Sunday, May 26, 2013

1866 - Another House of Ill-Fame

Mag Hayden was fined fifty dollars by Commissioner Richards this morning for keeping a house of ill-fame.  Mag stated that she intended to appeal, for times were hard, etc., etc., whereupon she was committed to prison for six hours for contempt of court, and was conducted to a seat in the jail yard, where she shed tears of mortification.
Originally posted in the Public Ledger, July 9 1866

The Confederate Dead Commemorative Oration 1866

One of the most touching ceremonies which has probably ever taken place in this community, was offered by our noble women yesterday to the gallant dead who fell in the defense of the Lost Cause.  Those great men have left us, but their memories will be cherished in the hearts of the South as long as love and affection finds a place in the breasts of the people.  As the mother loves the memory of her child, so will the South cherish the remembrance of her sons who died in the defense of the cause she called them to uphold. There is nothing more touchingly beautiful than to spread flowers over the graves of our loved ones.  The custom is practiced to a great extent in France and Italy, where for years and years the lovely hand of woman weaves floral wreathes for the tombs of the cherished dead.  Those love offerings to the departed are tributes of the noblest minds, and mementoes of the worthiest hearts.  

There was a large number of our worthy women at Elmwood yesterday.  Some to honor the grave of a son, a husband, a father, a brother, a lover--and the stranger was not forgotten.  Mothers and sisters, who live far away, you have the consolation of knowing that your loved one was remembered.  The hand of a sister ornamented his grave with floral offerings, and wept at his fate.  Mothers, your boy is dead, but other mothers have honored his grave and wept the motherly tear over his mound.  While the graves were being decorated a little incident occurred heightened the sadness of the moment.  The young ladies of the State Female Academy, numbering considerably over a hundred, entered, walking two and two, and deposited wreathes of flowers over the head-boards of "our gallant dead."  It was done in silence; but, oh, the action was so tender that it brought the involuntary tear to the eyes.  

The resting place of the Confederate dead is on the eastern slope of the cemetery, and about eight hundred braves lie side by side, "sleeping the sleep that knows no waking."  The spot is regularly laid off.  In the center stands a temporary wooden obelisk, which was tastefully decorated with flowers and evergreens, and on each side were the words --"Our Gallant Dead," skillfully woven in arbor vitae, above which was a beautiful cross of evergreen. Over one of the humble graves were strewn a quantity of lovely white flowers, and a card, which speaks language that only a woman could utter.  It was very tender, and sent a thrill of sadness to many hearts who read it; and it will speak volumes to the mother who knows not where her darling lies.  She will find consolation in the thought that some kind hand has cast flowers over his grave.  The card read:  "I consecrate these flowers to the unknown dead, who fell nobly struggling to be free; while deep in y heart bloom fragrant and imperishable memories of his heroic deeds--Miss Mollie Terry."  

At the conclusion of the tribute offering, the visitors together around a stand placed there for that purpose, and after an appropriate prayer was delivered by the Rev. Dr. Allen, Dr. Ford came forward and delivered the following address.

"Before this gathered throng, which respect for our heroic dead has brought to this sacred spot, I know not what I shall say.  The occasion speaks for itself.  We are amid the sacred mounds where sleep our honored dead, and I would rather listen to the lesson they teach as they speak to us, and to which the world must listen.

In a marble crypt of an obscure chapel near Claremont, England, repose the remains of a venerable man, who for eighteen years held in check the wild passions of France and gave peace to England.  Constantly loving hands weave flower wreaths about his tomb, which syllable these tender words: "Regrets Eternal! Regrets Eternal!"  It is the grave of Louis Phillippe.  In a foreign land, amid crushed hopes and ruined fortunes, the once powerful monarch fell asleep; yet, on his far-off, humble grave affection places its renewed tribute, more touching, more sublime than towering shaft or gorgeous monument.

We have come here today, fair country-women, not to stony crypt nor monarch's tomb, yet with hearts as full and affections as deep as ever mourned for fallen greatness, to wreathe our immortelles on the graves of our dead heroes, and the sweet breath of spring flowers whispers our unspoken sorrow:  "Regrets eternal! Regrets eternal!"  To their memory I dedicate these improvised lines:

  In rank and file, in sad array,
  As thro' their watch, still keeping;
  Or, waiting for the battle-fray,
  The dead are round as sleeping.

