Year: 1874

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AN .rrIvp GOVERNOR HINDERED BY FED


ERAL INTERFERENCE.


r,,v o,paou corsry TROUBLES AND TIE JULIA HAY.


DEN MuRDER-poUBLR JURISDICTION on THE
sAME oryessE-A BRIEP REVIEW OF THE DTFFI-


CULTIEs IN GIBSON COUNTY-ACTIvE NEAsohbS


OF GOV BROwN-HIs COURSE CoNTRAsTED WITH
THAT OF GOV. LEWIS. >


lYRoM THE SPECIAL CORRESPONDENT OF THE rRfBUEE'I


NASHVILLE, TenH., Oct l9.-The history OF the 0ip-
son County troubles and of the Julia Hayden murder
in this State is well known to the readers OF IS
TRIBUNE that have not considered special inves-
tigation of them necessary at this late day The at
tempt to give them political significance failed when
met by the energetic measures OF Gov Brown TO dis
cover and punish the guilty men, and the manufac-
tory of outrages in Tennessee for the Northern po-
litica market was found to be an Improbable bus
mess when such strong partisan as Senator Brown
low felt himself constrained to thank the Governor
publicly for the course he had pursued. My enief
object therefore, in calling at the Executive ONCE
during my visit to Nashville was to obtain better
understanding of the relations existing between
the Federal and State authorities in regard to these
cases. and to ascertain whether the interference of
the United States likely to result In promoting
Justice and bringing the murderers to speedy punish
ment or whether it promised to have contrary ef-
feet.


1t is no uncommon thing. as every lawyer knows.
for criminals about whose guilt there is and can be
no question to escape through the meshes OF the
law, especially when those meshes are strained or
broken by conflicting claims Of jurisdiction set up
by independent courts, or even when the officers OF
the same court fail properly to cooperate with each
other. ParadOxical it may seem, believe 1t is
fact that man has about twice as many chances OK
escaping conviction and punishment for his crimes
when two tribunals dispute the question Of jurls-
dction of his case as when he is called to answer
before the bar Of only one court.


DOUBLE JURISDICTION or A SINGLE CRIME


The Gibson County lynchers guilty Of murder
according to the laws of Tennessee but will be held
by the United States authorities If held at all, for
violating the Ku Klux or Enforcement act. In two
separate trials they might be convicted and
acquitted OF both Of these crimes and escape all
punishment. found curious instance Of this kind
among some late cases In the Supreme Court OF
Alabama which was looking over in Montgomery
the other day. The Grand Jury of the City Court
of Montgomery found several indictments against
two men caught in the act of rObbing house. Two
of these indictments were for burglary and for
burglary and grand larceny They were first
tried for burglary and convicted. The case
was appealed to the Supreme Court on
the ground that the crime described in the iDdict-
ment was known to the laws of Alabama as grand
larceny and not burglary, and that the men ought
therefore to have been acquitted of the latter crime
The Court sustained this plea. The men were then
taken back to the Court below and tried on the
second indictment for burglary and grand larceny


This time they were convicted of the former but not
of the latter. The case went to the Supreme Court
again on the plea that the men having once been
acquitted of burglary they could not again be tried
for that crime and that the last verdict was there
fore void. This position was sustained by the
Supreme Court and the men having been acquitted
Of both crimes discharged, although they had
really been convicted of both. IdOnt say that the
Gibson County murderers of this State are likely tc
escape in the same manner, but there is no doubt
that such thing is possible and know that Gov
Brown has been embarrassed more than he has beer
aided in his attempts to discover them by the Cnlteo
States officials.


TRUE HISTORY OF THE GIBSON COUNTY TROUBLES.
brief review of the case will think, fully dem.
onstrate this fact. The Gibson County trouble,
arose from threatened nsurrection OF the negroes
1t is matter of record that several of the negroes
who were arrested and who were aftcrward taker
out of Jail confessed that of their leaders, mar
in whom they all had confidence, and whom they
were bound to obey. told them that the time had
come when they should no longer work for til,
white people, but that they should arm themselves
form into companies. and kill the whites on GER
tain Tuesday. He told them that all the property
in the country was the product Of their labor anC
that Gen. Grant would sustain them in seizing it
The white people heard of these preparations, and
became greatly excited and alarmed especially
when they saw the negroes actually gathering, anc
bringing their guns. don't believe that the ne
groes would have dared to make an attack upon the
white people any way, and yet no one can blame the
citizens for preparing for selfprOteetion They did
So and, after a day or two of excitement, during
which many houses were deserted aud the people
gathered together where they could better deienC
themselves. some of the negroes were arrested anc
put into Jail. The first night they were guarded az
it was feared that an attempt to lynch them nigh
be made, but the excitement having apparently sub
sided. guard was not after that considered neces
sary.


The next night. as you will remember the jail
was broken open by large band of disguised men
and sixteen negroes were taken out 1t was reported
in the North and / suppose, is still generally be-
lieved that every one of them was killed. This i,
not true: four of them were killed, two wounded
and the other ten escaped unhurt.


ENERGETIC MEASURES OF GOV. BROWN.


Gov. Brown, desiring to give justice an Opport-
nifty to take its usual course in the courts without
the interference of the State authorities waited until
the last day of the term of the Circuit Court whichw
sitting at Trenton, and then did what suppose nc
Governor of State did before visited the scene
of the outrage consulted with the judge. caused .
special term of the court to BE- Immediately called
gew jury to be impaneled and employed detect
ives both professional and amateur, to work up the
case Up to this time the United States authorities
had taken no steps in the matter, aud while the
State investigation was proceeding, Gov. Brown
sent three times to the United States DistricAttOr
ney to ascertain If he had any evidence that
would assist in detecting the murderers. In each