Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-10-29
The Examination OF his Kidnappcrs
Before Esquire Winters Yesterday
testimony Of the Plaintiff.
/ Clear Statement Net in the Least
Shaken on DISCRIMINATION
Testimony Of Other Wit
ncsscS-
rhr Outrage Painted in Plain but Hon.
est COiOrs - 4 Gross OnChSc
Against the laws OF the
>iatc-Etc., Etc.


TEU examination Of James ]. smith
j. NJ. shaw and John TraDtham, charged
with kidnapping and sSSaulting with a pist I
Joseph NJ. Ilghe, on Sunday night last from
No. Howard'S row, was resumed yesterday
reioTe JHSilce J.. NJ winters, IN the second
circuit "o'vlrCon. Alexander VI. tmith, o.
Onto who was also charged with the same
crime ware an examination on the preyiOu.
day aud gave bonds for his appearance iol
trial in the criminal court. IrNICnel J. Patter.
son, OF the firm of Patterson ~ Lowe, appeared
In supper Of .ne prosecution, and MeSsrs T
= EGgIngJOn ard L. Ii. LogwOOd sustained
the defense.
TESTIMONY OF JOSEPH N. TIGHE.
Joseph NJ. Tighe was thu first witness called
On being sworn and examined by Co.onel
Patterson he testified as followsi live in the
ards row, and sleep at No. Union street; this
Is my fourteenth year in which l have lived
ID this city, have been engaged in business
since 1855, know Alexander NJ. Smith,
James j. smith and John n. shaw l have
known Alexander Smith seven or eight years,
and nave probably Known James J. Smith
five or six years ana J. VI. shaw two or three
year relations OF a very friendly character
have never existed between Alexander NJ.
smith and myssli; l remember last
very well; / came home from
church Win some ladieI-I mean
J came from st Peters church with some la
went down the street with the ladies as far
as Union, and then went up Front street to
see the new steamer Mary Bell come IN; she
was az ln6t Time on the other side OF the river
/ saw among others James ]. Smith and Can
tain Hendricks en- tie street; Alexander NJ,
Smith cane up at the time aud put his arm
through mine, and asked me how l was get
ting on; he asked me, "AIe you making any
money!" he WalE ed with me from No idoWn
to No Towards row, and then asked me
into the office; knew the Office had always
been upstairs and | walked up quite willing
ly, SuppOsipg he wanted to see me on business;
the moment l entered the Office he pulled q
ri ON nd n Z "a ,TfL
then put handouts on me and shackIes on my
feet; 1 asked him to let me see the papers on
which he arrested me, and he told me that il
was on reQUisitton from the governor
Of Ohio; l said that II il was
q right arrest il was all right, and said "p!eaSe
give me pencil ana paper that l may write
10 my attorneys or some of my friends" l
asked him two o. three times, but ne refused /;
officer Matt Shelby came at this time, and /
asked him, but he SAID he mad nothing 10 do
with H. James j. Smith kept Wtnklng 10 me,
as il he would help me; l was to go up stairs
20 his room, and he looked as il he would
send out my notes-that is, he kept winking
a. II TO mean he would DO so; / afterWard
wrote n motto 10 DR.. Burleson, and one to Pat
tcTSOn IL Lowe, and asked him 20 send them
out Tor me, and get an answer; the cOlOred
porter TOOK them, and told him TO b ing an
answer to either OF them; l vailed for three
OF four hours, ard when | saw him again
asked him If ne had delivered the notes, and
he SAID L s;" | asked him what answer DIR.
BurleS0n gave him, and he said he did no: see
him, but he saw young man; /
anew he was lying and had not de.
HYered the notes, as there was no young
man about DR.. Burleson'S house, but only his
wife and three daughters; Alexander smith
was told, took the notes away from the col
ored porter; saw John Trantham, and asked
him II he could not find Colonel Patterson for
me, and II he would not take note to him
Tor me; while was looking about the room
f.r 2 piece OF paper, happened TO lOOz out OF
the window and saw John SturIs, George An
Jhony and Mr. Palmer walking on the bluff;
raised the window and hallooed to my friends.
whom have mpOfinDpb- three times
J. Smith ran in from the other room while 1
was doing so, anu pulled pistol on ME and
said II I halload any more he would blow my
brains Out; be then pulled the window down,
and then drew the curtain so that l could not
see out; about dark Alexander Smith came
in Snd told me / had treated him badly
In sending Tor my friends, and that
Mrs. BUrlesOn and Colonel Patterson had been
there; he sid lie bad told Colonel Patters IN
l had gone TO FickSburg with boat-lOad OF
produce aud that he had tod Mrs. BurleSon
that had gone out TO her house; Alexander
Smith told me he was going 10 take me away
that night; l asked him II could not go t.
my room to get my overcOat and change of
clothing If he was going to take me off to
Cincinnati that night; he would not allow me
outside with a buggy; a. NJ. Smith, Matt
Shelby, and j. j. Smith took me out OF the
house to where the buggy was standing; l
was standing IN the allsy near Clinton street;
the alley is about ten feet wide; they lifted
me into the buggy because l could not help
myself, as Tas handcuffed at the time; we
beng in the buggy; he drove al gallOp over
bridges, and broke down the tolIgate al
Raleigh; A, NJ. smith cried out that he was
the sheriff Of shelby county, and would
punish the woman who kept the tollgate for
not having light out; the horse fell back
one way. and the gate fell in another we got,
think, to Bartlett between nine and ten O'Clock
at night, and as II was late, we had consider
able trouble in getting anybody to let us in to
their houses; we stayed there TIL four O'Clock
In the morning, when they put me on the morn
ing train; Deputy-Sherih Murphy was on the
train with writ OF hd6eGS corpus for me; A.
