Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-06-27

| seBted an emdaVlt slgned ana sworn to by
NJ. I. Polk ssking for a continuance fol
| justice and not delay. The affidavit is &.
follows:
AFFIDAVIT NO. l.
| State OF Tennessee N. T. Polk.
10 this case NJ. T. Polk makes oath that be
cannot safely 60 to trial without the evidence
| Of james Fleming, who was his clerk and
| book -kef ier during the whole time in which
| the default was claimed to have occurred.
Afiiaut understands that the theory of the
protecution ia hat the books will chow de-
fault or failure TO pay over money and 10
account for bonds which came into his hand ;,
and which he takes for granted they ttilt
Eill undertake to chow by the books now in
p1ss ssion of the Stre Treasurer. How or
by what process the State will undertake 10
I this proof before the Court, sfiant does
not know, but most probably by an actual
inspection of The books before the
jury, undertaking thereby to show ose deficit
IN the account. Supposing this to be the the
ory OF the prosecution, and which sffi ant be-
ieves is what the State will undertake 10 do,
the evidence of Fleming, the book-keeper,
is essential to the defense. Affian will un-
dertake to show that in the Treasurer's office
balance against the Treasurer sppearif e
on the books at any given term, even for a
larger amount, uOeS NOT prove mlSaDDrO-
Eriation of nCnsy; that in the mode OF keep
log the booss large balances appear oD the
books against the Treasurer which can be
explained consistent with the Treasurer's
innocenceIas in the case OF the former Treas.
urer when the Legislative Committee found
at times large balauces, as sffi ant IL in
formed, amounting at times to several hun
dred thousand dollars, but which were sat;s-
isctorily explained consistent with the good
filth OF the Treasurer, but the Committee
unanimously reported his accounts all right.
What the prosecution may chow or under.
tske TO show, sfti snt doe not know, but if il
Is TO have the effect to i'm Pile ale MIN by an
exhibition OF his books, then his book keeper
is most material witness, aud be is
sure that by said witness he can explain
many things which are 10 be brought up
szainst him. Aft ant further states th at said
lmes Fleming is absent without bis consent,
that he has been absent several months, in
deed since February, so that subpoena
would not reach him. Affiant has caused
subpoena to be issued, which has been re-
turned "Not founl." Aft ant cou I'd not safe
IL go 10 trial without his evidence, as he can
prove the same facis by no one else. He
asks for u continuance for jaslics and not de.
lay, and be believes he can have the benefit
Of his evidence at the next term Of the
court. Sworn to. M T. POLK.
Judge East then presented second afi-
davit, as foilows:
AFFIDAVIT NO. 2.
State of Tennessee vs. NJ. T. Polk
Afiant makes oath that he is the defendsn
ia the above entitled csuse; that his sureties
have put into the hands OF B. ]. Lea, At
tornsy General for the State, the sum Of So
900, and be has the assurance OF one OF the
sureties on bis appeal that another $40, 900
will be paid into the hands of said At
torney-General son "a said surety
Sax returns from New York, and he
is expected to arrive on each lrain
He has also the sum of $4,000 in the hands
of John w. Cnildress, his attorney, and he
has also sold 10 one j. Taylor q fsrm in
Florida for $4,000, and the deed thereof has
been written and delivered to said Childress
who ia to deliver the same upon the receipt
of the purchase money, which is hourly ex-
pected, which farm was not attached by the
State OF Tennessee, but sold with the
consent of afi ant upon the request and with
the knowledge OF the Attorney General of
tie State, for the purpose OF paying the same
to the Stale. All OF the foregoing sums are
agreed TO be paid into the treasury of the
State upon account OF mis- alleged embezzle.
ment and defslcatiou, as charged iu said in.
dic'mtn'. n1ht clhnaeh'ly eAptcs 10 pay
appointed ]. B. Kllebrew to take charge of
his mines in Mexico, to work or sell fbe same
TOR the purpose et raising the money with
Mutcu " e1''.e vi V:I, tne a'e VI AenuesIee ~ c
nosiiiop. and sfi sotis cor & len, said property
will reslizs The full sum claimed of him by the
State hant lurther ksla'es that his at
sorney, =; W. NSiia Sii auu tae A'!o.ney-
IN Nor,b CsroI,n. nrnnart, IN he naid for
monthly. aud he is iof1rmsd BY them that
some $4,000 or SIS, 900 will be realized in &
lew months tnereon, all OF wnicn Is unoer
osrn, aG,nt tnr1her s,.,sa tbsI ,6a a..
tate OF the late Thomas O'Conn T owes him
$50 600 or thereabouts, and the manager
mercer mas prini'ssu 10 pay 'nG same h,1,oi IN
wh;ch ann, nnser agrsenent he, w.eu his at.
torueys and the Aitor ney General is 10 BE-
paid directly 10 the Stete. Athant conh-
Senliy oeIIeVes Sne eAPeotI n " pay ~ ,n
,ess ss soon es conld he reasorsblv ex-
pected, looking to the magnitude of the
amount; that his means aud estate are being
aomlnis'ereo 30 ,nS' enu WIN She knE"ieose .sS
8 ate Swo,n 70 MT poIK
CoI Colv,r in bis aroumsp, for . cor.
,;n,aro. 30, ;n,o,rrn,sd hx J,dos Allan
vbo .skod him s,m. o,a.,ion for inforoa.
g. 5;.o,,,.;o, 80 81 n, co1ra,
.aid :, ,ho c., .s ,o;n, - doo;da n.
o..o ,.i,hor,, hao,;n, ,ra,,,,e,, ho vo,ld A.
sio,
IA .1,.:5 r.1 ,,1J
~ No, ir., .o.awf,
Col coIvsr then ss, down snd Judge E,st
hi. .s.oc;ats conns.l ,ro.e and .,g,od IN,
;n,nor,srce ~ 4. continn,ncs o, scco,nt NJ
1 ,.a .hso - NJ. EIon,; nd o;,aI ho,,
NJ poII- nonaa - ,ha g. -, ~ .
..,,Io.,rI..
- AIIo, o,,.a ,ha .4a.,;,.
rL;s t,.o,, a., 80, oon,,,o,o,d IL.
,;e.uI, I.h - .,,;u a., - -.
- 80 ON :, 70 tonnd 10, nas,lv ovrv
| 49,, ~.,,ina5 b.5 a;,har a1,ras,sd n,
,-'"-
formed an opinion ana "ss incom Pe'eh'
| By D o'clock pm. only one Juror was ac
cepted. His name il James Knox Polk Hill
| TL; .o,.;a.rad 90 c,r;ons c;roun,
I'I,,- -, g. 81
st~poe' SS " niii o9i's n"sO ai.ei 0oi
Poke uncle, but OF no KIN TO the FOLK lam
/ ily. Col, Polk exhibited a quiet demeanol