  Shoulder to shoulder rests each rank,
  As at their post still standing;
  Subdued, yet steadfast, as they sank
  To sleep at Death's commanding.

  No battle-banner o'er them waves,
  No battle-trump is sounded:
  They've reached the citadel of graves,
  And here their arms are grounded.

  Their hallowed memory ne'er shall die,
  But ever fresh and vernal,
  Shall wake from flowers the soft, sad sigh,
  "Regrets--regrets eternal."

A year has passed since the curtain fell on the dread drama in whose early scenes these dead were actors.  Let us pause a moment, and recur to the opening of that drama.  How fresh are its incidents.  A word reproduces them in all their living, stirring reality.  The country excited!  The call to arms issued!  The young and brave mustering!  We seem them as the day of departure arrives.  Throngs are gathered.  The banner, woven by fair hands, is presented, amid shouts and tears.  Partings.  Farewells.  The mother's fond embrace; the father's tearful "God bless you."  The word to advance is given, and they are gone; gone to the front; gone to the trenches; to the cold and weary watch; to exposure and disease; gone to mingle in the bloody fray, as fearless, as brave, as buoyant hearts as ever bounded forth at duty's call.  Shall they return, and how?  Let the scenes of the last four years answer!

  "The air is full of farewells to the dying,
     And wailings for the dead;
   The heart of Rachel for her children sighing
     Will not be comforted."

Ah! many of them sleep on Belmont's bloody field; around Columbus and Bowling Green, and Chickamauga, and Franklin; as noble, glorious dead as ever died.  And some of them sleep here--General Preston Smith, Colonel Preston, Colonel Kit Williams, Captain Hamilton, Captain Sterling Fowlkes, Major Ross, Captain Eldridge Wright, John Apperson, the two Donaldsons, Willie Flournoy, Hall Flournoy, Bob Cox, Willie Wills, Captain McDonald, Billy Hart, young Stokes, West, Yancey, Rawlings, Harris, Willie Shields, G.W.Dent, Heiskel, chaplain of the 154th, and numerous others we cannot call.

   "Hail! all hail! the patriot's grave--
       Valor's venerable bed:
    Hail! the memory of the brave:
       Hail! the spirits of the dead."
  
   "Time their triumphs shall proclaim,
       And their rich reward be this;
     Immortality of fame--
       Immortality of bliss."

But while we dwell with tender interest on the memory of our own loved dead who rest here, or in their unknown graves at Shiloh or Chickamauga, we will not forget those who lie here with us in our "silent city," far from the home of their childhood.  They came from Texas, from Louisiana, from Arkansas, from Mississippi and Missouri--went forth as ours did, from the towns and cities of their native states, followed by the prayers and blessings of yearning hearts.  They were brought back to our city from Belmont and Shiloh, and died in our midst; in the Overton and the Irving hospitals, and many in your own households, they were watched and tended by the women of Memphis.  Their last farewell whispers were caught by you and transmitted to anxious friends and distant homes.  We closed their eyes in death and followed them to this sad spot.  Away from friends, they were not friendless.  Weeping parents, whose soldier boys sleep here in graves untended by your care, your sons were watched when wounded and dying--are remembered though dead, and on their mounds we place the votive offering of Spring's floral tribute.  Nor will we be censured even by those who opposed us in the conflict, for this token of regard for the fallen.  These men went forth at the call of their states.  They were prompted by a lofty sense of duty.  Their courage and endurance were made glorious by principle.  They believed they were defending their country against unjustifiable invasion, and they acted from this conviction.  And though they had never felt oppression, and though the causes which aroused them to action may not have been sufficient in themselves to have justified the struggle, yet says the great Webster of the revolution of '76:  "Those fathers accomplished the revolution on a strict question of principle.  The Parliament of Great Britain asserted the right to tax the colonies in all cases whatsoever; and it was precisely on this question they made the revolution.  The amount of taxation was trifling, but the claim itself was inconsistent with liberty.  It was against the recital of an act of Parliament, rather than against a preamble.  They fought seven years against a declaration.  They poured out their treasure and their blood like water against an assertion which those less sagacious, and not so well schooled in principles of civil liberty, would have regarded as a bare phraseology or mere parade of words.  On a question of principle, while actual suffering was yet far off, they raised their flag against a power whose morning drub-beat followed the sun, and keeping company with the hours circled the earth with the continuous strains of martial airs of England."