NJ. smith was with nue.; we left J. j. Smith
and j. NJ. Shaw on the platform at Bartlett;
when We were in the house at Bartlett, Alex
ander Smith was with me, and J. ]. Smith
and J. NJ. Shaw came out and in-into the
room; / Ia y down Oh the bed and slept two or
three hours, aud A. NJ. Smith laid down
on the floor; Shaw was not present when
was arrested; l saw him probably half an
hour afterward, when he came Z p TO the room
in the third story where / then was; told
him how l had b en- taken aud confined
where was; J. j. SmithltoId me 1t WIS no use
TO make II public, and that was the reason l
had been taken up there; asked him TO let
me write TO somebody, but he refused, and
when they went ont raised the window, as
said, and hOllOoed TO my friends; A. NJ. Smith
and were in the first buggy that went out to
BRl t3eit; Shaw and the other fmlth followed
in another buggy; they left about the same
time we did, suppose; when a. NJ. Smith
came up to the room for the last time, he gave
orders 10 go for a buggy; we travelled as fast as
the horse could go, and got TO Bartlett ten or
was closed when Alexander Smith drove
against the tOlgate and broke 1t down; he
only stopped long enou3h to pay
did not pay for breaking down the
Iollgate; Smith told me was arrested on a
r6quisition from the governor OF Ohio, and a
warrant from Governor Porter, of this State;
when asked him how he arrested me. and
why, he said he had orders from Governor
Porter TO take me away Immediately, and
IL was very important that he should do so;
sheriff Murphy shook hands with me when
he came up to me on the train; Smith told
him he hsd arrested me on warrant from
the governor of the state, but Murphy said,
81 don't care il YOU have, or under what au-
thoTlty you have done IL, ! have wit of
HdbeTS corpus for him to take him back to
Memphis" smith borrowed Murphy . specta-
cies, went back to the light, read the writ and
and made no resistance; Smith
told him that he might have taken me away
up the river in a tug, but that the owners
wanted two hundred dollars for the use OF the
tug; the reason that / did not call out when
was being driven through the street was be-
cause IL was so dark and from the rapid way
we were going did not think any one could
render me any assistance, as before it could be
done we would be a couple OF squares off; If it
hsd been day light IL would have been differ
ent.
ss-cIdalfRed- itness on being cross-ex-
amned by Mr.. T. b. Edgington, testified that
Matt Shelby came - TO Smith S office two or
thi ee minutes after Alexander Smith took
me there; Smith had then the handouts on
me; the moment [ entered the Office smith
pul ont pistol: shelby read the warrants
II me; Identity these papers (the reQuisitiOn
ana warranty he read TO me; Smith was put
ting on the shacklCS when Shelby came in;
John TrauthsIn, J. j. Smith and cOlored boy
named Nelson, were all there At the time 1
think that was the COlOrsd boy name Smith
declared me to be his prisoner; Shelby, when
lie J.. sd the papers, told me / was Smith s
prisoner. Much more WaS said, bat
! don't remember it all; Shelby told
me Alexander smith had called on
him TO assist him, and ne thought IL was his
duty 10 help him; l knew l was Smiths
prisoner before Shelby told me SO, as he had
But TIE handouts and shackelS on me; Shelby
was present when the shackels were put on;
/ told them II 1 had been properly and le-
galIy arrested l would submit; TraLtbam
was present, but did not take an active part;
was asked upstairs TO the third story by J.
J. smith; be made me sigUS by winking; he
might have said II was more comfortable up
stairs than ID the office; l don't know how
many chairs were in the place, but there
were enough Tor all upstairs; / saw two piS-
tolls in A. N. Smiths hands; he laid one OF
them down on the desk; il looked as If II was
mounted with silver; il was clear and bright
Ike silver; there was q third pistol, but
dom know much about it; did not look
much al the pistols, as ! did not think they
Won 6 shoot unless they got good excuse 10
DO 50; 4. n. Smith told me he mad
three pistols; one was a double-barreled
UiStOi. / don't know II IL was the same one
that }. !. Smith threatened 10 blow my brains
out with when I looked out at the window
and halo ged TO my friends; IL locked like IL;
The room was more comfortable than the OnhCr
down stairs; when We got into the buggy al
night, Alexander Smith threw his UveTCOaa
over the back OF the buggy, and, A. ! wa
60 ting cold, ne told me 10 pull II around me;
DO WIS a U.4y. rT4t and met T. g.luut me