The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-16
WHY HE EXCEPTS.
GEN. PETERs's PRELIMINARY STEP
FOR AN APPEAL ON A FINE.
stenoRraphic REPORT of the Tilt Which
eliminated in the Fine and His Ex-
pulsion From the Criminal Court
Room "to Cool on"

Criminal Court yesterday bill oil excep-
tons preliminary TO the appeal from the
action OF Judge DuBose in filming him $50
for contempt Of court ON Saturday last.
The bill Of exceptions is merely steno-
graphic report OF the proceedings had in
the Criminal Court at the time, and are as
follows:
In the Criminal Court Of Shelby County Tcnnes-
see, January Term, 1SSg-ln the matter OF con-
tempt against George y. Peters, Attorney-Gen-
eral OF said Criminal Court, bill oil exceptions
The Attorney General, George b. Peters,
arose in open court and addressed his
Honor, Judge ]. J. DuBose, as follows
May il please the Court, / should like to
ask your Honor to reconsider some in
structions delivered to the Grand Jury
relative to tho Saltmarsh matter- Inter-
rupted.
Judge DuBose-I have given no instruc-
tons at all, sir
Attorney General Peters Continuing
Saltmarsh, rs you know, was public OIL
Ger. and an embezzler who stole a large
amount OF money from the city and is now
a fugitive from Justice, and we may be
called upon at any time for requistion.
have presented three bills OF indictment
TO the Grand Jury containing charges OF
embczzlement against him, and have sub
mitted witnesses who have rendered posi-
tive and conclusive evidence OF his guilt
upon these charges Of embezzlement.
The jury are entirely satisfied from the
evidence before them OF his guilt, but
have been informed by the foreman that
your Honor has directed members OF the
Grand Jury not TO act in the matter and
not TO find an indictment, and for that
reason, although several days have
elapsed since these indictments were pre-
sented and this evidence was submitted
to the Grand Jury, they have not acted
upon II on that ground-at least, so | was
informed by the foreman OF that jury.
Judge DuBose-l gave no such instruc-
tons; | gave no instructions OF that sort,
sir.
Attorney-G General Peters-Do | under
stand the Court 10 say that no instructions
were given TO the jury2-[ interrupted
Judge puBoso-I have given no instruc-
tons to tho jury, sir, none at all, what
ever. You know very well what We are
doing--that we are investigating that mat
ter by committee Of experts
Acknowledgement Peters-The cases Il
which / make reference are the eases
against Saltmarsh, presented before the
Grand Jury under bills OF indictment, and
the jury have had the most conclusive
proof brought before them and are nov
waiting. They cannot act because Of YOU
instructions in the matter. So Your Honor
then says you have given no instructions
In this matter?
Judge DuBose--No sir, / have not, anC
| think this matter has been carried IN
enough. j do not care about making an!
explanations in public.
Attorney General Peters-Then. You
Honor, the jury may pursue the regulal
course in this manner, aud find the indict
lncnts in this matter.
Judge DuBose-I have nothing 10 sa,
about the matter nj present.
Attorney General Peters - Perhaps
! have been mlsiniormed by the Crane
| Jury.
, Judge DuBosc-I don't know what Vol
have been told, nor what you have beei
5 informed, sir
q Acknowledgement Peters-Well, as tn
Jury are laboring under the impression
that the Courts wishes are that these in
dic,ments should not he found, woul
like 10 ask Your Honor II with those IN
dic,mcns presented, and with the crimi
mating evidence which has been laid be
a fore them, Is Il not Your llonor's duty {
remove those erroneous impressions Of IN
jury, and that IL would be their duty 1
a the matter? interruption.
Judge DuliOsc-I will instruct the jur
: In the matter; Twill do Il publicly.
u Atorney-Goneral Petors--When, ma
n Il please the Couri2
% Judge Duljosc At tho next term OF IN
a. Court.
Attorney General Pcters-Well, Il Is no
" n question Of my misunderstanding, but
, is n question for the jury who have n
n cciycd these instructions; and Il is for tbs
!. reason that find that this business Is ynS
10 acted on interruption.
10 Judge Dulioso-lt Is not n question
!, Gen. Peters OF whether you have or Ia,
m not been Informed. You know | made
: committee OF the Grand Jury for the pu
h pose Of investigating that affair.
No. Attorney General Peters, have la
~ nothing TO do with a committee Of Oh
h Grand Jury at all.
NJ Judge Dullose mott
General Pciors-I have pr
N pared. and We have bad specific and 20.
III tive proof Of the embczLloment OF th
M money, and drew those bills Of indie
h mcnt, aud sent those witnesses before IL
ID Grand Jury, and the Grand Jury hcal
10 that evidence, and asked them II th,
io wanted any moro evidence in tho matt
N than hal already been heard 10y them, ar
they said that they dad not. that the oy
he dcncc was clear ~ 10 the charges Of ombc
Of element made against saltmarsh.
q, Judge DuIlOsc-Whon and whom ha,
Z. YOU examined Just lot us have the nam
y; oi some OF your witnesses
il. Attorney. General pctcr-CapL IIackc
u, aud Chief Davis wcrr examined aud
n. understood some other witnesses were al
examined.
Judge DuTosc-nid YOU ascertain Il
amounts cmbczlcd OF DO YOU know
49,. Attorney.Gencral pcicr-Thcy ascC
:" tanned tho definite fact that largo sums
y money lnicrnptcd.l
N. Judge DuBose much was
NJ what amount
go Auornoy-Gencra pctcr-For yario
M. and specific amounts.
he judge DullOac-Oh, then, that "
xt stated TO that committee, aud Il was osla
ly lishcd before IL they have been very III
OF gent about IT, they have been at Il two
three weeks and they ara lust rcttii
through, and thuy have been wanting AZ
waiting for your assistance very IL
gucntly. 10 I have been informed. al
NIX have called at my Office for questions
lie law. and have BEEN compelled 10 ass
he them la that respect. This committee
4, a part of that Grand jury; was nppoiut
lar 10 investigate and import 10 H. and ,
lor know nothing definite about the amou
I'D Of shortage at the prcscut time.
,,i Attorney. Gcncral Peters, was n
] y. "A. 4. .Hs