And was that conflict on account of "a bare preamble," "a mere declaration," glorious, and our struggle, for what appeared to us a great principle, criminal?  Tell us, immortal Webster; tell us, ye voices of history, did those who went forth to battle for more than a "preamble," or "a declaration," commit treason, Infamouns, Unpardonable? No! no!! They sleep in no dishonored graves.  They are to us, and ever will be, "the patriot dead."

Standing here today, amid thier quiet resting placed---subdued---sorrowful--feeling "That mystery of woe the tongue can never speak," we solemnly avow that with us, the conflict is ended.  We abide the issue.  Beside our loved dead, in these same solitudes, repose the foemen who met them in the living strife.  These, could they speak, would not be the men to insult the memories of those who so manfully encountered them on the bloody field.  In the words of Scott:

  "The solemn echo seems to cry,
     Here let their discord with them die;
   Speak not for them a separate doom
      Whom fate made brothers in the tomb."

But, if this be denied us, if the discord is not to die, if humiliation and punishment are to pursue us, we ask the poor privilege of cherishing the memory of our dead, and mingling our tears with the flowers we spread over their graves.

On one of Switzerland's loveliest lakes, on an annual festive day, are seen a thousand light boats skimming the waters, and landing at a consecrated spot where stands the chapel of William Tell; the day is spent in festooning with fresh flowers the broken column that perpetuates his memory and records his daring deeds.  So let us come annually here to call up the memories of our brave Confederate dead, and wreathe around their lowly graves flowers that shall syllable:

"Regrets eternal!  regrets eternal!"  The memory of the brave shall never die.

Wednesday, May 22, 2013

Memphis In May 1857

The following letter appeared in the Memphis Daily Appeal, May 22, 1857, from a woman named Ella Kay.  Miss Kay was from New York and had made the trip to Memphis not very willingly due to the bad impression she had of Memphis and her citizens.  As for her reference to pigs "slowly promenading" around court square the only pigs you'll find these days at Memphis in May are those being served up at the Memphis in May bar-b-que contest!

THE MEMPHIS CELEBRATION
From the Journal of Commerce)
       Memphis, Tenn., May 5, 1857

My Dear Journal:  never have I had a more delightful surprise than that which met me in Memphis.  I had read much of the rapid progress of this young city, but I did not--could not realize that it was a place of such importance.  We of the northern cities never can realize the greatness of this southern and western country until we see for ourselves, and not with the eyes of another.  Now that the last link has been--not, broken but united--which joins the Atlantic cities and those of the Mississippi, we may non of us be excusable for ignorance on this point.  It was against my will, my dear Journal, that I made this Memphis visit--(we women do sometimes yield our wishes to those of others)--and I supposed a "Railroad Jubilee" in Memphis would be rather a forlorn affair.  While I am in the confessional I may as well make a clean breast altogether, and acknowledge that I had formed a hasty judgment of Memphis, from having seen a few of its citizens make what is vulgarly, but very aptly called a "splurge," in my beloved city of New York; and I set them down as a class of purse-proud, extravagant men, and face-painting, gaudy-dressing, empty-headed women.  I am ashamed to confess so much, and I acknowledge that it was narrow-minded in me to entertain such ideas of Memphis people, from having seen the "antics" of Mrs. --- ----, and others of that type, as it is for southern persons to imagine that all the northern ladies are in love with Fred. Douglass, and prefer his society to that of their fathers and husbands.  I am certain that in describing my own impressions I am describing those of a very large number of persons from the East and North who have just made their first visit to the shores of the Mississippi.  with these feelings I entered Memphis; and as I toiled up the river bank, and was politely assisted into the hack by one gentleman, while another held an umbrella over my head to protect me from the rain, I inwardly ejaculated; "Just what I expected !--clay bluffs, and short streets, mules, cotton bales, and short white houses, looking up to tall brick ones!"  But I said nothing to dampen the ardor of my companion--and how glad I am that I did not !

And nor for our lodging.  We tried the Worsham House--we tried the Commercial--we tried the Gayoso, (which was like everything in America, according to Mr. Dickens, in a state of "progression")--we tried Mrs. Smith's--(relict of the lamented John Smith, I presume)--we tried all the boarding-houses--but in vaine.

