Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1884-05-20

The Criminal Court was organized yes
terday for the May term.
The following grand jury was impaneled:
ALI luther, foreman; q. I. Reeves, Green
Evans, w. w. Schoolfeld, Walker Ed
wards, W. d. Dunn, S. H. Dunscomb,
James T. Biggs, R. D. Goodwin, T. A.
Hamilton, r. NJ. Mansford, Robert Jones
and A. G. Mauldin.
SPECIAL GRAND JURY.
The following order was entered: 1t
appearing to the Court that the different
public offices of Shelby county and the
administration of the Offices thereof
should, for the public good, be thoroughly
examined by competent, thorough and ex-
perienced accountants; and it further ap-
pearing to the Court that the grand jury
for this court cannot, by reason of their
other public duties, make said examina-
ton of the offices of the public officers of
Shelby county, and for the same reason
the judge of this court cannot make said
examination. 1t further appearing that it
will be necessary to examine the offices of
said officers for the past two years or
more, and that considerable time and labor
will be required to make said examination,
and that it is impracticable to require the
regular grand jury to perform said labor,
therefore the following named persons are
appointed by the Court as jurors for the
lett, John 7. Willins, G. T. Dobbs, r. L.
Coffin, James E. Beasley, John M. Peters,
T. ]. Brogan, Ed Oliver, E. L. MCGOWAN,
1. n. Snowden, S. NJ. McCallum, ]. w.
Fulmer, 7. r. Farnsworth, G. N. Gros-
venor, ID. F. Jett, ]. L. Wexford and j. NJ.
Fowlkes; and said persons are appointed
to examine into and to report to this court
in writing the true condition and manage
ment of all the public offices in Shelby
county during the past twelve months.
TEST CASE.
Mr.. J. r. Goodwin, who had been sum-
moned as grand juror, appeared in court
and refused to serve on the ground that he
had already served term in the Circuit
Court and was exempt from jury service.
He raised the question as to whether or
not the statute was broad enough to cover
those cases when citizens who had served
in one court were Immediately sum-
moned for service in another. He was
fined S25 and took an appeal. 1t is under
stood to be a test case.
CONSTABLE AND FOREMAN.
e. E. Colby was sworn in as constable
in charge OF the grand jury and James E.
Goodlett made foreman of the grand jury.
PETIT JURY.
V. G. Mosely, I. A. MCGOWAN, J. r.
Pepper, f. d. Craig, J. L. Morton, G. B.
Coleman, Thomas Graham, s. B. William
son, j. G. Bell, Henry Hass, R. r. Church,
James Lott and B. K. Sampson.
wEAyER-wINsToN.
The first case called was that of the
State against Charles and Walker Win
ston, before the following jury: ]. W.
billiard, G. C. Lake, L. P. Jehl, Robert
Harris, G. Lutz, Ed Carroll, George
Dashiell, R. A. Spicer, 7. H. Hartmus,
w. J. Murphy, f. d. Talley and L. A.
McGowan.
The following is the testimony OF the
leading witnesses:
HENRY WEAVER,
examined by the State, testified as follows:
81 had fight with Charles Winston at
the Peabody, and about fifteen days after
ward was struck from behind on Monroe
street. l don't know who struck me. l
was not SO badly hurt in the last fight as
people think l was. l have not seen
either of the defendants since that time
| reckon ! was struck. No agreement has
been made, no proposition and no request
by the defendants to me. | had no con-
versation with the defendants either last
Saturday or at any other time since the
difficulty"
The defendant had no questions to ask
By the Court-Were you confined to
your bed after being struck? Defendant
Weaver answered-No, not exactly. l
stayed in my room for about day or
day and half. l had no doctor. l was
not confined to my bed on account of those
blows. / was not SO badly hurt as people
think was.
MR.. IoUDBERG.
81 saw these two men beating Weaver
over the head with stick. / don't know
which one struck him-both were present.
They beat him with heavy club or walk
ing-stick. He was bloody all over the
head and face and hardly looked like
human being. He hallooed murder, and
tried to get away from them"
Cross examined by Defendant am
porter for M. Gavin. / did not know
Weaver or Winston. did not see Wins
ton with his arm In a sling. ! saw po-
hceman after they were separated. Null
lowney got them five or six minutes after
they quit. The tight lasted three oY four
minutes. When got there Weaver was
down. One of the men was beating him
with stick and the other with his fist. /
took the stick away from one of them and
begged them not to kill him. They said
they did not want to kill him, but jus.
wanted to beat him,
A. s. ROWLAND
testlted that he heard noise and ran
down to the corner of Main and Monroe
He saw three men, one down on the pave
!: inent screaming and two standing over
HIM,
ALBERT KING, eoLoRED,
who lives at Friars Point testified: "When
l first saw Mr.. Weaver he was down on
his hands and feet. One man had club
and the other a stick beating him, When
L got near them two men were showing
the crowd back. Weaver called out MUIR
der and police. Charles Winston had the
stick. get my breakfast at the Jail,
where | have been boarding ever since
this difficulty. One of the men had a
piece ofgoods-box about two inches vide. f"
Several other witnessss were examined.
After hearing all the witnesses, the Jury
Il retiued and hroToht in einn Mo ,,a,J;st "a