Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-06-20
MEL zAcHERY.
His Case Given 10 the Jury Yesterday
Our Tennessee Jack sheplferd
Makes d speech ih His Own Bes


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Makes d speech ih His Own Be
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The case OF Mel Zachary, charged with
stealing horse from Joseph X. Dillin on
the night of Oct. Is, 1871, attracted con-
siderable attention in the Criminal Court
yesterday. The, City Marshal of Hunts
Vile, Ala, Mr.: Franks, testified that Geo.
w. Zachery, Mel's brother, sold a horse
(Which he claimed he had owned two years)
at auction in Huntsville, six weeks after
the offense, which proved to be Mr.. Dillin's
horse, Mel being with him at the time.
Fanny Gray testified that Mel zachery
staid all night at her house on the night
the stealing was effected, aud that he was
in Nashville for several weeks Immediately
thereafter.
Zachery was defended by Judge NJ. NJ.
Brien, who, at the close of the testimony,
insisted Upon his client being allowed to
make statement with regard to the case,
which request was finally granted. In
making his statement, zachery said:
"Dillon left his boss on the 18th of DC
tober and the next morning that boss was
gone. 1t was six weeks before he heard or
seen anything of that boss. L ask you,
huClC IL li4C lldl " III SAYS Mcl
zachers had that boss? Who saw him
take that hoss? You don't find single
witnesSwho saw Mel Zachery with that
boss in this county. Pickett testified that
he found this boss in a livery stable at
Huntsville, Ala and found Mel Zachery in
the county Jail. l will read a little from
the 22d chapter Of Matthew"
Judge Frazier-"That is not law
Zachery-"It's divine law, (reading)
Then one of them, which was a lawyer,
asked him a question, tempting him and
saying:
Master, which is the great command
ment in the law?
Jesus said unto him, Thou shalt love the
Lord thy God with all thy heart, and with
all thy soul, and with all thy mind
"The Attorney General has not In the
trial of this case loved his neighbor as him.
self, bat has done all he could against me.
He will claim that he has made ME out
guilty in the first count Of the indictment;
| say l am not guilty, because the proof
has failed to establish my connection with
this boss. l demand my acquittal, gentle
men, because It is your oath to try this
case by the testimony. The Attorney Gen.
eral will talk to you, and he will try to in
fiuence you against me. / have seen
juries that would give way to the arguments
of the prosecuting counsel, when he came
to close case, but when look upon this
jury, know l am looking upon twelve
honest men, who will 60 by the tes-
tmony.
"They have failed in the second count,
which charges me with receiving that boss,
knowing it to be stolen; deny all con-
nection with that boss. The Attorney
General must show that that hoss was
received in this county and this he has not
done.
Gentlemen, the proof don't sustain the
charge against me. If it did; you ought to
convict me, and the man who stole that
boss ought TO be hung"
At the close of Zachery's remarks, Judge
Brien addressed the jury, and was followed
by Attorney General Caldwell, in a brief
speech. The case was then given to the
jury, who had not reached yeriict at the
time the court adjourned.