Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-10-29

( ! complained at not being allowed 10 go an
get my oveTcoat, as l NEEDED 1t badly; tn
room IN the third Story OF No. Howard row
/ where was confined, had a carpet on tn
noor, several chairs, lounge ana bed, an
the usual furniture OF q bachelors room,
had something TO eat while in the. room VI
lie refused for fear I would com
Inunicste with some person on the street
. therefuNe sent and nTdsfed MY Inner 81 thu
European restaurant, where l board, AMI they
sent me regular dinner; J. j. Smiths por
Ter brought It into thu
room TO me: this was between
! taxing dinner was one O'Clock was tod thai
! LEX udeT Smith had been looking all rounC
! for me with a carriage on Sunday morning
! his trunk WIS on the top of the ca rlaGe; NJ
| +. Ball told me this; Was confined IN tht
! room mp stairs, over the pla"e where iran
/ than 4 Smith did ness No, y Howard
. row the store is vacant, and the business is
I barTie'l on at No. :; | was taken ST into the
OIL c Of j. J. Smitu d 60 know II mad been
! formerly their office; don't know whether
| }. Smith Il co. and IEantham smith are the
| same; I suppose l wac then taken up TO j. j
! Sm'th's fOOin; l suppose 1t was his room, al
] though neN er was there before; was IN inc
office ten or fiftsen minutes before was taken
| up stairs 10 the room, and shaw came in about
/ half sn hour after was arrested: it was about
| one o'clock, but couldn't take my Watch out
| o. was b8udcUfled at the time; did not see
him prior 10 that time Il uad not arranged that
| day 10 so of on the Mary Bell; when FIRST
| saw her She was at the dock OF the Memphis
! and Little Rock railroad at Hopefeld; she
! came over hat or three-quarters Of an hout
! after ! was arrested / saw her Tome IL from
! the window; Shaw did not draw pistol on
| me, nor diu tie claim to nave any charge of
! me; shaw sad Good morning" when he
| came iu; I said Good evening" ne did not
shake bands with me 0ecau was hand
! cutfedi | don't remmember who was there
| when he came there; they were always step
| ping Ogt and in; / mean all Of them, Shaw
] and the 0flerr. Tr3ntnam cal nv yil Z r,
only ate small piece Of apple-ple and drank
q little milk; he drank the sorp aud ate up
quarters at TTantham Il Smiths, and l know
he works for them; shaw and j. Smith iol-
lowed Alexander Smith ana myself to Bart
| leltin another buggy that night don I know
Low far they wer- behind US, as did not hear
the noise of their wheels; Alexander Smith
tried to put me into the buggy by himself
Will l was haGdtudrj, out ! fell
Over on the wheel, and either J. J.
Smith or Shelby assisted him; II was very
uark, and the alley was in the rear OF How
srd's row, with Il three-stOry bU@ing on one
side; shelby was there when l was put into
the buggy, and also j. J. Smith and shaw;
went down stairs with the two Smiths and
Shelby, and they led me out at tAe rear of tue
building; we went about Bartlett all together,
4. NJ. Smith, J. J. Smith, Shaw and myself,
half an hour before we got into house; we
could not get into the hotel; a woman about
forty years of age let us into her house; she
had boy about ten years Old; she offered us
Two rooms, hut shaw ana III. Smith said
-
one; she demanded her charges, which was
Seventy-five cents apiece, and she was paid
that amount; she had to have it; Shaw and
J. j. Smith walked around the house all
night, and at half-psSt three or quarter to
four o'clock in the morning A. NJ. Smith
woke me up; got up, and saw Shaw and j. J.
Smith in the yard; we had lunch the night
before about eleven O'Clock, and went to bed
about twelve; Shaw and j. J. Smith walked
before Alexander smith and myself down to
the Bartlett platform OF the depot; ;
they were about ten yards in front
and twenty to our left as we were walking:
A. N. Smith took me by the arm and help,
me on the train rs it came along: Shaw and
j. J. Smith shook hands with a. M. Smith be
fore we went on the train; J. J. Smith tried TO
shake hands with me, but turned my back;
on the day was handcuffed and shackled by
Alexander Smith, Shelby, when he came in,
told Smith 10 take the shackles off my legt
and he did so; going out TO Bartlett he took off
the handouts; J. J. Smith rushed into the
room when l hsllooed to my friends Palmer
and the others, and threatened to blow my
brains out If hallOOed out at the window;
he cried out, Fair play; fair play is fair
play" be meant that / had promised
that would not try to communicate with
any one outside-that wOuid not send for my
attorney; Alexander Smith had previously
called him out OF the room and given him
the pistol he pulled on me; the black boy
had not then come back with answers to my
requests to Patterson Il Lowe and DIR. Burle-
son; when followed ont at the window, ]. J.
smith ana shaw were about NIFTY feet from
the room; the other portion OF the entire floor
was vacant; L knew by Shaw's actions he did
not intend TO delive- any messages for me:
Alexander Smith drove at a gail9p and fast
tTOt 10 Bartlett, stopping tOT nothing but to
pay the toll, twenty-five cents; the sigma
ture TO the affidavit produced is my
signature. (rhe affidavit is TO the effect that
the requiSition end warrant had been procured
by false aud fraudulent repTeseutationsl l
know no hing OF the facts or circumstances
regarding the procuring OF the reQulSiilOn OF
Governor Allen, OF Ohio, nor OF Ihe warrant
from Governor Porter, OF Tennessee; the rea.
son said the representations were fraudu-
Liant NUag I Fn nj IN pad NV
goods on false pretences, or had done any
thing that could cause any one 10 get a war
rant for me.
