Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-10-31
MENKEN BROS, POI d 263 MAR
THE SMITHS SHANE.
Continuation of the Examination OF
Witnesses in the Kidnapping Case
of Tighe versus the Two
Smiths.
The Facts as Developed on the First Day
Fully Verified-A Glaring Case Of
Outrage to be Severely
Punished.
THE SMITHS SHANE.

The examination of James J. Smith
and j. NJ. Shaw, charged with kidnapping 30.
seph NJ. Tighe and committing an S>aulJ on
him with a pistol, was resumed on Friday, as
stated in yesterdays APPEAL, before JusIlce
p. NJ. Winters, in the second circuit court
room Colonel J, Patterson appeared for the
prosecution, and Messrs. Il. 3. EdgingtOn ana
T. &. Logwood for the defense.
JOHN TRANTHAM,
formerly one of the accused, but who was re-
leased, was the first witness called Tor the de
tense He testified as follows: MY occupa-
ton is that of selling cotton, and make my
headquarters at NO. How ara no "}ioc Ci t
get some medicine, and then went 10 Inc o.
ice of j. j. Smith d Co., No. Howard Row,
about that time; | went and sat down In me
asked me to go and find Officer Matt SheIDy,
as A. NJ. Smith wanted him; went ana
found Shelby and he came with me; he asked
if there was any trouble between J. j. Smith
and A. NJ. smith and said no; he then asked
If he was wanted to serve some attach-
ments, and said it was something ABOUT
an arrest, but had nothing to do with the
matter and 1 did not tell him any more;
when we got to Howard row, saw A M
Smith walking with Joseph NJ. Tighe, linked
by the arm; they went into NO. 3; l mixed
myself little toddy, drank 1t, and followed
them up stairs, and took a seat behind smell
by, who was reading some papers 10 Ilgne;
Smith was putting the handcutts on Ilghe at
this time; Tighe said if Ii was ell right ne was
not going to resist, but Smith put the shaCkles
on one OF his feet; Shelby was there turning
him over to Smith; Tighe wanted to see his
attorneys; 1 took no part In the matter; j. =.
Smith said il would be more comfortable up
in his room in the third story, and they went
up stairs, but 1 don't remember whether
went up there or not at that Tune; ABOUT Two
o'clock ! was up there with j. }. SnlJl anu
Shelby, and tEeu Shelby and l went down
home; did not eat any dinner when went
Eome as 1 was sick; between three and four
O'Clock l went up to the room where T1ghe
was: his dinner was brought in, but he did not
feel like eating it, and | took ms ooWI
of soup and drank it; told MN want ISH1 10
and Shelby were Doth there; was not In
charge of Tighe; the affair was nothing 10
me- as l wanted to have nothing to do Win
IL: thew all went out, leaving me there; Tighe
lifted the window and hallooed TO some per
sons outside, and j. ]. Smith came running In
or something of that kind, and pulled down
the window and drew the curtains; dld not
see him draw pistol or make any thIeats
Tighe said something about pistol ana
saw pistol in J. J. Smiths hand as he was
putting 1t in his pocket; if any threats were
made did not hear them; T1ghe SAID ne
| wanted to write note to DIR. Burleson, as he
| wanted him to know what was going on ana
| | gave him my word OF honor that would
| take II to him, or have 1t sent TO MIN; Walkea
down to the store and gave me note 10 Ine
| cOlored porter, Nelson, and the two car-llck-
| cts got from Mr.. Tighe, and told him to take
the notei he brought the note PACK 10 10
me, aud | thought l would deliver IL
myself the next morning; l heard tne next
| morning that Tighe had been brought back TO
| a
hdbedS corpus; gave the note back to llghe
| " hen Shelby got through reading the pa pers
| to Tighe; don't know what he said; these
| look like the papers (the requlSluon anu war
| rant but you will have 10 read them to me as
| | can't read; Shelby o. ly said he was an ON
| Ger and was sworn to do his duty, which was
| { arrest Tighe; L saw no pistols drawn IN the
oficej-I went in a few minutes after the
| otherS-just long enough for maA TO make a
| little toddy and drink iii you know ABOUT
| how long that would be- IlShe mace no o.
