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BY DENiAMIN SWAI3I.
WJIAT DO WE LIVE TOP., BUT TO IMPROVE t'JZSSLrZS i:;3 ZD VZZTUL TO 0X2 1X0TZZS f
volume i-rsmiDEiua
TebWs--32 IN ADVANCfi,
AS KB 0 HO U GH, It. C." B A.T UBI) AY, ItOVCMBEIl 10, 1837.
Or C3 AFTER 0 MONTH
To all of. which the defendants, by
counsel, plead Not Guilty. ' t
Before the, Jury was called, Mr.
Thompson, Jot the plaintiff, raised the
question as to , tho competency of cer
tain juror whose name had been retur
ned by the Marshall. In supporting his
objection Mr. T. suggested to the court
KVer Saturday Morning;
r.;.,r.;a,3lUT
rf,HnM ncr annum in advance; or
-Three DoUarirU am pawwwiu" tnat tnciiatareoi tne acuon now ai is
wuonths from the date of the 1st No. gnC was for damages for an injury in
rercived. . r ; , 7 flicted won the person of the plaintiff,
Anv subscriber may discontinue within by certain citizens of Hay wood county,
"J - .... t.V. .!., 1 1' . .,lf .....iltniAj a triKunnl
the first monms 01 uie puuutauw i iviuwmvc, vuuuiiv -
ii I ot insure, ana it 11 Known io vour iiuu
ors, said Mr. TH that a similar court
oretion vi ui . , . . . . . . . - , . ... BKnnt
. . c . . - 1 Ula.lt T WIIIOUIt.. 114 MW Will ,
All letters, commumuons,oxocunrc
postpaid. I iranecifullv objects to the members of
Advertisements, inserted on tho usual that court as" triers in this catscThe
terms., - . k I court obserred that as" there was a large
renal presented, there' could be no ditn-
-TO TtIITOOT3LlSTE!l5UU counsel on
revest of as. to , tho punishment. Believes ; that drawnrpistot'ln hand Robert Maclni
Shepherd's Taylor was a member- of the court.- with Jones, inflicted the Btripes. Was
in me court nouse on paturaay as well
ed on d.ny of tri:l at the
member of "tho Court-
negro in jail on Monday. The witness I Vasnot in Brownsville on the first day
was here stopped by plaintiff's counsel,! of trial Was called before the court
e ' j Mil .i l mtr -
irom gom mm n ociaii oi i&o cucun I io give evidence . u as noi . sworn.
stances which took place on Monday. Saw Shepherd on the ground but could
i iiu (juusuvii uiauu 4 wj uic rcicraacy uui say wuai pan ue iook in uiu prccuy?
of the proposed testimony was argued ing,--4 . .
at great length by. the learned counsel Cross ' examined.-Sa w Shepherd on
on both sides, the discussion consuming Saturday. ,.y itacss was c.i'.L'tl tV give
he balance of the day.and tho whole pf I evidence at the mstancc-pf plHintili. ;
kMieotWef ywirttlret severtUy j both sides could make their objection
iherUi wqueited to ct m rtn i' when Uw centlemen were called.
"SOUrtlBRN CITiies " ? ku,1 u",e Jury, selected. Marshall: r.l' nkard
ton copnuUo for y our eris shouU j Uobcrt Bradford, William Faulkner,
' tb MMf mim t fouromn aama o -it,iiton icmple. Ifrancis McGavocK
Mr.b dKtuk H . bt Joseph Wllorton. llussell DanccPliil
om m w w reMW" i m uuuic, uuiiilibuii 11 imams, licnjaimn
. u srdtr tbt jtm mj lwy know vbetb I Drake, Lewis William and ' Anderson
eriKspiroiiddr?wl UrefMJedM bud-i t4ieamam.
eribr or not, TooT rf irrree p.pefj l he death or Jtichard IL Jones, one
for ti word 'gruaotgt- . of the defendants, being suggested, the
Ktmitunccs v bt mi by imiI t j suit was abated as to him. vt '?-'''
rkk, la eomt iuk Sotes of Virfini. North I James Sevier, a witness for ihe plain-
or loata curoiiM. t-. , - i sfww na m urownsvuie . at me
a PMtBMter ho iv tMlott Is i N.tumoit ircspass. end knew Uic D ainti
' . - . . 1 ..j .L ij .
C- or Cine Few Bner. rtll reeif e lore eo. wm iricu man wuinpcc. uia not
pies of tk Citisca Mt itsr. . tjie .I,:.pntf, bjt hcard the Uslie jtuu
' : 1 . a . .
was savcrciy cruised, thoua witnesw
saw m Uood. - Saw the brant on nlain
titTi check could not distinscwh letter
Punishment iniUcted aAef lc
fore a large crowd. Heard a drum
beating on the square about sarad hour.
