Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-01-24
THE UNITED STATES VS.. BOYD.
THIRD DAYS PROCEEDINGS.

| O'CLOCK. Alter some delay, Prince Wallace
(colored), was called as a witness for tn
Government He testified that he lived il
! Monroe county, Is miles from Sweetwater
OH the same farm with Martha J. Upton
That before Thomas G. Boyd commenced
the prosecution of a pension claim for Mar
tina j. Upton, he (the witness) was on
day on his way to Sweetwater with a wag
OH, when the defendant Boyd overlook
| him on the road and asked him if he knew
Martha j. Upton. He said he did, where
upon Boyd asked him to call and see him
at his office in Sweetwater. Upon going
to Boyd's office that night he was asked
about Martha, and how many children
she had. He told Boyd four, giving their
names and ages, towit: Mary, Louis, John
and Sarah. Boyd then gave him some
papers, and requested him TO take them to
| Martha and have her to swear to them.
In a few days he went with her to Madi-
sonville, when the papers were sworn to
i'm Mr.. Petitt's office, with himself and
Aleck Inman as witnesses He did not re-
member that they were read over to him.
| He was asked if he was willing to swear
| that Martha J. Upton, widow of Frank Up
ton, a deceased Federal soldier, was the
| identical person she represented herself to
be. Upon answering affirmatively, he was
told to hold up his right hand. He had
no recollection of having touched a pen
for the purpose of making his mark to the
papers. Some time after this he made
an affidavit before Esquire Porter to what
he understood to be a Power of Attorney
in the case. These were the only times he
remembered to have been sworn. He did
not know who was present in Mr.. Pettit's
office. but believed Mr.. Hicks was there.
He had not been spoken to on the subject
of Martha's claim until he was Overtaken
that day by Boyd. Knew nothing of
Boyd having been employed by Mr.. Up
ton, Martha's former master, to prosecute
a pension claim for her. Did not tell
Boyd that Martha had six living children.
He had never heard of a woman named
Sarah ]. Upton, who sometimes acted as a
midwife, nor of a Parson McGhee. Mar
tina and Frank had been married before
the war, under the "old darkey Constitu-
ton" DR.. Upton was present at the birth
of some of Martha's children, and an old
colored lady named Hannah Lowery at
others. rs
Upon cross-examinationby Mr.. Cooke, for
the defense, he said he was going on 80
wears. Had belonged to Jas. GhOrmley
before he belonged to Mr.. Upton. He had
known Boyd before the war when he lived
near Eleazar meeting house. He could
not remember the month or the year he
was overtaken by Boyd. H. had no letter
at the time from Martha to Boyd. He had
continued to live with his former master
after the war Never heard MIR. Upton
tell Martha she was entitled to pension.
She had four children then, she had had
two since He repeated his conversation
1,n rnaff cd
what he had said about the reading of pa
pers in MIR. Petitt's office Boyd had never
Informed him that he was employed by
Mr.. Upton to prosecute Martha's pension
claim. He had never been approached by
Mr.. Schwartz or any Government detec-
tive, to his knowledge, on the sub
iect of this prosecution. Did not know
who, or whether any one at all had come
to Marthas on that subject. Martha
never promised him part of her pension
She did not have six children with her
before the Magistrate, nor any at all.
Judge Nelson read an affidavit for the pur-
pose of refreshing the witnesses memory,
but he did not remember of having ever
heard the paper read before. He had new
er sworn to paper before Esquire Worthy
as he recollected. Did not remember to
have been sworn before any Justice in
September, 1868. Had no recollection of
having sworn TO paper witnessed by
Boyd and Charles Oliver. Could not tell
what time he was before Esquire Oliver,
but it was in harvest. Being re examined
by Col. Baxter for the prosecution, he did
not know how long before the war Martha
and Frank were married.
Martha j. Upton was then examined,
Examined by counsel for prosecution. The
application for pension was made out by
Boyd, and sent to her by Prince Wallace,
when she was sworn by Esq. Porter, at
Esq. Petitt's office in Madisonyille. Was
living at Henry UptOn's, her former mas
ter-had only four children living; had
three other children, two born dead and
one lived day and night. When the
paper was made out for her pension she
had not seen Boyd in regard to the matter
at the time. Swore to q power of attorney
to draw money before ESQUIRE Porter. Had
never known that she was entitled to
pension until Prince Wallace brought the
claim and appraised her of the fact. Had
never made an affidavit before Esq. Kelso,
and did not know him until she saw him
in court. Was sworn before Esq. Heiskill
in order to empower Boyd to draw the
money, which he afterwards paid her on
one of the claims. Was never formally
married, but she and her husband, Frank
Upton, had simply took up' and lived
together as man and wife. She was paid
something over 500 by Boyd two different
times, and something over $500 by man
named Harrison at another time.
Examined by counsel for defense. Never
knew any such man as Parson McGhee.
Was formerly owned by man named
Spears. Lived with Upton since she
was q or % years old. Was living at Mr..
Upton's, and lives there now. Had never
talked to her old master or any one else in
regard to the pension. Had lived with
Frank Upton II or II years. Had chill
dren by Frank Upton and l now living
by another man since his death. She had
been sworn three or four times about the
claim. Did not know any Sarah J. Upton,
but did know "Scilla" Upton. Had
never received orders on stores for goods
from any one. at time when accompa-
MED by Harrison was paid something over
$500. Never gave Boyd receipt. Price
was not present. Had never requested
Boyd to keep any of the money due
her. The papers were not read to her, but
| she said she understood what che Was