Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-18

wealth. you will allow him to proceed.
Stand up" said the Judge. "Now,
sir, tell what you know of the assault
and nothing else, and if you go on as
you have done, to say anything about
your wife or your Cousin Sally billiard,
| will send you to Jail for contempt of
the court. Begin, sir, and say nothing
OF what occurred before you reached
Capt. Rice's."
''Oh, yes" was the inevitable reply.
well, you see, as was telling an ye,
there was treat gin over to Capt.
Rice's, and Cousin Sally billiard was
at our house,
Sheriff" said the Judge, ''take that
witness to jail"
Here the Commonwealth Attorney
again interfered, and assured the court
that he expected toproye by that wit
ness most important fact In connec-
ton with the assault, and one of which
no other person who had been summon
ed knew anything; nothing less, in
short, than athreat by the accused that
he intended to beat the injured mans
brains out when they should meet at
Captain Rice treat. Il think, SIR"
continued the attorney, ''if you viii al
low the witness to proceed in his own
homely way, that he Will come to the
| point IN a short time
81 think it mighty strange" said the
witness, that you made me come here |
to tell you what know about thefght, |
and won't let me tell you, neither"
After further consultation between |
the court and the Commonwealth At |
torney, the former relaxed its ruling, |
and once more ordered the witness to |
go on, and to confne himself strictly |
to what occurred after he reached Capt. |
Rice's.
"Oh yes" replied the witness. "Well |
you see, (said he) as 1 was a telling an |
ye, and going through the thrice |
told tale" that his cousin Sally billiard |
was at his house; that she and his wife |
wanted to 60 to the treat; that his wife |
asked him to let "my man Nose" 90,
to help her over the log; that his cousin
Sally billiard offs with her shoes and |
stockings, ups with her petticoat and
waded across the creek, he proceeded |
with well you see we all got over
the creek and went straight along, that
is as straight as the path would take us,
and got there as nigh as l could Judge, |
about half-after one o'clock in the
afternoon; don't you think that was
about the time, Mr. Sturdivant? Which
L Judge it was about that time of daY.
or whereabouts; cause my old horse,
Ball, he won't move step to the pillow
arter he thinks twelve O'Clock has come;
and l had jest had time to take him to
water and feed him, and then to put on
my tother clothes, when we sot off to
Capt. Rice's; andI think it tux us nigh
about hour an a half or thereabouts,
arter old Ball stopped, to fly up, and
git thar. Well, you see, we had not
been thar hour or thereabouts, when
seed MIR. Brown go off, and he gifts
him rock and walks up to Mr.. Jones
and knocks him on the back of the
head. He hit him tOlable hard lick, for
the rock was toIdble heavy, and Mr..
Jones hollers out, He is killing me-
Which about this time the sheriff, who
happened to be thar a collecting the |
taxes, comes up and sayshe, Mr., Brown
what are you doing with that rock:
Come along with me, I'll take you to
the magistrate Well, with that, YOU
see, he takes him to Mr. Mallory. and
he says that it was a bad case of salt
and batter, and that Brown must go to
Jail and stay thar whole court"
Did you say that you saw Brown
strike Jones on the back part of his
head with a rock?" inquired the Attor- !
ney for the Commonwealth.
We'll, you see, did that, was the q
reply.
Did you ever hear Brown say that
he intended to beat Jones' brains out. ]
when they should meet at Capt. Rice's /
treat?'' |
Well, you see, did that thar too"
said the witness.
Where was Brown when he made 1
this threat, and when did he make ito
asked the attorney.
well, you see, it mought have been {
at old Mr.. Rice's; if it wasn't in his =
yard, 1t was there or Whereabouts, I'm
a thinking" +
when was it Brown made this
-hreat?'' 4
(which you see it mought have Il
been some time last spring; but then o
lgln it mOught not have been Ontwell s.
iOwards the fall of the year. 1 don't II
adzactly which, !" was the re- Q
ply. {
Here the Judge addressed the wit .,
less with, Are you certain that you /,
Jaw the prisoner strike Jones with a
'ock?" II
"Oh, yes" was the answer. Ct
well, sir, how heavy was the rock?' el
Which, it was about the size of a Of
'iece of chalk or thereabouts, was the Il
intelligent reply. Il
And of what size is that?n inquired n
he judge. y
"Well, you see," responded the wit T.
less, ut might abeen about the size of n
common marble or thersabouts." r
as that all you know about the mat V,
err" asked the Judge. is
ooh, nc" was the reply, (which I III
lever seed Brown strike marry mother 81
lex, though hearn a lawyer who was Of
t Mr.. Rice's, or thereabouts, when the &C
alt and batter tux place, that he rally i Pe
elieved Brown would have hit agin I In
rter the Sheriff tux holt of him, if he I l,a
ad not been in durus vile.' which l ~
moved he was no whar but in Mr.
ace yard, or thereabouts, all the 90
ime, and that's about all 1 knows Is
f it?'' RI
'Takethe fool out of the courthouse" tn
and the Judge to tee Sheriff; but, be- ar
ore the witness reached the door, his an
Honor, having some curiosity to know On
be name of so simple and incorrigible ~ ~
witness, said: Stop, sir, what is your trI,
ame?" NJ
my name is Tucker" replied the re- bu
ring man. oy
This being the name of the Judge, a CO
earty laugh at his honor's expense tn
7as Occasioned among the members of as
ne bar and the by-standers; and thus In
nds the only true account Of the tale bi
t my Cousin Sally Billiard" as told ~ ~
lore than sixty years ago by its veri- IN ~
the late Richard Claiborne, W,
Attorney-at-law, Dinwiddie county, 90
'irginia, who had happy talent of sp
everything which he re- tn
lted. co
There are few persons now living who sp
yer heard it from the Hpsof its author. We
have no doubt that my friend, the m;