| iections to go up to J. j. smiths rOOmi he
| then had the handouts on when went up
| the shackles were of bis feet; j. j. smith
| told me he picked up the pistol on the desk IN
| the office, where A. NJ Smith had left 1t: ne
| did not say ne was going to put 1t lnJo A M
Smiths baggage; y MI D. bo,iooed Sln nnt
! the window, Mr.. smith called out
| "The fair thing was the fair thing" or Fair
| play is fsir play" and jerked down the win ,
| dow; it looks like Il he had pulled pistol
| would have seen it. but did not see the pistol
| in Smiths hand till Tighe called my attention
| to it; Smith was then putting 1t in his pocket
| IL the threats had been made I shoulq nave
heard them /; l don't recollect what Tighe said
| about the pistol; what understood J j. smith
meant when he said, "a fair thing is a fair
| thing - that he (Tigbel had been LETT in his
charge and he did not want him to commu-
| nicate with any one outside while the others
were away; A. NJ. Smith was not there when
| went up to the room; think j. J. Smith,
| shelby and Shaw all went out of the room to-
| gether; the stairs from the room leads down to
| the store, and is inside the store; know that
Shaw never had any charge of Tighe, or any
| thing to do with the matter; had not seen
| him Tor six weeks before Sunday, he told me
| he came down on the Belle Lei mean the
new boat that came IN on sunday
| afternoon, the Mary Bell. He had on
| the same suit Of clothes last Sunday that he
has on now; he was sober when l last saw
| him, about sundown; l am not certain
whether he went down the street with me or
not; Shaw generally stayed at Smiths when
Cross-examined by Co'oneI Patterson-I
have resided in Memphis forty years, and
have been selling cotton since le6O; before that
was running wagons, and was chicken
peddler; was partner in the house OF Tran
than Il Smith about a year, but have no
connection with IT now; j j. Smith told me
that No. s was vacant, and could have II 10
store cotton in II l wished; after sold out 10
Smith l hired to him; l was present when
Smith put the handouts on Iighe; ii was
after SHELBY read the papers; 1 saw no occa-
sion for putting on the handcuES, as 1IShe
said he would not resist; he begged smith not
to do 1t, and said he was unaTmeu sa"
some persons on the street when l went
down town to dinner, but dld not commun"
icate the fact of iighes arrest 10 any OF thetn,
or TO ANYBODY, because l did not think II
was nv business to do so; Tighe asked me 10
90 TO Colonel Gantts residence and tell him;
Invent to the office, but he was not there ana
| did not go TO his residence went upstairs
when came back after dinner, and was there
about half Gn hour; just returned 10 nave
q social chat with Tlghe; drank bowl OF
soup with him [laughterI; did net tell him
l would deliver the message; told MIN dld
not want to get myself engaged in ii; LEFT the
what connection Shaw has with J. J. Smith;
don't know he is a drummer for the firm be
was at one time with Trantham & Smith; il.
Smith sent me for Shelby l don't know where
A. NJ. smiths baggage was on sunday; his
trunk was in the store bus know nothing OF
his vallse.
Smith Is uncle to J. J. Smith have known
Nj. Shaw since 1865; he is very quiet, peace
full man as far as know.
JAMES FINNIE
Z t,axya Iypovyr Sboxu he
two or three years, and since that time have
never known anything wrong of him. have
always regarded him as quiet, peaceable
young man; he was ia the photograph bust
ness, and rented a portion of our building
we OLIVER Il Finnte) sub-let to him,
JAMES WOODWORTH
testified that he was in the liquor business
and a member of the firm OF M'DOnald &
| J. NJ. Shaw for four or Ave years; he Travelled
| for our house eighteen months; he was sober,
quiet and peaceable so far as ever have seen 4;
| / never knew any ore TO speak bad of him /
| never saWhim drink a drop of liquor in my
| life as far as l know he Is gentleman; 1
| know hts handwriting; that is his handwrtt-
| ing on postal-card dated Cairo.
Colonel Patterson-We admit the postal
| card is in ShaW's handwriting.
p, r. ATHY,
chief of police Of the city of Memphis, testI-
| fied as 10 the custom which prevailed anon
| officers in regard TO the proper manner OF
| taking care OF prisoners arrested on a reQuI-
| Sition of a governor from another State. He
! said when an agent comes here from another
| state with a requisition and applies to me for
! assistance assist him to the best Of my abil-
| ity 10 arrest the prisoner he is in search OF,
and when he is taken into custody he is per
| sonaliV placed for safe keeping in the station
| bouse where he is allowed to zee or communt-
| cate with any one he may wish, said TO
| Contain Braun when 1 sent him down TO
Hnward Row last Sunday night that II the
agenf had a warrant not to- teTfere. also
| go nm IN he cautious how he acted in the
| Uoat.ar left a good deal 10 his own discre-
tinn: / think said If Smith had a warrant
not 10 interfere; have taken away prisoner
| nsy-sait NV night as quietly and secretly as
! nosssible: did II myself at Little Rock at one
| time to avoid hd6ecs corpus. did not
wish the lawyers to know was taking
I'm aWay in case of q writ being issued; the
man was a desperate, and had robbed my
safe; / did not handcuh him, as l had
another man with me at the time; il IL not
~ n treat prisoners harEhfy unlaSg