Before we were fairly housed (Mem?, the polite hack-driver, demanded only $5 for our ride) chance led us into the presence of one of the handsome Colonels who composed the Committee of Reception, and through his exertions, we were kindly received and hospitably entertained by one of the ladies of Memphis--a true Southerner in all things--beauty--intelligence--wit--and charming manners.  I did not acknowledge all this at first.  She made us feel really at home, and though before her door opened, I felt like the greatest of intruders upon a private family, yet in a short time, I felt almost as though I was conferring a favor upon her--instead of the obligation being the other way.  Was not that a triumph of true politeness?  I shall never forget her  kindness, and am truly thankful that I was so soon forced to give up my false impression of Southern society.  On the way to this kind lady's residence, my companion called my attention to Court Square,--"Court Square!"  Your imagination depicts a scene of moral beauty, aided by art,--lovely walks, elegant statuary,--fountains sparkling--but the reality is, a small patch of grass and trees, the ground covered with wide seats, and a kind of extemporaneous "speakers' stand"--and tell it not in New York,--still less in Philadelphia,--without a vestiege of  enclosure! pigs slowly promenading, cows thoughtfully grazing, and a mule or two, standing motionless and stubborn, unmindful of the rain.  Even C. began to look amazed, and exclaimed, "what can they do to-morrow, in such a place as that.  And if this rain continues, how can they avoid postponing the celebration?"  The majestic Colonel smiled condescendingly, and replied, " the celebration cannot be postponed, on any account."  So that was decided.  We were welcomed by our hostess with the sweetest of smiles, and a warm grasp of the hand.  Even the glowing fire sent forth a sparkle of welcome, lightning up the rich crimson curtains, bringing out the roses on the velvet carpet, and flashing back from the picture frames and mirrors, until I almost forgot how dull and gray all looked, out of doors.  Our host pressed C. to take a room in his house, but he declined, with many thanks.  He found lodging with a great number of others in the upper rooms in the fine building in which the firm of Candee, Mix & Co., carry on their dry-goods business. These gentlemen kept "open house" on this occasion, and many shared their accommodations who would have had to leave the city otherwise.

The 1st of May dawned clear, and became brighter every moment, until there was nothing to remind one of the rain, unless we chose to look at the ground--and who would do that, when there was so much that was more agreeable to look at, above the ground?  We had a fine position for seeing the procession, as it formed in the Square, and after marching around it, passed directly up the street.  A tall, long-haired individual, belonging to the establishment of Candee, Mix & Co., gave us a hint occasionally, as to who were passing--so that we could soon distinguish the different military and fire companies, and the most honored guests.  How differently Court Square looked!  Now it was a shifting scene of gay beauty; one moment a mass of ladies and children, looking like a bright flower garden--at another filled with manly forms in handsome uniform--the mass of figures on the pavement, in the windows, the balconies--everywhere such a sea of silks--such an avalanche of broadcloth, and oh! such beautiful faces,. that I wished myself a man--just for the pleasure of trying to decide which was the prettiest, so as to fall desperately in love--perhaps you think that I did the next thing to it, and fell in love with some of the aforesaid "manly forms," But I confess that I preferred my little New York friend,) who accompanied me and my aunt,) to all that throng of splendid looking men.  Still, I must admit, there is something rather sublime in those immense whiskers, so much the fashion in the South.

I cannot give you much idea of the number of persons present, but some say there were 50,000.  I suppose the papers will afford you a better description, and the number of spectators, than a "feminine" could--so I will only say that the whole immense mass proceeded in carriages and on foot, to the Navy Yard, where, about three o'clock, a most sumptuous repast was set out by Joseph Specht, confectioner.  Such extensive eating arrangements I never before witnessed.  I can readily credit that there were preparations made for 50,000 persons.  The ornamental part was by no means neglected, and there were numberless specimens of fine confectionery on the tables.  The way in which full dishes replaced empty ones, as fast as they were needed, was like magic--and all so quiet and orderly that it seemed like a first-rate hotel dinner.  I believe every one got plenty to eat, and I saw many devoted mothers carrying away handkerchiefs full of oranges and cakes to their interesting little families.  I heard it remarked on all sides, that the day passed without a single disturbance of any kind, and only one intoxicated person did I see, in all that vast throng of people of all grades and tempers.  Some of the happiest and most smiling faces I saw were those of the colored population. One of them exclaimed, "Bress de Lord! we will have a chance to trabble now, as well as de Miss' and Mas'r--dis railroad aint none of dem ablitioner railroads what runs under de groun' and carries de niggers away from deir own folks."  So it seems even the blacks have some idea of the benefits of this railroad.  (By the way, the colored people here are about as independent as any class I ever saw, and do not seem to be near so hard working as our hired girls North.)