Knew none of ths defendants ai tiui
Balunla, ToV. 1& 181. time, and. could not say wha participa.
icu iu emu. iuw piitmiui in CUSlOdV.
THE IUITOR-
4iO Mi DBAWV ,MNT
mrosaici or too tAW necT 10
as on Monday. . Thinks he saw Oldham
onthe bench, ';.
i riaintifPs counsel here wrested. ?
N. Potter called for the defence.-)s
acquainted with plaintilX In 1835 had
a stofp.boat at Randolph, wberd witness
i reside Moved" his effects to Fayetto
Uuiuy same year, where plaintiff aiiti
Saturday morning.1 ; ; ' , I I AWnv K. Hess called lor plarntiiL i A rono Johnson kept a small store. Store
t Saturday Evening, Sep. 23. ' f 5 1 w'1" was read on flwm ty Jhree , f I wed the last of August 1833; Wit
rrhcourt bobr divided m oping
on the question of (evidence, made W "u "VVU 9 i, j . ' ganica cenain awacn-
w'iV.rrri m a return of tho warrant, swlIuU that he had absconded. Plalriti
7 5 ho wouW take J)laintiff int hia own
wasfomcJ(byxrooivdaynd keeping; plaintif as he alleged had
the negro placed in rt, andire c d to neihis life Maristratcmfused
from his master. ; He recognized plain-1 i:,;flr :u.. i o. m it,-.
Uff ar the man,-ond crowd cried out lp u- wr t . j
Til .-fr I tMKli , ?T IU1CIUW, AJdl VCU, .TVI'l 9 OUU
W itness
u7V..BBUU'.r SSI w ulc ILJIacliBonthedavoftrial.
anas oi uie crowa. . . , I .n-j .-u- :
Examination in chief resumed. The I-,.. L .vfl. k- .
circle was twenty or thirty yards wide, I ..fA. wfe.,-.- i rw:
Plalntiffrtood hTfront rank. , Sliepherd rVT iiZn.
Un? ne-roe s masier, was wim uie area, s on there.8" fAY lauffh.) Plaintiff
ana waijca irouna wnn ine negro, ac- . jured b ,cavhr lhi
cess could be had to the windows of the! i,uZJ. a ' ...,! .M;f
ailwhenegrow
sotliat conversation mighl be held with Vaaa L---hkJL--n rnnt
inmates. JJegro laid I his hand on plain- recoHect ShepheVds words, exactly on
tiff when told to point out the guilty ru .Unn wJu
man. nexro passca pwiuua oeiore re- k: nr Ram - j-Sbj
unghiin.' Witness heard a yotce in jj, wifo nt C;nnot
cojrmzin;
ASIIBOUOUGH, N. C.
ivrrntTiM r i tw irrrV before tho trial.;? Is acquainted .'with
INTERESTING LAW SUIT. , U,mf th AtfonAnt." L, u
wuteuw ot Ujo ' vourt (as above,) but afrv to Shepherd that ho had threa
cMl)d not name the members, tenea his life.-Shepherd pre
From tho Banner, i
CIRCUIT COURT OF THE U. S
District of West .Tennessee. Bcft
Sept Term, 18$ 7.
Vinson Moody
vs.
Shepherd If othc
Action of Tret-
-pass.
Friday' Sept. 22.
.The declaration in this cdsc fcts forth,
.,..h......0 ...... ... -- - - m m jaii nis wue present. canno
la the crowd say he had passed tho wh0 applied the brand to plaintifli
man.1 -'., " pUpptr
( i nomas oi.iaio, ca;,ea lor piamiiu. Cross examinedDefendants propo--CorroboratcI
the cvKlence of Sevier sed 0Q Monday to send for plauitifTs
T i - . ;- t" , T I wiincsses, ana mai was posiponeu un
fi,?6V ir,Pc?:M ,arg til Saturday for that purDose. No tes
' ' .tf",UM" r3'wu- , tiraoncy ven before tho leirai court.
