Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-01-29


ten strong appeal to Boyd, telling him {,
expedite matters, and they the claimants
would mold him blamelese, if any irrepu
larities should ever be developed, &c.
witness never had q conversation will
Tease or Carson at Madisonvile in regarc
10 an alhdaVlt eXonorating Boyd from
completely in the Bryson fraud the las
OF December, 1871, or the lst of January
tSl2. lie was sick at the time. He wa,
asked by Mr.. Cooke if he (Payne) had
not attrrcted the attention of Mr.. petttt
ut the latter's office, in order to afford a
confederate an opportunity to abstract
the clerk rough" which contained the
appointment of Thos. G.. Boyd as guar
dian of the minor children of Samuel
Elliott, deceased?
The court notified the counsel for the
defense that the customary ruling would
he enforced II the question was persisted
IN, as II was not according to usage to use
as corollary evidence any matter foreign
10 that under investigation, and that it
would depend entirely upon the answer of
the witnsss whether his testimony was
impeached or not.
The question was then withdrawn, when
Judge Nelson asked that time might be
allowed counsel to consult with the pris-
oner after court adjourned and before the
session this morning, which was granted
by Judge Emmons. Court then adjourned
until this morning at ten O'Clock.
SMITH DAYS PROCEEDINGS.
The case of the Government against
Hhos. G. Boyd was res umed. Gilbert E.
N. Falls. one of the witnesses for the pros
ecution was
CROSS EXAMINED
by defense's counsel. Witness was con-
nected with BrysoH's company, though
not formally mustered into service. Had
after the war ended assisted in making out
the rolls. in order TO obtain bounty
pay, DC.
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.
The cross examination of Falls was then
taken up. Had requested Boyd to present |
claim for him, but he had declined, as
witness name was notion Bryson's muster |
roll, but promised that it should be put OH |
a supplemental roll and forwarded. Wit |
ness had written to the Auditor Mt Wash |
ingtOn if 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.
witnessed by Payne and Morrow, (the |
same that Payne didn't remember on the
day previous). The instrument was partly
filed 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 identify
ing hand writing.
Falls was one OF the original eighty>
three in BrysUn's company; Joined the |
command in the woods W bile refugeeing to |
Kentucky. Had himself made out claims
for several members of the company, some
of Htrh ialN tod l n,,lI
others by different parties
Difference between Judge llmmons and
counsel for defense as to admissiblity of
evidence rs irrelevant.
Witness had no recollection of making
contract with Payne for prosecuting claims
in partnership. Being shown document
purporting to emanate from Crawford.
Pruhitt and others, transferring their
claims TO Morrow and Payne witness
acknowledged writing a portion of the
document.
recall Payne and Falls to interrogate them
"a 10 documents personally shown.
The examination of witnesses for the
Government was here concluded.
EVIDENCE FOR THE DEFENSE.
Alexander Inman coored) was exam
ined for the defense. Witness resides in |
Monroe county. He is sometimes called |
Alex. Inman and sometimes Alex. Dyer. |
Knew Martha ]. Upton for fifteen years |
and Prince Wallace for same time. Was |
in the Office of Messrs. Peddrick and |
Minkler, commissioners in Madisonville, |
to witness Martha j. Upton's affidavit as |
% her and Frank Upton being man and |
wife. Witness heard Martha, in answer |
20 question, say she had six children. |
Counsel read affidavit in question, claim |
ing to he the widow Of Frank Upton |
and having six children. Witness testified |
20 seeing Martha sign the affidavit by |
making her mark. Is a minister of the |
gospel. Knows a man named Parson |
McGhee; saw him several times; heard |
him preach in Ohio at 0nCztimc, but has |
not seen him for four years. Knows Alex |
McCroskey, colored, who is about 81 years |
old. He lives north If Madisonville, on !
McCroskey,s place. He is Baptist !
preacher. Knew Ben. May, cOlorCd, who !
lived at SwCetwater Prosecution on
former trial claimed that McCrOskey, !
May and McGhee were fictitious names.
Witness testified that there was a Sarah !
Jane Upton, slave Of William b.
Upton.
CROSS-ENAMISATIDS
Did not swear as to the number OF Mar
tina ]. 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 swoTe to, but
didn't know it of his own knowledge, |
but took her word for IT,, believ-
ing she was an honest woman. Had been |
ahsant and didn't knnU hoyy MANY chill |