On the evening of Friday there was a large ball at the Exchange buildings, and a splendid display of fireworks from the bluff.  The latter were truly beautiful.  A handsome arch spanned Main street, which was a brilliant affair, having the initials of the four railroads which radiate from Memphis, in blazing letters.  From the center of the arch, a chandelier made of evergreens hung, and the arch was festooned with the same, while three flags surmounted the whole.  We stopped in the Odd Fellows' Hall for a few moments, where a fair was being held for the benefit of the Cumberland Presbyterian Church.  The crowd was so immense that we got out as quietly as possible, and returned to the residence of our kind entertainers.

Of the Saturday's celebration I will not now speak, as I have already trespassed upon your indulgence, while I have given vent to my personal feelings instead of giving you the full particulars of all that was said and done on the occasion.  I have not mentioned the names of the orators, or even said anything about the great benefits that will result from this connecting of the East and the West--because abler pens than mine can express all that I feel better than I can, and because you will have heard and read all about that, long ere this reaches you.  Whether mine comes too late or not, I am, dear Journal, your friend and admirer.
                                                                                  Ella Kay.


Monday, May 20, 2013

Memphis, Come Test Your Teas 1873


The only place in this city that you can test your Teas before you purchase is at the Memphis Tea Co.'s Store 365 Main Street.  C.H. Pomeroy & Co., Prop's.

Advertisement from the Memphis Daily Appeal February 23, 1875.

Sunday, May 19, 2013

Reception of the Black Veil, 1869

INTERESTING CEREMONY
---
Reception of the Black Veil by Three
Dominican Sisters at St. Agnes Convent on 
Sunday Morning
---

Editors Ledger: Through the kindness of Mother Mary Joseph, Superioress of the Convent of St. Agnes, in this city, I was permitted yesterday morning to witness, at that institution, the solemn ceremony of the Reception of the Black Veil by three Sisters, who had previously received, at St. Peter's church, the Habit of the Order of St. Dominic.  The services consisted of a grand High Mass, chanted in touching and impressive tones by Rev. Father Fortune, assisted by a choir of the Convent Sisters, who sang the Kyrie Eleison, Gloria in Excelsia, Veni Sancte Spiritus, as well as psalms and hymns appropriate to the occasion, in such concord of sweet sounds as filled the hearts of all present with the purest feelings of devotion.  It was a scene that the best-gifted mind in the world might admire--a scene, in fact, that an angel might rejoice over--so simple, and yet so majestically grand--so quiet, and yet so full of moving melody--so formal, and yet so devoutly sincere--so seemingly sad, and yet so full of soul-joy, of illumined Faith, of Hope clinging to a thousand rocks, of Charity lifting the humble and oppressed from the depth of darkness into the effulgence of light--a sublime grouping of pious souls and wholesome sentiments formed by the teachings and discipline of a Christian church.

After Mass, the three Sisters--formerly known among their relatives and acquaintances as Miss Marian Owen, of Canda, Miss Fanny Keenan, of Canada, and Miss Agnes Leister, of Ohio, but now separated from the world and its vanities, and known among the Sisterhood of the Order of St. Dominic as Sister Martha, Sister Mary and Sister Mary Agnes-knelt before the Mother Superioress, who was seated on a chair near the altar of the Convent chapel, and repeated in succession their last vows, and signed and sealed them in the presence of witnesses, according to the customs and usages of the Order from the establishment of the Convent of Prouille in 1206 to the present time.  The Superioress then arose from her seat and adjusted in due form the Black Veil on the head of each Sister, when, after suitable prayers and short sermon by Father Fortune, and the singing of the Veni Creator by the choir, the ceremony ended.