1 iuiuuii nranaea wiui the letter ana shepherd wished to withdraw-tbe pros
ordered to leave the country. Heard ecelVon, but magistrates refused anddis,
drum and f fcr.bout dark. Heard the mi9 ; nia:nt;fiP;n lorm. Heard olain-
hepherd presented bis
f - pistol at plaintiff.
some of the defendants, now, and bo- j crowd, before or ufutf sentence was pro-1 V- ' i.Mfa3f' SeP
Uctrcs that Taylor and Whitclow were UoimctsL .. j ' 'V' 1 ' On resuming the cause this morning,
siiung in judgment on wo tnau ; Uid not j ucsUin by- a Juror There were j the court stated that they had reconsid
hear Uio verdict of tho courts hilt hoard . twr o Kccutio'ncrs. ; 7 I ered the question of evidence, raised by
- Examination in chief, resumed. Has plaintiff's council on Friday evening,
sircc Uoome acquainted with Jones, and after great deliberation, and a tho
one of tho execuuoncrs, and with tvo rough examination of the authorities on
of tho defendants. Shepherd and Tavlor. the point, were compelled to withdraw
Question by J'r. ilttcher Believe from the jury that portion of the evi-
fhat he saw Shcjrd and Taylor on dence which relates to the conduct of
Saturday, V ' ; the negro before the crowd on Mon-
G. VCadlTll, '.called for plaintiff: day. . ,
Was in Urownsvillc on Monday. Went Williams called for plaintiff
thc-r? at tho request of plaintiff's father. Was in Brownsville on Monday. Saw
Cross-examined Did not hear an o-
open expression of opinion
ore lone of dcfondants(Joncsi) saylhatplaij
Uie. J tiff ought to be h ing. Plaintiirs wil
a
Judges Catron a nd Drown, Nashville, t,n USW t0( l'laintiirs wife
uwwibiiiw ui mo iimc, oui not1
present at tlw puutshment. There was
a jury4-mn)bcr mm wi jnown;
Heard notliingsald of dividjng dnmag
es. Sa w Maclio; one of thooft'ikbiiifs,
but did not hear Mm encourage the pro
cecJinv''. A nioUon, put to the crowd,
w iiang jduiHuii, wai ovcrr.iicd. lJc-
PlamtifThad
some live stock near Randolph. Plain
tiff was absent fronVthe country'in July.
Witness met him in August, when plain-
un enquirca wny tne attachment, were
granted. - Witness replied that it waa
said he had (led to the country, on a
charge ot passing counterfeit money..
f laiotiff contradicted tho dartre. fTho
witness was here stopped bylaintif
cuuusci irum - uaswermg 10 questions
touching the excitement in tho country
in 1835, and the general character of tho
plaintiff. -r-: ;
ihe objection raised as to the pertin
ency of the evidence proposed by defcn-"
- 1 I !..L... f ... .
uuui 9 m'uhsvi, iiavuig ocea aiscuflsea at
considerable length by consent oh both
.:.i. .1.- - . . l i
oiuvs, uio wun cuicnaiaea uie ODiCC-
tion, - and directed witness not to an-
Cross Lxamined. Understood plain
tiff to say when with him in August,
1835, that he would prove their want oi
authority to sue out the attachments
Saw dissolution of Johnson and Moody
advertised in October. Thinks the at
tachments were not the same spoken of
by Mr. Hess. - ' ? 5
Mr. Core, a witness who was absent
in the morning, was here called for
plaintiff, by permission of the court, and
corroborated the facts stated by Sevier
and Skillarn, as to the trial and punish
ment of plaintiff! : :
Question by a Juror. . The punishment
inflicted after night, because the trial
was not concluded until dark. I
Cross examined. : Did not see Old
ham on the bench. Plaintiff told Sben.
II that Anson Moody, a citinm the State jura yfas
" 1 1 of Ininoicsr brattorncy. complains ir luema supjjom a w pe with a horo ! Heard tie trial oi plaintilt belore a
.i II Ksbert Khepherd. Jos. Joim, Jacoh f.i r cow-ukjv, voi. itendersoiir a;u:ar justices conrr, by wmenne
. 1 1 f.rrinvinii, JrttSn II War 1 IfHin' J.JiB-i citizen of - hrowtttville. prevented from auillfed.-- Shenhcrd.- followed
-e
;e-'.
hr
':
a
rf
ill
" refused. I plaintiff belore the legal court, and the
reg-1 conduct ot bhepherd spoken ot oy other
! was ac-1 witnesses, witness was caiiea two
bv several I hnnrnr afterwards before the crowd in
mr m w ww w w I " w- ...j . i w - - - i j w - - - - :
. 1 n-'. 1 1 l l 1 M I U .L I : 1J .til I . '.t. 1.L. . L J L
son, John U. .sne, ijagar oanacrs, "ai-!uu,ct'V5 ' "u, ; uy.ao uproar, uuwrv, jtunpcu .over, uie oar, wim a i we court nouso reorgamwxi us no uu-
len J.Barbee, Egbert Hay wood. Tbom-j Could not say that dejjndants joined in j coated pistol; seized plaintiff by the (posed as a court) to give evidence.