The Court.-Wc have nothing to do with
these warrants IN this case.
Counsel for DefeDse.-Withdraw the queS-
ton about the warrants.
Re Cross Era7aiaatioa.-To Colonel Pate .
son: In going to Bartlett IN the buggy we
went up Union to Secon', along Second to
Auction, and thence out the Raleigh road
Z. p. DIGG5
proved that J. J Smith hired a buggy from
him on sunday nightla last.
JOHN GAZZOLO
testified that he saw George Anthony, John
Sturla and Charles Palmer walking on the
bluff on Sunday, the twenty fourth OF the
prFseDt month witnCsS does business at No.
10 HoTa!d's row; he saw and heard Joseph M.
Taylor calling out at the third-stOry window
on Sunday afternoon at No 5 Howard's row
ter?" and went into the house; Captain Braun,
of the police force, and yourself Colonel Pat
Ierst n CHINE III the evening ana ASKED some
questions about what saw, and l told them
what l saw about three O'Clock in the alter
noon; Captain Braun and Colonel Patterson
came about half-pest Six o'clock il the even
ing.
CIosS- Eramined.-I did not know what
Tighe wanted when he called out-at the win
WILLIAM r. HENDRICKS
was next called, and said l was present in con-
veTsatton with some other parties, about dark
on sunday, the .twenty-fourth instant; Colo
mel Patterson came across the street, Towards
row, where we we're standing, ana asked me
If l knew anything about Tighe being in
trouble; said had sroken to Tighe between
three and four O'Clock that afternoon, about
the time the Mary Bell came in: Patterson
told me that Tighe had been arrested and was
in Smith 3 room; while we were telkine. a. NJ.
Smith came along. l said to Colonel Patter-
son, " That rs smith, will Introduce you to
him. and introduced them; Colonel Patter-
son told Smith that he was Tighes attorney;
Smith replied that II Tighe was arrested, he
(Smith) knew nothing about it, as Tighe had
gone out to DR.. Burleson's; Mrs. Burleson at
this time came along, and said that he was
not at her house, but was in
Smiths room; said, "Th's is
Smith; - she then asked me to go to Tighes
tried the office and the room doors, but could
net find him; Mrs. BurlesOn said, The is in
Smiths rOOm;" Smith said he had no key to
the Off CO. and then went away; Mrs. Bure-
son was much excited; she got Colonel Pat
teTSon by the arm ana ASKED him TO protect
her from drunken man who had come up;
sdlu 10 the drunken nat is MIS-. DuTle-
son; she is a lady; why do you act SOP" he
knew my name ana addressed me by 1t; he
said he also knew Mrs. BurleSOn ; 1 heard dur
ing the evening that the mans name was
Shaw; L think the prisoner Shaw is the man,
but 1t was getting Ozark when / saw him;
did not see olonel Patterson and Mrs. BuTle-
son leave Towards row; when came down
from NV room again, Mr.. Lulleman, OF Lulle-
man x Vienna was there, and J. j. Smith
came along; said o smith, 81 ighe is in a bad
fix; he is in your Office"
-EIdnliaed-By Mr.. Edgington: 1t was
about dark when Colonel Patterson and Mrs.
BUrleSOn came up; Mrs. BurieSon was ac-
compaDled by man on crutcheS, ana follow
ed by drunken man; she asked Colonel Pat
terSnn to protect her; said to the man, "a \ GU
ought TO have more respect for that lady; that
is Mrs. Burleson;' he said, al know her and
go along about your own business" | thought
ne was intoxicated, and said no more 10 him:
he staggered about a good deal, and seemed TO
have drank good deal OF drink or something
OF that kind saw Mrs BurlesOn in front OF
the Peabody in the afternoon; Mr.. Shanks
Patterson's Office was, and Colonel Patterson
told me he had sent her down before him. |
had seen Shaw before that night and knew
he was connected with some business house
about there where we were; | don't sWesr
positively that the prisoner as that man TO
whom have reference
CHARLES W.PALMgR
was the next witness He said: Last Sunday.
about half-paSt two or three O'Clock, ] was On
the bluff, opposite HoWard's row in 1 omnanv
with John Sturla and George Anthony.
q OSS-ETdmtned.-That was before the Mary
Bell came in; IL was then about three O'c och
had an engagement 70 meet Tighe at two
o'clock, but hurt my foot, and il was half
past two before got 10 his room: his room X
qnpnf one hundred vpr,fC from No =