Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-01-25

grounds for a continuance with tha
zeal and earnestness which always char
acterizes his efforts In behalf of hi
clients. AT times he was eloquent in hi
appeals to the court, and every one wbt
heard him must admit that he did th,
best that could have been done under
the circumstances.
Colonel Baxter opposed the eontinu
anee, in few plain, practical remarks
giving his reasons in a concise manner
for which he is distinguished.
Judge Nelson closed the argument
with a general review of reasons pre-.
sented.
/ Judge EmmOns decided against the
continuance, when Judge Nelson, coun-
sci for the defendant, moved that he be
admitted 10 bail. The hour Of adjourn
ment having arrived, the court agreed
to hear the motion at two O'Clock.
AFTERNOON SESSION.
The hearing Of the Boyd trial was re-
sumed on a motion of the defendants
counsel 10 give bail for his appearance.
4 John 5. Thomas, of Bristol, proffered to
| 60 on the prisoners bond, stating that
/ he was worth the requisite amount OF
money. His cTedibility was assailed by
/ the counsel OF the Government, which
involved considerable discussion, when
! the witness was Withdrawn
Thomas Boyd, uncle Of the prisoner,
was the next surety offered, who made
oath that he was worth more than five
thousand dollars, clear of all debts.
J. Galbraith, of Concord, was next
offered, who testified that he owned
property in excess of his debts to the
value Of thirty-five hundred dollars.
Jesse L. Williams, of Concord, did
not make it appear clearly that he was
worth the necessary amount and stood
aside.
A. w. BOYD testified that he was
already surety in other cases for about
eight thousand dollars, and that was
the full value Of unembarrassed prop
erty.
Thomas Boyd was accepted as surety
for the first case, and the same and AIr.
Galbraith for the case following. The
rest were refused.
A STARTLING MOTION.
Judge Nelson then asked leave to
withdraw the plea OF not guilty, in order
to make q motion TO quash the indict- |
ment.
Colonel Baxter objected, and hoped |
the trial would proceed.
The court refused the request, which 1
was not insisted on, and the trial then /
proceeded with the call of witnesses. /
when the jurors were then called, as \
follLw5:
William Fowler, r. H. Armstrong.
a. T. Keith, J. II. Lawrence, B. +. /
Dowdy, ;. l. Newman, J. J. West, Vim
cent Myers, q. w. Dame, L. w. Hamp-
ton, W. s. Reese, w. \. Simpson, Jere-
miah Boyd, L. D. johnson, Henry
Ault, John Gibbs, Charles Morrow, NJ.
D. Phillips, Isaac R8mDO.
The prosecution and defense were
each allowed two peremptory chal-
enges, while those were excused who
had formed an opinion on the subject to
'uch an extent as to bias their judgment
CHALLENGES.
The defense challenged Messrs. J. H.
Lawrence, B. F. Bowdy and Charles
Morrow, whose names were then strick-
n from the list.
jeremiah Boyd was objected to by the
counsel for the Government. \
Messrs. A. r. Kirk, W. 4. Simpson
md L. ID. Johnson were excused from !
erving as jurors by the court.
Judge Nelson stated that he wished to .
SIX preliminary question Of each Juror
5 to their opinion of the guilt or inno- /
ence Of the prisoner. {
Judge EmmOns then defined the du- {
les OF jurors. They might have read
be newspaper accounts Of the prisoners i
-oubles, but unless they were preju- {
iced in the matter, they were still COM S
etent. T
The prisoners counsel Withdrew the .
quest preliminary to the proposed mo- 7
on to qdash the Indictment. 4
The following gentlemen compose the z
JURY SELECTED: a
Wn. Fowler, R. II. Armstrong. Sam.
Newman, J. J. West, Vincent Myers. {
E. W. Came, L. w. Hampton, W. :. $
eese, Henry Ault, John Gibbs, Isaac n
ambO and NJ. L. Phillips.
The jury were then sworn in aud adj o
sed as to their duties, when court ad- &
urned, little earlier than usual, until D
ne O'Clock this morning, when the q
ST indictment against Boyd will be =
ken up and the trial virtually COM Il
enced.
A HORRIBLE PLACE.
The Knoxville Press and Herald. oil u
e twenty-first instant says: "The !.
rnest efforts to induce the United -
ates Marshal not TO cOnfine Thomas =
Boyd in the county jail, owing to y.
neral unftness Of that prisOnhouse, -
Judge Emmons TO visit it on sun p
". The Judge stated in court, yester- =,
y, that the jail was the most outrage -
S place for keeping human beings con- y
led in he had ever seen. 1t was so ",
mp that the water tTickled down the ~
Ais, and so dark that nothing could - =.
seen. He regretted that it was an ~
lavoidable necessity to confine any i0
an in such pestilential hole, but that -
it seemed the State and county ~
emed the Jail good enough for the ~
Ie-keeping Of those in custody Of the -. -
arshals and sheriffs, he had no alter Z,
tive. I'd
The Marshal would not send Boyd to a. a.
last night, but gave him comfortable - -
arters, well guarded, in the court ~
use. ~