" as Owen. Riclwrd II. Jones, Thomas "w tmnc i lau.tirt was kept in custody cIlarand said: 1 have no lealevulence JSaid to court that he had never civen
Vhitckiw,' James Whitelow, .Robert R.j several Iays.:' P' ' to cojrmct ypu
-Machlin, Samuel Oldham, Henry Ow- j . Cr ws examino3. IlaTntiiT was tried 1 tato my life, and you d id rascal' 1111 Was told that the court was self consti-
ens. William B. Grove, How ell CTav- n .suspicion of stealintr a necro, the have yours.w Excitement in the crowd I tutcd, and required statements without
Wand Robert Nelson, citizen- of tfioi property of Shepherd, one of defendants.) great. Was afterwards in court house oath, and that the court bad adopted
! iiiKw - wb auiHru un iiic utai. .tm saw o.ieiuiuru
Saw plaintiff brought into town by arsation with plaintiff, "If you will go to ettecounty, and corrttMrated Caldwell's
giiard : witness lx.lieves on Monday,! jail you shall not bo hurt.'' Witness evidence as to plaintiff's store. ' A nvv.
31stAu 18Trial conitiienced! went to jail with plaintiff, t Witness lives tion was put to tho crowd to aduui
J,
sr
w
As
lib
i
' , -
gStato of Tennessee, of a tlcatf .trcspasist
for -that tho said octendants, on the 4th
cf September 1833, with firce and arms,
. Ale assaulted the plaintiff, to wit, at the
district of West Tennessee,- and then
and tlicte sicted and laid hold of tho
rtUintilf , and imprisoned ami restrained
f nira in his liberty against the laws of tho
i land, .and him then and there beat,
wound cd, and evilly entreated, and with
lorceof arms violently Pound the plam-
-liffwhh $tringsi4Wtinwng4lwH44
cctrai against him. crieviouslv abused ruled. . K , ,
andMmbly stripneil him, tearing bis Question by .tho Court Mr. Jones
V'lo?hcs .(ruin his body, and with a whini-who cried out hang him, witness thinks
ti'dcntlv'" iiiflicted many blows; and was acting as the Sheriff of : the court.
and-Joiies hi convert I rules of its owii. Witness lives in. Fay
tail with plaintiff. Witness lives I tion was put
irdav, to allow plaintiff to cot hisViU ty. Saw two cr three drawn pistols atloverruled by a majority oi" seven votes.
" rn L! J. - vi . r A . - c.l t i i . i .nrL I . i 1 . J ,... ..:
mo ume oncpneru seizca piainun oyineiixuri nouso was cruwuwi. vtutnnn
collar. Plaintitt left Fayette for Illinois las to ncgroe's evidence was decided by
four or fivo days after ho was punished, j the holding up of hand.
Plaintiff a man of family. Was creatly I v Cross examined.- ailed by t
oil
urdav
iiesses. Twothirds of the, count v. of
Hay-wotnl present atltho triaL . (Lreat
cxciteinout pervaded Uic crowd. TA
qucstiou as to what portion of the crovd
tried hang Plaintill, was hero objected
herd in witness presence that he wished
him to inflict the punishment. ' Shen
hcrd refused.
Robert Davis, called for the drfme-
Was in Brownsville when plaintiff was
brought in, and also on Monday. Ex
citement was very high against him. It
was proposed to select a jury of the best
men in nay wooa county to-sit oorpiam-""
tifT trial' Trial put oiTuntil Saturday
to bring in PlalntifTs evidence. Thinks
the postponment was at the plamtifTs ...
request f rom the excitement, witness
believed that .plaintiff would be hung,
without trial and that those wJiO rrrww
posed organizing a court were opposed
to hansins:.
Cross examined. fcnow snrtii r
the defendants now, but cannot say that
H w oo. pan in the proceed-
Mr. Sevier, reaalled by Mr. Fletcher.
Did not see Dr. Oldham on the
bcitCal.
tho4nwd
injured in a ' pecuniary - way by being 1 or court as a wirness lor plaiulir.
