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

anu that was a lsdy, but ] cOuld
not have sworn that the prisoner
| shaw was that man till saw him again this
morning; he seemed to know Captain Hen
/ driCkss s well as he knew me; a. NJ. Smith
! wanted TO got out OF me where got the in.
! formation about TiEhe, but d not tell him
| he Then went to this fellow shaw and said,
"Wher is Jim q, J. Smith)7 What did he
DO with the key The drunken man said
TING hey in his pocket fright
light was burning all this limo
in Che room up in the third story; before I
went away told Colonel Patterson that they
would not have had so bright light up there
i'll case Of fire, IL there YVES nothing going on
up there; Hsked them 10 go up and see, and
wnen they could find no one, wanty TO 90
up, as told them woman was more curious
and would want TO see all she could see;
there, and that Tlghe and he Were
the best of friends; he first told
me that Ilgde had gone to NickSburg with a
bOat-lOad of produce, but I treated that state
ihent with contempt; he then said he had
gone to Mrs. Burlesun's, three miles out OF
town; said that wPS Mrs. BuTleSonr aud he
more; Smith spoke several times to The
drunken man, when the gentlemen were up
stairs, about the Key OF the store; did not go
close to them; they sometimCs Whispered.
Colonel P8tteIS ,n-Where did yOI FIST get
your information about Tighe being confined
in an upper room in Smith Il COS store, Nc. S
, Mis-. BurIeson-I DO not wish to tell uoIcss l
am conpellei
Messrs. Logwood and Edsington-O tell US
Justice WInters-Ihe Counsel on both sides
wish you to tell, and you had better do so.
Mrs. Burle SOIL first heard from Officer
Mat: Shelby that Tighe was confined at No.
HOward's row, about a quarter TO three last
Sunday afternoon. Shelby came to me ami
impressed me with great secrecy, and swOIe
ME, and then tod me that grand outrage
Colonel Logwood-St0p. We don't want
Shelby'S opinions
JnStlCe ', inters-Let Us nave IL all. l Will
rule IL out If necessary.
NitneSS-He said great outrage w9S being
committed on ar. Tigbe, but if it ever came
out that he had told he would be damned for
ever, and lose his official position in the city;
but at the same time he thought it was his
duty TO tell what was going on 50 that Mr..
TIghe's lawyers and friends M ght know all
about it before he was carried clear away out
of the State of Tennessee; l had been
prisoner myself during the war, and there
lore knew what it was 10 be prisoner, and
l could feel for one in Mr.. Ughe'S
position was determined mat jus
tice should be DONE ana | therefore
went off IS soon as possible to see his lawyers
and friends to see Whist could be done to get
Mr.. Iighe out; nay husband was away and l
acted as did; Shelby had note from Tighe
TO my husband, and swore me not TO tell what
he had told me.
Cross ErdYnined-1 met Shaw soon after
dark as was going TO Towards row: Shelby
told me ABOUT Tighe about three o'clock in
the afternoon.
THOMAS BOYLE
said that he knew No. s Towards row, and re-
with Captain Braun and the policeman. and
they said they saw light up stairs in No s,
and they suspected 1ighe was confined up
there; this wa between nine and ten o'clock
at night.
JAMES MURPHY
proved the serving of the writ on the train
last Monday morning on y. NJ. Smith, near
Bartlett, and bringing Tighe back to the city;
shaw and j. j. Smith were on the platform
when the train arrived at Bartlett from Mem.
phis, The parties "a. NJ. Smith, ,Tighe and
himselD went to ldasOn's, caught the iu-
coming morning train, and returned to Mem
phis,
for the defense) testified that lie shook
hands with the prisoner (ShaWl on board the
Mary Bell last Sunday, while coming down
the river, below GsceOa.
GEORGE F. ROOTS
Yves also a passenger on the Mary Bel, but Gid
not zee Shaw on board TO the best OF his recOi-
$. DREYFU5,
deputy-sherif, testified to a conversation he
had with A. NJ. Smith on Saturday in Hill
mans store, No. Towards row, in which he
said Smith strongly urged him ID inveigle
Tighe to the DINO depot on Sunday, when Two
men would be iii waiting TO receive him on
the afternoon train, and carry him to Ohio
Dreyfus refused to arrest Tighe, except in the
regular way, and as an officer should MAKE an
arrest.
Capt@n Braun'S visit to the place il search
OF Tighe was admitted by the defense.
The prosecution admitted q pass signed
"Alf GTissom, clerk" emitting Mr.. shaw 10 q
first Gle passage from Memphis to New Or
leans on the steamer Mary Bell.
1t was admitted that the Mary Bell left
Memphis for New Orleans at five o'clock on
This osed the evidence for the prosecution,
and the court adjourned till two O'Clock this
Another Damage suit.
To-day Mr.. Tighe, in comp any with his
att pTney, Colonel Patters on, leaves for Cincin-
natl, to meet the charge set forth in the war
rant, and TO institute legal proceedings against
Arhmes Brothers, cigar dealeTS, In That city,
vino are said TO nave sworn out the warrant
Governor Potter will make the subject OF
alexander NJ. Smiths agency a matter of cor
respOndpnce with (IoyernOT Allen. OF ohio
Under the circumstances with which the
readers Of the APPEAL are conversant, Gov
if necessary, in order to keep
Mr.. Tighe out OF Smiths possession.
II appears that there is no indictment against
Tighe in Cincinnati, and the proceedings up
on which the requisitiOn hes been granted
were contrary TO all law bearing upon this
subject 1t seems that the warrant was issued
upon the printed affidavit Of the attorney
general al Cincinnati, with the blanks writ
ten required; but as no indictment is said
to exist against Tighe the question is, how did
the attOrney-generalg get the information upon
which his affidavit has been made' That's
II e question!
THE LAW ON THE SUBJECT
of the punishment OF kidnapping, IS set
forth in the Tennessee code, section 1921, pre-
scribeS imDrisOnment for not less than three
nor more than SIX years" Alexander NJ.
Smith, the agent, may also be put TO answer
the alleged violation of code section 1913,
which says: " If any person, by color Of his
Office Wilfully and coTTuptIy Cypress any
Pc son under pretenSe of acting in his official
capacity, he shall be punished by fine not ex-
ceeding one thousand dollars, or imprisOn-
ment in the county jsl not exceeding one
year" The warrant could easily have been
served on TiShe in proper manner, for
TENNESSEE CODE, SECTION 45JS,
says: SIT is a misdemeanor for any sheriff or
other officer wiltully to refuse to exec ute any
lawful process which it is his duty to execute
requiring the arrest and confinement OF any
person charged with criminal Of1ense, or
Wilfully omit to execute such process, by
which such person escapes"