Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-10-31

z. OCTOBER {
as much leniency as poSsibl that is my in
variable custom; II q prisoner Is arrested IL
the regular way don't care who talks 70 him
once ne is safe in the ststionhousei ! always
allow them TO see counsel; once refused, be-
cause the case was an extraordinary one, and
we were engaged in working II up; re-
garded the man l arrested in Little Rock As
dangerous man, but l did not iron him
there were two men Of Us, and he sat between
US: in a case like the one before the court
would have tax en- the prisoner TO the station
house, and locked him up there, If had been
called on 10 assist the agent from Ohio IN
making the arrest. This is the custom in
Memphis. II / made the arrest on the sab
hath day, would do as have said. / do not
consider IL necessary TO hRncun and shackle
every prisoner, and don't think II might
officer has always 10 be guided by circum-
stances. Colonel Patterson went down with
Captain Braun to Howard Row, TO make the
search, and heard what l said TO that officer.
Re-cross examination When go TO
another state 10 arrest prisoner on arequihi-
ton, generally do the best can TO keep out
of the way OF the lawyers. When an agent
arrests a prisoner he has the power TO keep
him secure and put him in the county jail or
other prison. II is frequent practice to carry
away a prisoner by night.
W.R. HENDRIX (re-calledl.
At the time the drunken man first came along
Towards row, last Sunday evening, 1t was
twilight; had Lit the night IN the store the
man sat down ON Eckers or I1She's doorstep;
l did not see A. NJ. Smith in conversation
with the drunken man; he came between us
while we were standing on the sidewalk, be-
tween Smith and Mrs. Burleson, and swore an
oath, and Mrs. Burleson caught hold OF Colo
mel Patterson and called on him to protect
her; l afterward walked up to my room, and
when came down saw J.. }. Smith and
Mr. LuIlInen: l don't know who the crippled
man was; l wentup to Tlghes room with
Colonel Patterson, but did not IND MIN; MIS-.
Burleson insisted that Tighe was up stairs In
J. J. Smiths room; y. VI. Smith said no one
was up stairs; Mrs. BurlesOn wanted 10 90 up,
as she said, to satisfy wOmans curiosity;
left her standing on the sidewalk When
went off to my own room; the drunken man
had on light clothes; they were not black
clothes; think they were Il Inter than SHAW
has on now; / knew shows facs and had seen
him with sample boxes on the street; ! dld
not know his name; cannot swear TO shaw
or his clothes; did not know he was with Tue
firm of Trantnam & Smith; have seen him
often with j. J. Smith; did not say knew
the man: | did not recognise the drunken
man as the man l had seen with J. }.
Gross Examined.-I don't say positively that
Shaw is the man; he was man about the
w. H. BROTHERS
Examined Il am in the composition-roofng
business. I live in the city of Memphis; Shaw
is a partner OF mine, at present; l nTst met
him on Sunday, on board the Mary Bell, about
half-past four o'clock; had cOmmuntca-
ton from him from Cairo; got Information
from the engineer of the Mary Bell that Shaw
was on board; 1 went out and met him. he had
on the same clothes that he now wears; have
known him q long time; his conduct Is gener-
ally good; don't think he would get drunk
and insult q lady l met him at half-paSt four
or five o'clack; he was not out OF my sight
more than fifteen minutes till dark. saw
him last after they lit the lamps on the Mary
Bell; in the last conversation mad with MIN,
he said he would come out and spend the
night with me at No. 229 fernando street.
Gross Examined-He did not come out and
nit -, una LOT
Bell fifteen or twenty minutes before that.
Mr.. Edgington-This closes the case for the
defense -.
and will call him TO make a statement, as
neither counsel seem inclined 10 call him.
MATT SHELBY
sworn and said Mr.. Trantham came to my
house on Sunday last, and said A NJ smith
wanted to see me on very important business
| asked him IL there was any trouble between
Jim and Aleck, and he said no; thought 1t
was some difficulty; l then asked him II II
vas 10 serve attachments as had done that
kind of business for them before; ne sald IL
was nothing of the kind, but 1t was something
worse, but he did not tell me what II was /;
when we came to the corner of Main and
Union streets, we went up Union street; We
met Aleck smith, and l said, W mats the
matter?" he said, d" want you to assist me TO
make an arrest" l said l would do so If 1t
was legal; he showed NE the papers, and l
read the warrant from the governor OF Iennes-
see; he also showed me the requlsluon; l went
upStairs and read the TequisitiOn, and saw 1t
was from Governor Allen OF Ohio; Smith
wanted my assistance, and wanted me 70
make the arrest; he never told me he mad
bpen to the sheriff anybody else, or l
would not have acted; they had a hack
standing there, but had not found Ilghe, ana
We went down to John Sturla's and took a
drink: when we came back we met Ilghe,
think, between Hendrix and M'Nabb's stores;
Alexander Smith linked Tighe by the arm,
telling him to come down 10 No. s; l went
| down with them, and they went up stairs (;
| J. J. Smith took some handouts ana shackies
out -ot white paper ana asked me carry
the officer to make the arrest so l told him
| to carry them up himself, and he did so; as
/ soon as they came up A. NJ. smith said TO
| TigTe UYO1 are my prisoner" l read u Q
| warrant to Tighe, and A. NJ. NTH hand
cuffed and shackled him while was read
| ing: he put the ShackleS on one leg; that Is
! the whole proceedings up to that time; l told
smith to take off the shackle, and he did so,
and the handcutf OFF one hand, leaving IL
hanging down; Tighe was anxious TO see his
attorneys, ana asked me to see Tranlham and
Nelson, and tell them; stay ed there Till
about three o'clock, and told smith ana IlgEe
| | was going to dinner; had done my duty as
an officer in assisting to arrest Tlghe but did
not wish to see him taken away without some
| OF his friends knowing about IT, and thought
| IL my duty, therefore, 10 go ana tel Ihen; l
hitched up my buggy and went out and told
her: when came back A. NJ. Smith said his
plans had been all frustrated and he would
hot wait till no four o'clock train. l did not
swear Mrs. BurleSon, but told her to kee q
very secret about it. / did not think 1t right
llGle
| friends knowing 1t. A. NJ. Smith was the
agent, and l thought the one to make the ar
rest. l suppose when he made the arTes st
A. NJ. Smith said: "You ale my prisoner"
/ think 1 read the note 1 took out
to DR.. BurlesOn and gave to Mrs.
