Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-11-10
HABEAs CORPUS.
Applications in Four Cases Argued
Yesterday.

IGaIIouay's Petition Dismissed-An Al
legged DeKaIb County Murderer Re-
Ieased-HOw a Wiley Convict was
Bamed-James Bush Gains His
Point.
Upon the opening of the United States
Circuit Court yesterday morning, Judge
Trigg announced his decision in two habe Sd
corpus cases, which were argued last week,
and excited considerable interest.
The petition of David Galloway, col
ored, praying to be released from the city
work-house, where he is working out fine
Of $50, imposed by the Recorder, for cohab-
iting with Melinda Vine, white woman,
was dismissed and the prisoner renanded
to the work-house. The court did not de-
liver formal opinion in this case, as was
anticipated, inquiring into the constitution
atty of our State laws regulating marriage,
but held that this question proper did not
regularly arise in the case under considera-
ton. The prisoner was in custody to work
out fine for the offense of cOhabitatiOn,
and the court had no jurisdiction
of that offense per sc. Ii the question of
the right of the races TO inter
marry, regardless of the State laws, was
involved, il was in so irregular and remote
a manner that the court did not feel dis
posed to interfere; especially as there were
regular modes TO bring the question to the
test and before the higher courts of the
State or the Supreme Court of the United
States. Judge Trigg incidentally remarked,
however, that he considered it pretty we'll
settled that the whole matter of regulating
the institution of marriage belonged exclu-
HWwaNww to- Naa fnH
A WARTIME HOMICIDE.
McAdoo Yenatta, a resident of DeKalb
county, indicted and held TO answer before
the Circuit Court for that county, now in
session, for a murder committed during the
war, was taken before Judge Trigg on a
writ af hGbeGs corpus and released. The
prosecution introduced large number of
witnesses to prove the prisoner guilty Of
the charge, and the evidence was to this
effect: On the 18th of January, 1864,
Venatta, who was then a soldier in the
Federal army, killed in DeKslb county a
brOther-in-law of his, named Simson Adj
amson, in the Confederate army, and with
whom he was at bitter feud. Venatta es-
capped punishment, and, although he has
lived in DeKalb county ever since the war,
was not indicted till about eight months
ago.
Judge Trigg, before pronouncing judg
ment upon the application of the defen-
dant, stated that it was unnecessary to
give full opinion, as he had already de-
cided several similar cases. The act of
Congress passed IN 1906, provided that a
soldier of the United States army, commit
ting felony in any State should be turned
over to the authorities of that State for
=. II. VI -
lutely and entirely repealed by law enact
ed in 1868, comforting the jurisdiction o {
all such offenses exclusively upon courts
martial. The defendant was, therefore,
relieved from amenability to the jurisdic-
ton of all other than military court.
TRICK OF A COLORED CONVICT.
At the September term, 1870, of the
Criminal Court of Davidson, a negro
named Ben Fletcher was convicted of lar
ceny and sentenced to the penitentiaTy for
three years. He was placed in confine-
ment, but at some subsequent period made
his escape. He was reaTeSted short time,
ago and replaced in the State prison
though insisting that he was not the man
that his name was Charles Haywood.
He was taken before Judge Frazier, yes
terday, and the court was engaged nearly
the whole day on his case. A large num-
Der of witnesses were examined as to the
prisoners identity, and, the evidence pre-
ponderating against him, the court dis
missed the petition, and ordered the pris-
oner to be remanded to the penitentiary.
He was attired in his convict suit.
AND STILL ANOTHER.
Yesterday was day of habeas corpus
cases. as there was a fourth argued before
Judge Guild, the writ being issued in favor
Of James Bush, indicted for the murder of
old Dick Mckinney, colored, in Putnam
county, the defendant being released on
$4,000 bonds.