The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-03-14
Col. Nugent, One OF the Counsel
for Hamilton. as q Witness.
Defense Objects to What he Says,
But Don't Gain the Point.
Tho Court Listens to Ten Speeches
Before 1t Decides the Question.
Col. Nusent Repeats the Conversation
Between Himself and Hamilton
Before the Kiliing-d. Y.
Stewart Teetifes.

Special Dispatch TO The Appeal.
BRANDON, Miss, March l3.--Though
Judge Mayors said at adjournment yester-
day evening that he hoped all would be
promptly on hand at 0 o'clock this morn
ing, II was nearer 10 than o'clock before
the proceedings were commenced. But
little time was consumed in taking testi-
mony, the arguments Of counsel on dis
puted points consuming nearly all Of the
day. In fact, the jury was out Of the court
room most Of the time. Col. ID. p. Por-
ter, Secretary Of the State Senate, is here
taking a little recreation from his arduous
labors during the session oi the Iegisla-
turo just ended, and was seated with the
defense most Of the day, rs was the Hon.
d. NJ. Watkins. the eloquent member
from Marion county. Elders Hall, Petit
grew and Ellis occupied seats with
the prosecution. The questions pro-
pounded TO the witness, Nell
lio Dinkins, YESTERDAY evening by
the State on rc-examinadon elected moth.
ing Of importance. and the hour for adj
journment having arrived the court was
adjourned until this morning, with the
understanding that tho witness would be
further re-examined BY the State this
morning. The State, however, announced
after the meeting Of the court that they
did not desire 10 examifsc fhe witness fur
ther. The defense insisted that she should
bo recalled. The state was willing that
she should be recalled That the defense
might lay the ioundaiion for impeaching
her, but objected 10 an examination as 10
other matters. Judge Mayors ruled the
point in favor Of the stn;e
The defense then Announced that inas.
much as they bad not fhc particular inior-
nation necessary they would prefer to
have the examination of the witness, with
| view 10 her impeachment, postponed un-
Ill Thursday, at least; bit, at the request
OF the state, they gave The names OF W. l..
Dinkins and Col. ThOs. y. Helm as two OF
the witnesses on whom thoy would rely.
Mr. Dinkins Ia the United States marshal
for the southern dsirirt Of Mississippi,
and Col. Helm N baul q aud capitalist,
and both boarded at the, ,ouse where Mel
lie was employed at be time Of fhe
killing.
After short consultation betwecn coun.
sci for the defense, yudee Calhoun, adj
dressing the court, said that the article In
a contemporary nowspaper, In which II u
alleged that Col. Nugefit had the pro-
cceding OF the court at Brandon interrupt
cd saturday 20 protest against the DINO
crdfs article The Press and Col. IlamIl-
ton,' and tried 10 get iron his fellow law
yers a certificate OF character" was n mis-.
take; that Col. Nugcat know nothing
about what counsel for ths State and dc.
iense contemplated saylsg, In advance Of
their statement In coud, az told In the
proceedings Of Saturday in connection with
another article In the hame paper. The
article referred 10 this spiorning Is In the
Meridian Dcmocrai OF the l2th Inst.
col w. L. sponsr,
Of counsel for the dcFnsc, know II. ID.
tiambrell. lie Was ed.ssr or publisher OF
the Sirord and Shield, witness thinks that
he was editor. Had aconyenation with
| Col. Hamilton Ia reference 10 the article In
the S,uord and N.i,id, q April %, 1857,
headed "Jones :. Hasoilton and Organ. y
The article was read toshe Jury, and Al the
request Of counsel for D. defense tho fol.
lowing paragraph from the same paper was
also rcad: "Aiay be. af;n all, Col. lIamil.
1
summer TO organize whisky niggcr party
and maybc thai pariy eill nominate him.
but, In case u should We predict that
Col. Hamilton will DO a. badly left ~ he
and his gang were ON D. 10th Of August
last" Witness continuing said that the
S,nord aud Sl,ioid was published In Jack
son. Hamilton Wa State senator
from the Kinds county district. The
conversation referred 10 was had,
m witness thinks, ai,out the 25th oi
April II was before fhe27 Recollects
that Hamilton was es.liud from his ap.
pcarance, though he dil or said nothing
10 indicate H. Tho oisrct of witness was
10 quiet the matter, All he told Hamilton
no could not afford tosn0tce the article,
because Of bis business lnii family. Ham.
ilion told witness that DO would take no
notice OF H. Witness fhonght al the time
that his relations with Cambrell and tho
members Of bis iauilly were friendly.
Hamilton mld the tsing might get "a
tight that he would IA compelled 10 no
ticc n. Tho S,rorf aa' Siisid Of April 20,
1887, containing the a,ilcc People VIII
Talk" was next shown the witness aud
read by him 10 the llFy.
Tho defense objected n the witness eay.
! ing whether be had re,elled the converse.
ton 10 any one elise, rhilcss II could b.
shown that Hamilton ,ni authorized him
10 do 10. The Stats irtsicd that it wa'
competent as tcndinxfo Illustrate the con.
dition Of Gambrcll's f1ind NJ the time o.
the fatal meeting, bu Judge Hrame, o
counsel for the State. r,odght that i would
only be competent III cbutlai, differing
from his associates to'flai extent. Pend
ing the argument tho hour for adjourn
nent arrived, aud the onrt took a recess
until 2 O'Clock.
AfTTnSoos frsIoS.
: The argument on thequeslion before th,
. court nj adjournlnenC Was resumed and
continued until o'ciotk when the court
having listened 10 ten speeches, siidi II
am clearly Of the opinion that The question
u competent, gcntieinfn AZ the rcqucsi
: of the State and over The objection o.
counsel for The dcisnsc. Col Nugcnt WA
! Withdrawn and q. Y siewari, who. wa,
, sick and wanted 70 70 hone, was placed
on the stand
us rr<rrrifn a. FOLLOWS
: Was IN front Of sianafis drug store, on
: the south side Of Catlo .lrrc', and abcu
2 $50 yards fIoin tho 9 a, ~ ihe nighl oi III.
= killing saw Col. liin Ilol ihere about
o'clock Ia tic cscah.s. lIu't Know whci
|"