGhee: saw him several times; heard
him preach in Ohio at one Tune, but mas
not seen him for four years. Knows Alex.
McCroskey, colored, who is about 81 years
old. He lives north of Madisonville, on
McCroskey's place He is q Baptist
preacher. Knew Ben. May, colored, who
| lived at Sweetwater. Prosecution on
former trial clai med that McCroskey,
Nav and McGhee were fictitious names. ]
Witness testified that there was Sarah
Jane Upton, slave of William b.
Upton.
CROSS-EXAMINATI0N.
Did not swear as to the number OF Mar
| tha J. Upton's children or their names, nor
did he know when they were born. Col.
| Baxter read the names of the children and
| their ages, which he said he swore to, but
didn't know it of his own knowledge,
| but took her word for it, bellev-
| ing she was an honest woman. Had been
| INF
dren she had now. They were not in the
| office at the time. He knew a certain
Sarah Jane Upton, owned by VIM. A.
| Upton; was tolerably well acquainted
with Upton's slaves, living only 8 miles
| off. Had since moved from the neighbor-
hood. Witness was formerly a slave OF
| VIM. DYER, who married Gen. j. &.
Naughn's sister. Was acquainted with
| Boyd. Could not name any one else who
had ever seen Sarah J. Upton and did not
know where she was. Saw her only three
but only as a cook. Was minister of the
Cumberland Presbyterian Church.
/ Asked if "Scillan and Sarah J. UptOr
were the same person ? Equivocated con
sderably, his answers being provocative
of laughter Finally answered that they
! were not the same. The women belonged
to different owners.
WM. j. HICKS
Examined affidavit containing his sig
f nature in two places, but could not recall
! the circumstances OH account of the tim
that had since elapsed. His brothers nam
also appeared, but he had since died
Could not remember who asked him t
sign it nor who were present. Had seel
John G.. Minkler's writing but was not ex
pert at identifying handwriting.
Witness was somewhat acquainted wit!
| A. II. w. Payneis general character, ,whicl
was bad, His (Payne's) cath should be re
81 ceived with a good deal of caution.
, IDENTIFYING WRITING.
/ T.W. .Burgewa then introduced. Show
: paper, part of which was in Mlnkler
E hand, some in Pettitt's and little L
a Boyd's After great deal of experlenc
Il he was of the opinion that hand writln
e as evidence was not reliable. Witnes
d was then shown Bryson's muster roll. !
If portion resembled Boys hand, but he we
), not sure it was. The body of the music
,. roll down to the name "John Smith," in