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

The court resumed the examination shortly
after ten O'Clock esterday morning.
MA1vr SHELBY

MATT SHELBY
was again placed on the stand and cross
| examined by Nj. EdglngtOn. He said: When
| said last night that Shaw came up and a.
| nOunced about the buggieS, was not then
| positive it was him; | ana OF opinion il was
]. 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; it may
have been little before seven O'Clock; l only
saw one buggy when we went downstairs
with Tighe; am not positive that Irantham
was present; Tighe was driven of by \. NJ.
Smith; l was ia company with j. J. Smith
and Shaw for fifteen minutes aIterward, and
walked down Union street and eft them on
the corner; l wanted 70 know where A. NJ.
smith had gone ana 1i j. J., smlth sa4d ne di M
Smith tell J. J. Smith to come and
drive back the buggy; l think
he said to meet him at some place, but dOn't
know where; supposed 1t was on the road
they were to take-sOme station on some rail-
road, but on some different road from the one
he meant to take. 1 think j. j. Smith said
THE buggy" is ready when he came into the
room but cannot swear positive. When l
first saw the handouts they we've wrapped in
White piece OF paper a. NJ. smith gave
them to J. J. Smith. When l GOO into the Of
fee the handouts were not on Tighe. I told
Iigh6 was sorry to see mis- trouble but had
been called in 10 do my duty as an officer.
When went to Mrs. BurlesOn S asked if the
Doctor as in she said no. l ask ed where he
was, and she said in the country and could
not be home till night, and II she would not
do she insisted 1 should tell my business; and
l told her about Tighe, and gave her
the note; told her rs tn the ,-o facts ~, Of
Tighe had requested me TO - DR.. Burleson
and tell him 10 go 10 Colonel Patterson con-
siGered IL my duty TO go ana deliver the n2te;
1 never saw pistol in any ones hands at any
time; A NJ Smith said he No1id carry Tighe
TO Ohio at the risk Of his life; : heard 4. M.
Smith tender Tighe his OvercOat after they got
into the buggy, and / think Tighe took il; he
said he was compelled TO take him away
ironed till he got outside the Tennessee line;
tod to glrz mn
Smiths room, he said he would rather 90 TO
his own office or room, but they objected the
room was furnished with chairs, bed, lounge,
and had comfort on the door; Tighe looked
over the paper part of the time, while L was
reading the warrant; he wanted pencil and
paper 10 write TO his sttOrh ey; the paper wss
furnished TO him, when he went up stairs to
To Colonel Patterson-I have had a con-
versatiOn with Shaw, J. J. smith and Mr..
Edgington since gave my testimony last
week; took drink with Shaw and Smith
half an hour ago. Alr. kdg1ngton asked me
whether 1t was Shaw o. Smith that had
announced about the buggy or buggies, and
said, after l refreshed my memory, that l
Thought 1t was J. j. Smith.
To Mr.. Edgington--I would take a drink
| with, either side; Laughter I don't think
To Justice Winters read the warrant to
| Tighe because was asked by 4. NJ. Smith to
I do it; 1 did not think was the proper officer
| to make the return; I am positive shaw was
! with J. J. Smith when he announced about
/ the bugies; l heard a. NJ. Smith tell J. ].
| smith and Shaw to get two buggies and leave
] them in the alley in the rear of the building.
To MIR. Edgington-My recollection Is that
Shaw was present when the buggies were or
| dered: they were both together when the an
| nouncement was made about the buggies; II
| is the duty of the offlcer who makes the ar
| rest to make the return on the warrant; If l
| had made the arrest certainly would have
made the return.
| This closed the testimony.
| ARGUMENT.