The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-09
HOWARD UNEASY
His Case Not Likely to Come to Trial.
Defendants Counsel Present an AT
fidavit for Continuance.
It Sets Forth Great Amount OF
Newly Discovered Matter.
This Tends to Prove That Towards
Name Is Hewlett.
It Reviews the Alleged Malodor-
BUSINESS of His Early Life.
The Court Win Hear Objections Today
and viii Try the Case If Possible
1t Is Expected That Many
Old Bones VIII be
Cracked.
specIal pIspalch 10 The Appcal.

Special Dispatch TO The Appeal.
JACKSON, Tenn, Feb. S.-The argument
for new trial in the case of the farmer
girl Mamie Day against Ben f. Davis &C.
cupied the morning hours Of the court.
The court refused to entertain the motion
for new trial, and the girl loses every
thing.
1t was near o'clock pm. when Messrs.
Bullock and Anderson came into court.
Mr.. Bullock presented an affidavit for
continuance i'm the Howard case. The
paper embraced twcnty-seven pages OF
legal cap, reviewing at length the history
Of the case and setting forth a great deal III
newly discovered matter, bdSh in England
and this country, which tends to prove
that Towards name is Hewlett; that he
was apprenticed on an English ship; that
he deserted this ship and came 10 Ameri-
ca; that he enlisted on the Tigress and
wentin search Of the Polaris and that three
months thereafter he deserted from the
United States navy. On these grounds
the defendants ask for a continuance,
while on the other hand the plaintiff
strcnuously urges trial, that lac is en-
tirely ready and further delay is injurious
and hurtful TO the cause.
The court stated that he would like for
the case 10 come TO trial, that he would
grant till tomouowmorningat 100 clock for
either side to prepare their objections pro
and con on the case, and that lac would
not tolerate any frivolous motions.
The plaintiff seems determined TO 60 10
trial, and the court would not hinder him
in this respect. The plaintiff asked until
tomorrow morning TO examine the ali.
davit, which was accorded.
As the matter now stands, the Rev.
Howard has the advantage, and his attor-
ncys are pressing TO maintain IT, The
plaintiff will show, IN his counter affidavit
tomorrow, that the dispositions taken in
London by the defendants are false in toto.
He VII also show that since his conversion
10 the ministry lac has lived correct life,
and that the dispositions which he has
from England are correct and that his
wife win swear she has personally met
each and all Of the witnesses whose deposi-
tons are before the court.
Some startling statements are Unlimited
by the counsel for the defense tomorrow.
II Is said that bones will be cracked which
were never cracked before at tomorrow
session. Excitement is increasing. and
there viii be general disappointment II the
case is not tried this term. The com
munity Il sick and tired OF the case. and
want Il disposed Of once for all. Il has
arrayed brother against brother, and IN,
best families in the city have been placed
at daggor's points in consequence Of this
religious quarrel.
The case will be finally disposed Of, 80
far rs this term is concerned, tomorrow
morning. A trial is not likely, though
there is no telling what disposition the
court win make Of the motion presented.
The defendants evidently do not desire .
trial, while the plaintiff secs advantage
and Is determined not TO neglect Il.