This going out of the world into a cloistered life by ladies calculated to adorn society may seem like a puzzle to some who cannot see in every movement of humanity the workings of a Divine Providence.  But does a lady who he becomes a Sister and enters a convent actually leave the world?  Not at all--she only strips herself of a series of useless vanities and puts on a habit of usefulness; she leaves behind her all the caprices, vexations, sensations, annoyances, pleasures, pastimes, and thousand and one little trifles and troubles which make up the life of the fashionable belle, the woman of fortune, or the "splendid girl" of the period, and enters into a life of serenity, happiness, humility, tenderness, joyousness of soul, meekness of heart, and never-ceasing charity; to assist the needy, to feed the hungry, to clothe the naked, to soothe the suffering, to lead the young mind into the paths of honor and virtue, and to be forever doing good to somebody.  Although her face may be hid from the world, her benevolent acts are felt in it, and will take root and sprout, and bloom into beautiful blossoms, shedding fragrance here and there for the benefit of society.  What would the world be were not some men and women called by a wise Creator to follow as near as possible in the steps of the Great Teacher and his disciples?  A terrible chaos of darkness and infidelity.  The breath of life in a tabernacle of clay, even under the mellowing influences of civilization, is a wild and wayward element that cannot be subdued save by the powers of Christianity and a system of education that softens the passions.  How often do we see it fume and fret and mount into billows of wrath like the ocean, and grow dim and dismal and send forth a whirlwind of spleen like a tempest; and then when its rage exhausts itself, it gradually lulls into a sweet calm, and the mind becomes placid as an unruffled sea, and the eye looks as lovely as unclouded sky, and the heart, grown tender after the tumult, feels the touch of something divine within it.  But this is the feeling of the well-trained Christian heart, whose rage is the work of the Spirit of Evil, and whose calm is the work of the Spirit of Goodness.  And how many are lost for the want of Christian training, and whose Spirit of Evil is allowed to run roughshod over the Spirit of Goodness, lacerating all the fine feelings of humanity, and making man, instead of hal-angel, half devil, wholly a demon.  And what a glorious thing it is for society that intellectual women can be found who are willing to enter into fields of labor, such as convents, asylums, hospitals and homes of charity, and devote their lives to the education of youth, the helping of the feeble, the raising up of the wretched, and the spiritual instruction of the ignorant, so that the Spirit of Evil may be subdued and the Spirit of Goodness cultivated in such a manner as to produce that calm in the Christian's breast which is as beautiful as a placid sea and as lovely as an unclouded sky.
                                                                                                       Jonah.
Originally posted in the Memphis Daily Appeal August 18 1869.

Saturday, May 18, 2013

He Was a Christian Chinaman, 1898

Wang Chung Buried
Laid Away in Elmwood with his Earthly Effects.
He Was a Christian Chinaman
---
His cousin, Willie Foo, Likewise a Christian, of 
Dallas, Tex., Came to Memphis on Hearing of
Chung's Serious Condition.
---
Wang Chang Chung, the Chinaman who died Tuesday after a long illness with consumption, was buried yesterday afternoon from Walsh's undertaking rooms.  He was a Christian and received a Christian burial.  His cousin, Willie Foo of Dallas, Tex., came some days ago to look after his kinsman, and when he found that Chung was so near the end he remained with him until he died.  Chung had other kinsmen in Dallas, who have paid his expenses incident to a protracted illness.  His wife and family are in China.  There was no ceremony at the undertaker's.  The Chinamen present and a few Americans viewed the remains and the lid was fastened and the coffin placed in the hearse.  At the grave after the coffin had been lowered the Rev. W.T. Hudson made a few remarks appropriate to the occasion and offered prayer.  When a foot of earth had been thrown on the coffin a package containing Chung's earthly belongings was thrown in the grave and covered up.  After the package had been thrown in, Willie Foo and an elderly Chinaman of this city, the only Chinese in attendance, got in a carriage and were driven back to the city.  at the head of the grave was a tall headboard bearing a Chinese inscription.  There was also a board with the same in English.  Willie Foo is a member of the Central Christian Church in Dallas, and when Chung was there he attended that Sunday school.  He has been in Memphis only two years.
First posted in the Commercial Appeal, October 27, 1898

Wang Chang Chung was interred at Elmwood Cemetery in what was, at that time, known as Chapel Hill Colored section.

