Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-01-25
The Man that was Lost and
Found Again Before the Uni-
ted States Court at
Knoxville.
Arraigned for Trial, he Asks a
COntinuanee-Passage Be.
tween Baxter and
Judge Nelson.
Continuance Refused--Quick Work
A Jury Impanneled, and
Trial Commenced.

lnOmas u. BOYD spent sunday 4
jail, where he was visited during Tia
day by Judge Emmons and one of hi
relatives, and passed Saturday and Sun
day nights very comfortably, havin
been furnished with a mattress and eX
ira blankets. He occupies a cell in tn,
southwest corner Of the jail, on the up
per floor, which Is, in some respects, bet
ter than the Others. There are three O
four other prisoners with him, one o
whom, John MaBgrum, is confined fo
robbery, while the others are for viola
tion Of the revenue law. He is furnishe,
with his meals from the Lamar House
BOYD BEFORE THE COURT.
Yesterday afternoon be was brought
before the United States Circuit Court
His Honor Judge II. II. Emmons, pre-
siding, and, through his counsel, asked
a continuance of the trial, as he was un.
prepared, owing to the absence of some
of bis principal Witnesses.
The first case then was called, being
one Of conspiracy to defraud the Govern
ment in the obtaining of a claim for
Martha J. Upton, widow of a colOred
soldier, wherein she is alleged to have
SIX children, the prosecution claiming
that she had only four.
COIlIlIl-
uance could only be granted for valid
reasons, which must be set forth in an
affidavit, whereupOn the counsel for the
defense asked for time wherein to pre-
pare il.
AFFIDAVIT FOR A CONTINUANCE.
This being granted, after the lapse of
turee-quarters of an hour, Hon. T. A.
Il. Nelson, senior counsel, reappeared,
and read the affidavit, which he had
hurriedly prepared, setting forth the rea-
sons why they thought the trial should
not proceed, which was on account of
the absence OF important witnesses, by
whose testimony Boyd expected to prove
the genuineness of the claims for the
said Martha J. Upton, closing BY ex-
pressing the prisoners regret at being
absent at the last term of the court, and
that in his OpiuiOn, owing to the pres
eut state of public feeling, it was irnpos-
sible to obtain justice at the present
term Of bhe court.
Judge EmmOns thereuDon stated that
the court could not grant a continuance
without II was shown that the defend
ant had used all diligence in obtaining
the attendance Of material witnesses, /
but before refusing the continuance
asked, he advised Judge Nelson to be 1
more specific in regard 10 the matters /
contained in the affidavit.
REASONS FOR DELAY.
Judge Nelson said that be could and 4
would gladly do 50 II sufficient time
was granted, and asked until morning /
10 prepare the same. He was well ac- 4
quainted with the points in the case
now before the court, though he had 4
Haa ssrH
20 consult with the prisoner in regard to
other cases against him, and added that
II Boyd had not so UNEXPECTEDLY been
brought TO this point, be would have
argued that he was really dead. He
urged that delay be granted, alleging
that il was a custom of the State courts.
Judge EmmOns heard the remarks of .
the counsel for the defense with patience
and courtesy, but could not see upon
what grounds he could grant the con-
tnuance unless it was shown that the
defendant was not to blame on account
Of not being prepared.
LITTLE TO BLAME.
Colonel Baxter said that if the
prisoners shooting himself, burning,
nis body and fleeing the country
was blamable then he was little To
blame, and concerning Judge Nelson's
candid statement as 10 what he intend
sd TO argue in regard TO Boyd's alleged ,,
ieath, he believed that there would have
been witnesses enough to swear il. but
now il was unnecessary. He thought
4 the counsel for the defense had exer-
Used as much diligence in preparing to
ny the case as they had in obtaining a !
,Ontinuance, they would have spent
heir time to better advantage.
Judge Nelson considered the remarks
4 Colonel Baxter as an unfair assunp-
ION on his part, and briefly stated his !
eas0ns for asking the continuance. say
ng mat II time was granted to make 4.
he affidavit more full be could satisfy y
he court, he thought. He would con-
ult his client, and if he was governed
y his advice he would make a full
tatement Of his conduct, even il he had
n moment Of despair been guilty of
What had been charged.
TINE GRANTED. I
Judge Emmons stated that It must he
hOwn that due diligence had been used
y the defense in order to have their
present, and granted until ten F
clock this morning to prepare a full
tatement by affidavit. a
Judge Nelson then asked for a eopy Of =
be indictments against BOYD, and :
Oped that he would be allowed to have :,
n interview with the prisoner at one of A
he hotels IN the custody OF the marshal, n
] anywhere except at the Jail. He then q,
dered bail for the prisoner.
ms was objected TO by Colonel Bax- II
r, VINO SAID That somebody would per Il
ire themselves if it was offered. \
Judge Nelson Indignantly spurned the n
large Of Colonel Baxter, and after some Al
TtheT argument, which, however, ellie N
ed nothing new, court adjourned until a.
us morning at ten O'Clock. u
CONSULTATION WITH COUNSEL. m
Boyd remained at the Courthouse m r
after his counsel took their tea. his ii
En supper being sent 10 him from the ID
amar House, after which he had an
terview with his counsel at Colonel
ocke's office, at the conclusion Of 60
hieh he was remanded to jail by the n
arshals. -
The prisoners health is not robust, but N
does not seem TO be cast down BY the eT
I1ble array Of evidence he will have to r
counter, and preserves his well-knOwn er
ayity Of manner, bearing himself con- ar
ientiy, without the least assumption Of %
avadO. r.
om the Knoxville Chronicle, 23d.l bf
MORNING SESSION. sc
At the hour Of ten o'clock, Yesterday to
oining, a large crowd Of spectators uI
ere at the Federal Courtroom to wit 50
IS the presentation of an affidavit for pr
e continuance OF cases there pending Y,
aInst Thomas g. Boyd, whose name GS
8 inquired in such an unenviable man. tn
i IN the public mind for some time no
81. Alter the record Of the previous Co
Us proceedings WAS read by the clerk. GC
I. Aiken, Boyd made his appearance. Bi
? seemed TO be in good spirits, and cor thu
ally yshoOk hands with a number of ac- of
aintances whom he met as he made
way through the audience to the
rk's desk, where he made affidavit for
ltinuaEce of the case.
Judge Nelson then proceeded to read
} affidavit, which isyery lengthy. and Z
eyes, among other things, the ab- IN
ice Of material witnesses and what Z
expects to prove by them. He was vel
ng pursued by Government officials n
10 were eagerly prosecuting him, and pe
u IN an evil hour, in a moment Of de -
isslOni without consulting his coun-
, ne determined to make his escape. -
DETAILS the circumstances of his ar o.e
ana voluntary" return TO Tennes- ine
; with which facts our readers are 4
niliar. He makes complaint of GER der
n newspaper articles In the Knox the
le pres, by which public opinion was pla
JUDGED against him, and speaks of rea
loathsOme cells Of the Knoxville A
+. He alleges a dangerous combine bar
a TO effect his conviction, by intilui- bea
ION q WITNESSES etc. gra
udse Nelson proceeded TO argue the dol