Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-04-18
LIE DERNIER RESORT.
The Finale of -Four Interesting Cases,

The Finale Of -Four Interesting Cases.
The Supreme Court Passes Upon New
ton Taylor Vs. the state, EmbFy VS.
Morrison, the state vs. Charles FOs-,
ter, and the state VI, r. b. knight
Among the opinions delivered by the
Supreme Court yesterday were the follow
ing, which viii be found very interesting
reading:
| BETTING on HORSE RACES.
Justice Mcfarland read the following in
the case Of Newton Taylor vs.. the State:
"The question in this case is whether
betting upon a horse race run upon the
track Of the Tennessee Agricultural Fair
Ground is gaming in the sense Of the stat
ute prohibiting gaming. 'HOrse racing
without regard to distance which may be
run upon track or path made or kept for
the purpose is excepted from the enact
ments against gaming. Sec. 1881 Of Code.
ain Huff vs.. the Slate, It was held that
the above clause, taken from the act Of
1888, meant a track kept under a license
/ for regular periodical racing, and that
/ il was hgaming to bet on a race
run upon q track kept up occasionally by a
few neighbors where races were run for
| sport. The Fair Association kept a speed
| ring and offered premiums on the fastest
\ horses, but did not authorize betting.
| They did not pay license tax on a race
/ trek, and their property was exempted
| from taxation upon the ground tfat it was
for the public good. While the track at
| the Fair Ground was a licensed track in
the sense that it was lawful for the purpose
! for which it was used, it was not Kept as a
race track for periodical racing, under a
privilege tax for the purpose. We think
the conviction was proper, and affirm the
judgment and approve the language Of
Judge Caruthers in Huff vs.. the State"
THE ADVANTAGE OF HAVING BEEN 4
SLAVE.
The following is al abstract Of another |
by Justice Mcfarland:
A somewhat curious case growing out of |
slavery was decided by the Supreme Court |
yesterday. Justice Mcfarland delivered |
the opinion. The complainant, Charles !
Embry, cOlored, being then a slave, bought |
of Andrew Morrison a small house and lot /
IN Nashville in 1868 for $500, paying |
$1,000 in hand ami giving notes for the re-
mainder. He Made subsequent pay
ments-One as late as 1867, after /
emancipation. BE afterwards rendered /
the property back 10 Morrison, and de- |
manded the reimbursement Of the money |
be had Paid, except a flair allowance for /
rents. Being refused he brought suit against /
Morrison the Chancery Court, alleging /
in his declaration that the contract was /
originally void as he was at the time, under /
the laws Of Tennessee, incapable of max
ing a contract, aud that advantage had /
been taken of his condition as a slave, to /
require an eXOrbitant price for the place. /
The Chancellor decreed in Embry's favor. /
The Supreme Court affirmed the decree, |
holding that the contract was void 40 in
tito, and not simply vOidable; that the /
masters right TO the accumulatiOns Of bis /
bOndman, nor payments made after eman-
cipatiOn, could make the original contract |
stand.
An ADROIT THEFT.
The case Of the State vs.. Charles Foster /
has been before our readers. Justice Free
man delivered the opinion in this, affirm /
ING the judgment Of the court below for /
two and half years in the Penitentiary.
Defendant was indicted andlcOnVicted Of /
stealing the shawl Of one Levy. The proof
shows that LEWIS shawl was laid on a
chair in the store room where he was en-
gagged; that defendant and a third party |
tention was given in another direction, de-
fendant pretending innOcently but adroitly /
spread an overcOat he had in his arm over /
the shawl lying on the chair. In a few |
minutes he left taking the shawl up no /
doubt in the OvercOat. He was followed /
some few hundred yards and found with i
the shawl wrapped up in the OvercOst, the /
ends Of it, however, being visible. He
claimed it was a mistake; that he had
shawl Of his own and bad Inadvertently
taken up the wrong one. As no shawl Of
his own was shown or found, nor it even
proven defendant ever owned one, the jury
concluded the defendant had felOniOusly |
taken the one for which he was indicted.
We feel clearly inclined TO the idea that the
finding was correct under the circumstances
and affirm the Judgment"
KNIGHT, OF MASON AND KNIGHT.
The case Of r. B. knight, charged with
hOrse-stealing, attracted much attention
and consumed much time in the Criminal
Court Of Davidson. Il will be remember
ed that he was jointly indicted with ]. G.
Mason, who escaped from our Jail with j.
Fletch Woodward. Justice Freeman de-
liveTed the opinion in this also:
"Defendant was indicted in two cases
for hOrse-Stealing, and receiving such prop
erty knowing it to have been stolen. In
one case there is no bill Of exceptions and
no error. The judgment Of infamy was
correct, as we have held at the present
term, that hOTse-stealing was larceny. AZ
firm this case.n
In the other case for stealing the proper
" of J. a. NimmO, the jury found defen-
dant guilty Of receiving the stolen horse,
knowing it to have been stolen. In this the
following error is assigned: Defendant was
jointly indicted with another party; he
moved the court for a severance, as provided
by the statute then infOrce; this the court re-
fused unless he would lay grounds first by
an affidavit, and the party was put upon
his trial. In this there was error. The
statute is imperative and gives the right 70
severance without condition or limitation,
prescribing the mode Of trial, that is, they
shall stand for trial in the order in which
their names appear in the indictment.
This statute, it is true, was repealed by the
last Legislature, but this cannot cure the
error nor make the action Of the court cor
rect. We cannot say how much the de-
fendant's case may have been prejudiced
by being put on trial, as be was, with another
party, who was convicted and who has not
appealed, as far as We can see from this
record. Let this case be reversed and re-
manded for a new trial.
THE UNITED STATES ARMY.
An officer Of the Nashville Barracks