IWcttt-hteavethe Statc?P amtiffwast tiffritJjreTrjnsi3tcil7.f a L'Jiiet'ul a6M
A large number of depositions were
here offered by defendant's counsel but
under the decision of the court, thegTeat
mass of evidence contained therein, re
lating to the character of the plaintiff;
the excitement on the subject of aboli.
tionism and : slavo-stealing-which-thetr
broken upon his bare back, and with a
? ltot iron fcranded him on tho check, cru
elly and bihumanly, against the laws of
the land. By means of w hich several
' ptomis, he, the plaintiff, was then and
lver.rreatly hurt, bruised and wound
ed, an j becahie and was sic k, sore, lame
ind disordered, and so continued fr a
long rpaceof tiint and during which
.time Ik thereby sullered and underwent
great. paiif, and was hindered and pre
vent . irom tirforming and transacting
nis Ifcjcessary business, ! &c, arid also
thoruby ho was forced and obliged, by
tlie Violenco of the defendants, to Icavo
tk e State of Tennessee; and to lav out
aitd expend a large sum of money in cri-
sicR ncss, ttc Therefore tho1, said plain-
tul gith he is injured and sustained dam-
Crojs examination contiuued. (utd
not say what number of voices cried out
hang'hinu Taylor: remonstrated against
hanging planum. lourt selected a corn
mittco of twenty-live to award punish
ment selected, as witness was told by
Taylor, with a view to award tho pun
ishment hiss summary" than hanging.
Committee named." alter itirv hacf ren
dered avVrdict of 'guilty. A-question
as to character of committee, objected
to by Plaintiff's counsel: motion ovei
ruled.1 Members of committee of .dif-j
fercnt agesnrom different portions of
tlie country; having a deep interest tn
tho common wcltare, aim all legally
competent to serve as jurors. Defend
ants sent for plaintiffs witnesses, in
some jnstanccs forty miles, whose ex.
NintM were naid bv defendants. All
n-tfv.- ' ' j ' .
j the drinking houses m Brownsville clos'
i I t . .- ii . .m
a merchant, and partner with a man by ment ot merchanuisje. ; riaiotui was
the name nT Johnson in a countrv store I carried to Brownsville bv a.e of t!ie
in Fayette. - Witness hero detailed sey citizens of Fayette, in vuweijuonco of a
eral circumstances to prove that plain- reward offered for him. 1 ' I
tilrs loss was ascnousonc. v I Uuestion oy a Juror. mere was
uross examined -uia not near or unreal coniusion in uic awti uuus.
i examined. Did not hear or great confusion in the .Court Houw.
sec any ' witness bctore justice s court. v.v ijuesfion oy Mr. r ioicner.A voio
oevcrai questions asxeu oy mo court, was pui on monaay iu naiy . piuuuiu,
but cannot say thev were put by quali- and witness thinks there was a insjority
fiod ' witnesses. Shepherd promised for hanging, but one of tho. crowd .in
plaintiff in the court house that he should terfered to put off Un trial unlil Satur
not be injured on his way to jail Wit- day. ,XV
nesses followed him to jail-door. Plain- (Question by a Juror. Motion to hand
tiff's atock consisted ol hardware such was put to a committee,- notauLcru :, J,
as pots and ovens, a laugh and a few Plaintiff was so much fnghtoned as to
dry goods. Plaintiff left fifty head of rufeso to go to juil, unless accompanied
1 ft 1 I lit I ' .f
cauie ana some noi wnen ne rcmovea oy a irienu. 1
to Illinois, which 'vere lost to him. (This witness, the reporter would re
Witness here contradicted, himself jn mark, exhibited some little confusion in
sevetai parucui.irs, uecume cnniuseu, i nis narrauve, prouuoiy, irum ius ijtuur
and on aain bein examined varied his
narrative materially, from his first state
ment. . . -
Thomas Barret, called for plaintiff.
Corroborated the testimony of Sevier
ance of tho terms in which the questions
were proposed. J v - -v
Mr. Hess recalled. William Maclln
interfered between Shepherd and plain
tiff, when tho former collared him with,
pervaded the South West, and the high
standing and general good character of
no .aeienuants was suppressed The
followinff were excepted and read to
the Jury. ,
Mr Bowers, the Jailor of Havwood
county deposed that plaintiff, requested
uiu VU Mvuuaj w himiw uim io jail as
a favor. D. Hay deposed, that two
thirds of tho citizens of the connty were
rrcseni ai ine time. j. w. Strother, de
xscd that it was the settled purpose of
a majority of the people not to let Moo
dy escape without puuisbmeut. Will
iam L. Miller deposed that the trial
was conducted with great deliberation.
Plaintiffs witnesses were sent for. De
ponent knows of one witness who resi
ded forty five miles from Brownsville.
Members of the Court men of delibera
tion, age. and riioderalion. .Deposi
tions were also read alledging that Dr.
Oldham and Mr Owens were only spec
tators at tho trial Defendants here
rested ' . , .
.j.