National Republican., 1877-10-05
TENNESSEE TIMBER.
FRIAE OF THE FoRT HEaLBY LOG
CASE.

TRIAL OF THE FORT NEGLEY LOG
CASE.
Fourth Day of the Examination for the Pros
ecution-stewart Not Allowed to Testify
Word Battle Between n Lawyer and an
Army Oficer-The Relations between
Brummer and witowski-whcre the Logs
Were Cut-A Tennessee Rustic on the
Stand.
The Criminal Court, Judge Macarthur, be.
gan yesterday the fourth days trial Of Julius Wit.
owski for conspiracy to make false claims against
the Government The counsel on both sides and
Gen. Neglcy were present
TIE ACCUSED rs TARDY
Al the opening of the court, Mr.. witowski the
accused, was not present
Judge Macarthur ordered that bench warrant
be issued TO bring him into court His counsel
said that they expected he would be here every
moment.
the warrant to one of the balIffs Mr.. WitowsLi
came In
The triSl then proceeded.
STEWART NOT ALLOWED TO testify.
The Court decided the question submitted yes.
terday; vi2: Whether D. C, Stewart a codcfcnd.
ant, who had plead not guilty to the Indictment
could be held As = wltncss for the prosecution?
Jndge MACARTHUR held, on q review and com
character proposed was MOTTO be admitted In this
cNe.
The prosecution here submitted an extract from
the bankruptcy records In the case witowsd
twelve pages certified.
Mr.. Carpenter objected that the whole record
must be brought before the court, or none be nd.
missible IN evidence.
During the discussion Of this objection Gen.
Wells rose to speak before Mr.. Carpenter had con.
cluded.
Mr c Ihavc not done.
Gen, ". thought you had; you looked at me
aQ 4 fvntt tad
Mr., O. outof that impulse which possesses every
man man 70 gaze on thing Of beauty looked at the
pis,s1c sn wA9rTSS AK u; a;"SGh,ST ,,,,
looked at me, but he turned and seemed 10 he ad.
dressing me and supposed he was through, hut
next TO impossible to tell when he is through,
The Court. hope that counsel will abstain from
ssss fssye 'Ss rGn ss to
makes burlesquc Of the trial.
The court sustained the objection and the cvi.
dence was ruled out.
AN ARMY OFFICER ON THE STAND.
General A. A. Humphreys testified that he Is
Chief of Engineers. U. s. A., and he described the
process by which claims were proved in that Dc.
partmcnt and returns made of the cxpenditures
liabilities and disbursements
The crosscxnminatiOn Of General Humphreys
by Mr. Carpenter sometimes ncttlcd him.
NJ, Carpenter: The only place where we can
bold The General Is when we get him on the stand
tLaughtcrl
General Humphreys. Iwish to state the facts
=, Mr.. Carpenter was apparently anxious to show
that the declaration Of the witness that the course
Of reports, Sc. IN the Engineer Department which
followed specific routine, did not apply tn the
case Of army officers situated as were those ut Nnsh.
vile at the time the blnrk houses were built there
MT Carpenter desired to know If any regulation
not do. "
Gen, Humphreys responded that the officer must
conform to the regulations and give good reason
MI Carpenter. Hut isn't that he could not do II
good reason? bo your regulations require officers
Gen, lIumphrpvs What Is n nnirccInp
Mr. Carpenter. Are Won not n Christian?
Gen; Humphreys Yes, but the officers arc not ex-
pcctcd IN work miracles.
The Court. OF courSc. no one Is expected to work
miracles In Christian scnse
.d mr. Ga Well then they expect
Gen. Humphreys. will not have words put in
my mouth
Mr.. Carpenter. But am trying to get words ont
Of your mouth. laughter
was finally understood that army orders only
required possibilities.
George ". Woodward. Witness had charge of the
division Of accounts In the Office of chief Of engi.
neers He testified as to cflce routine.
dePhia, younger brother Of Captain st. Clair Nor.
ton, was placed on TIE stand and Identified his
orothers handwriting to some papers.
DRUMMER AND wIrowsKI.
Mr. Halle testified as to his acquaintance with
Hummer He is his brothern-law. Drummer
can sign his name, but he cannot read English
manuscript and can barely road English print
VI, witness @ saw Wtowsh ad Drummer together in
Eaid he needed some small affdavits Il was only a
matter OF form, and he wanted two or three OF
Them 70 carry % Washington mud get q claim of
some $4,000. He said the affidavit would never
De used, and Drummer signed the affidavit Wit.
owski loaned Drummer loo
Witness was crOss-eNnminca at length.
The court here took recess.
After the recess the crosse xaminatlon was re.
sumed. Witness was asked If he ever had hecn
indicted for fraudulent bankruptcy. but declined
10 answer.
Mr.. Morton was recalled and testified that he
never gave Wlt0wski any letter hook Of Cnptnin ST.
=. Mortnns, ard that Witowski knew nothing OF
Capt Ms letters
WHERE THE LOGS WERE CUT.
James Mclaughlin testified that there was no
lumber on Witowski's land near Nashville
On cross examination he testified that WitOwski
cut considerable amount of logs on the Holmes.
irving estate near Nashville and that he had since
peen sued bv M ne owners to recover the value,
Pierce German witness kept accounts for Can't
-; Clsir Morton at Nashville. Witness was there
presented to Capt Morton.
He was cruys-cSa Samincd sharply. and excited
much laughter by his positive manner.
RUSTIC wITNEss
John A. Toney Witness a rustic Tennessecan
pnd his testimony ramhled into personal ex
PeriencCs which were quantity said and excited
laughter that the Officers Of the court cndeay0red
In vain 10 quell.
He said that the "darkeys" didn't get no nay
they were pressed First they took the BARRIERS
% cut timber, but their hands soon hlistered and
they had to go after country "darkeys" Tie
"darkcys got ratons-two plugs Of tobacco a
towsk was cutting wood on the Irving tract 1t
was cord.wood he was cutting
Al the close of the testimony II this witness the
court adjourned until 10 o'clock to-day.
Lunahc at Large.
Lieutenant Johnson yesterday found an in