Friday, May 17, 2013

The Extortion Trial of 1861, A Disappointing Verdict and The Wrap Up: Part 7


This is part 7 of a multi-part story.  For previous entries click on the links:

Apparently the trial has run its course, at least as far as the media was concerned.  For several days there were lengthy reports as you have seen in the previous posts but on August 14, 1861 the Memphis Daily Appeal had relegated it from a headline story to a small entry:

The Extortion Case.--The whole of yesterday was spent by the attorneys in this case in speaking.  The pleadings were opened by John Sale, Esq.; he was followed by Messrs. Payne, Farrington, King and Yerger.  Mr. Yerger did not conclude last evening but will resume this morning, to be followed by Attorney-General Etheridge who will close the case.  Judge Swayne will then deliver his charge to the jury who will retire to consider their verdict.

The following day, August 15 1861, is another brief entry regarding instructions to the jury and the fact that it might possibly be a hung jury:

The Extortion Case--Mr. Yerger finished his speech in this case yesterday morning, and Attorney-General Eldridge closed with one of his best efforts.  Judge Swayne, in a concise and lucid charge, committed the case to be the jury, who, about noon, retired to consider their verdict.  It was said last evening that very wide, differences of opinion existed among them, and fears existed of a "hung jury."

The jury deliberated for a few days without success and on August 18 1861 the Appeal reported:

The Extortion Case--In this case the jury have not yet agreed upon their verdict.  On Friday evening they sent a communication into court, stating that no change had taken place in their minds since the first evening the case was given into their hands, and that there was no hope or probability of change on the part of any one of them.

The great extortion trial which captivated many with its salaciousness ended in a mistrial as reported on August 28, 1861, "Chas. N. Martin--Indictment for extortion. Mistrial."

What happened to the players in the case?  As reported previously Dr. Samuel Martin continued to have a booming career as a doctor until his death on August 17, 1869.

As for Captain A.B. Shaw, the following notices appeared in the Memphis Daily Appeal on September 27, 1861, a mere month after the trial:

Capt. A.B. Shaw, one of the old citizens, who has for many months been suffering from disease, died yesterday morning.  He was well known and much respected for his kindly unselfish disposition; and his many acts of generosity and charity.  He was for many years the proprietor of the wharf boat at this place, being originally in Partnership with Capt. Hart.  By industrious attention to business, and by the advance of real estate in the city, he became possessed of considerable wealth.  He was fifty four years of age.  His remains will be interred this morning.  The funeral procession will be formed at his late residence on Union street.

DIED in this city, Capt. A.B. Shaw, aged 54 years.  The friends of Capt. A.B. Shaw are requested to attend his funeral, at his residence, on Union street this afternoon (Friday) at 3 o'clock.  Services by Rev. Dr. Grundy.

Marriage License for Ellen Shaw and
Calvin D. Hart
As for Charles N. Martin, I have found references to a Charles Martin, a Charley Martin and a Charles N. Martin in Newspapers but I can't confirm that any of them are the same Martin in this case.  There is a C.N. Martin in the 1870 Census who is the right age and from Massachusetts living in Memphis with the occupation of ice dealer.  In 1862 a short write up about a Charles Martin shows up in the Memphis Daily Appeal where he was charged with fighting and fined $25.  Another Charles N. Martin shows up in newspaper reports in 1867 and is said to be a "very efficient constable" and in the same year was the foreman on a jury.  

And what of Ellen Shaw? In 1863 she married a man named Calvin D. Hart.  I have not been able to
confirm if he was any relation to the Capt. Hart that Capt. Shaw had been in business with previously.  

Other than the marriage certificate the only other evidence of Calvin's existence appears in Memphis City Directories where he is listed for 1865-1867.

From this point until the time of Ellen's death in 1867 life seems to be smooth, that is to say that the name of Ellen Shaw Hart does not seem to appear in any local newspapers.

Then on Sunday, April 21, 1867 the following notice appears in the Memphis Daily Appeal:

HART--At her residence on Union street, at half past one yesterday, Mrs. Ellen J. Hart, formerly Mrs. Ellen J. Shaw, wife of the lamented Capt. A.B. Shaw, aged 39 years and 6 months.