| BurlesOn. 1t was not sealed. 1t said,
az think am arrested by A. NJ. Smith by war;
rant and about to be kidnapped. Please see
Colonel Patterson, my attorney" 1t was
signed ~. NJ. TIghe;" after l delivered the
letter 1 came back to Towards row, where
saw j. J. smith; 4. NJ. Smith came in ten
minutes afterward; he was excited and his
plans had been frustrated; he then brought
| Tighe down stairs; went on one side with
Tighe at his request; Shaw and j. j. Smith
were there; 1 learned that Mrs. BurleSon and
Colonel Patterson had been there, but they
were gone when We came down stairs; l
helped A. NJ. Smith to put Tighe into the
| buggy, which was standing IN the alley shaw
and j. j. Smith were there together; Shaw
did nothing, but seemed to be an active
| friend OF Smith; Smith was directed in Gov.
| ernor Porters warrant to make the arrest.
To Colonel PattersOn-I pledged Mrs. Burle-
| son to secresy, as had given my word not to
communicate with any one to Smith; A. M.
smith said he did not want to be stopped by
writ of hsbeaS corpus and that he was backed
by two million dollars to take I1ghe TO Gin
cinnati to make an example OF him. Tlghe
made no resistance, but he asked smith not 10
shackle him, but to turn him over to me and
he would go anywhere with me; Smith would
not do II; did not see pistol pulled. Ttghe
went up stairs to J. J. Smiths room, because
he (Smith) said it would be more comfortable
| there; think A. NJ. Smith had a short con-
versation with ]. ]. Smith before we went up
| stairs; the doors were shut and locked
after we went in-I mean the outside
! door of the store; Smith told
| me he did not want to cali on the sheriff
| assist him, as he had no confidence III MIN or
| had more confidence in me, and had selected
me out of his friends; he said the sheriff
| might communicate with some OF I1ghes
| sttOTneys; l have been an officer twelve years
| and have known Tigle eight or nine years;
he is q Guiet, poaceaDle 1nOnenSlVe man, IN
| fact all parties connected are such; 1 have ar
/ 81 ann
Ger must use his own discretion; have never
| known a case of this kind before of man
| being taken to a private room ard confined; ;
| Tighe was terrible scared when helped HIM
| into the buggy; he was alarmed, Dut APP
| peared to stand it pretty well; would not
| like to be dragged off in that way; Shaw came
| up after came back in the evening; j. j.
Smith and he went to the rear of the store in
| the afternoon, to the top of the stairs; il is
sixty feet long; was then IN the room WIN
| went off UOgether; Smith came back first and
Shaw came back about the time Ilghe was
| taken away A, NJ. Smith said he expected
| had betrayed him when he ca n up stairs at
| ter dark; he said, "Our plans are iruStrat d, l
| will find out who has delivered this message"
| as he had got a detective OF the southern eX-
| press to nd out. He said to me, "Matt, they
| are accusing you" l said, "Al6cg, don't see
| how they can do that" shaw came up aad
| said the buggies were there, and we went
| down together; a. Nj. smith got in with Tighe
| and they drove off; Colonel Boyle Mr.. Low
| and others came down in search OF TlgGe M
4
The court adjourned till ten O'Clock yester-
day morning.
| Yesterday,
| The court resumed the examination shortly
| after ten o'clock esterday morning.
MATT SHELBY
was again placed on the stand and cross
| examined by MI. EdglngtOu. He said: When
| | said last night that Shaw came up and a.
| nOunced about the buggieS, 1 was not then
positive it was him; l am OF opinion IT was
| J. j. Smith who did so, anu that Shaw was
| present at the time; l don't know whether
| they came ir together or separately; shaw, l
| think, came There about dark or after; IL may
have been a little before seven O'Clock; only
saw one buggy when we went downstairs
with Tighe am not positive that Trantham
was present; Tighe was driven of by \. NJ.
Smith; l was in company with j. j. Smith
and Shaw for fifteen minutes afJerward, and
walked down Union street and eft them on
the corner; l wanted 70 know where A. NJ.
Smith had gone, and j. j, smith said he did
not know; l did not hear 4. NJ.
Smith tell J. J. Smith to come and