Friends and acquaintances are invited to attend the funeral from her residence on Union street, Sunday, April 21, 1867, at 3 p.m.


It seems odd to me that her death notice makes note of her deceased first husband but does not mention her current husband Calvin Hart nor her two surviving daughters Samuella and Mary.  Ellen Jane McLean Shaw Hart was interred in the private vault of Captain A.B. Shaw along with her mother and the seven children who predeceased her.

The very next month a notice is published regarding the estate of A.B. Shaw and the case of C.D. Hart and Ellen vs. Samuella Shaw and others;


Having taken out letters of administration on the estate of A.B. Shaw, deceased, I hereby notify all persons having claims against said estate to file the same in the Chancery Court, in the case of C.D. Hart and wife Ellen J. versus Samuella Shaw and others; and all persons indebted to said estate to make payment to myself.  J.E. Merriman

336 Main street, corner of Union

Only history knows if there was a dispute between the two remaining Shaw children and Calvin D. Hart over the A.B. Shaw estate.   Over the course of the next eight months a Trustee's Sale notice appeared periodically regarding the sale of Shaw's property but as for who benefited from the sale we'll never know.

Calvin D. Hart disappears leaving no paper trail.  

Samuella and her sister Mary are next found at a boarding school in Pennsylvania.  Samuella finds a life in religion  and becomes a teaching nun. She dies sometime after 1930 in Massachusetts.  Her sister married a man by the last name of Farley.

And that ends the Extortion Trial of 1861.









Thursday, May 16, 2013

The Extortion Trial of 1861, She has been considered light & extravagant: Part 6


This is part 6 of a multi-part story.  For previous entries click on the links:
The Extortion Trial of 1861, Introducing the Shaw Family: Part 1
The Extortion Trial of 1861, Jury Selection & Questions about Ellen Shaw: Part 2
The Extortion Trial of 1861, Sex, Lies & Money: Part 3
The Extortion Trial of 1861,Who Was Dr. Gilbert: Part 4
The Extortion Trial of 1861, Testimony of Capt. Shaw & Questions About His Wife's Character: Part 5

Today's testimony is from the Memphis Daily Appeal August 13, 1861:

TRIAL FOR EXTORTION!
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Conclusion of the Testimony!
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Fourth Day's Proceedings
The trial of Charles N. Martin, charged with extortion by means of threats to take the life of Dr. Samuel Gilbert, was proceeded with before Judge Swayne yesterday morning.

It will be remembered that on Saturday evening the defense declined to bring Mrs. Shaw forward as a witness, and that the prosecution claimed that they were bound to do so by an agreement made withthem, when they consented to permit Mrs. Shaw to be severed from Martin in the trial.

Judge Swayne stated that he had every desire, if consistent with the nature of the case, to exclude the testimony in question, but the character of the prosecutor had been assailed in the testimony, and he thought it must be admitted.

Mr. Yerger contended that the prosecutor was not on trial for a rape, and unless he was in that position, the character of Mrs. Shaw for chastity could have nothing to do with the matter.  It was also pleaded that a woman of infamous character, the commonest prostitute, may be the subject of a rape, and therefore, whatever may be the character of Mrs. Shaw, the present case is not affected by it.  He also objected that the testimony which brought up the question of rape was brought out by the prosecution itself, in the cross-examination of Capt. Shaw.

Mr. Farrington reminded the speaker that the defense brought out testimony that Mrs. Shaw was heard to scream, and that conversation had been heard to the effect that Mrs. Shaw had been insulted.

Attorney-General Eldridge observed that the defense had questioned Dr. Gilbert as to certain delicate matters.

Mr. Yerger went on to show that the defense was that the accused was not guilty of extortion, but that the money offered and given by Dr. Gilbert, was given voluntarily to obtain silence with respect to certain proceedings of his.  The character of the proceedings between Dr. Gilbert and Mrs. Shaw does not effect the result.  Whether Dr. Gilbert offered the money to obtain silence respecting a forcible rape, or respecting an act of adultery in which the woman was a consenting party, as far as the defense on the trial is concerned, it is the same thing.

Mr. Farrington followed, contending that the defense had asked of Dr. Gilbert when under question, if he did not have ulterior intentions, and also that when the witness was on the stand they had not objected to the course of cross-examination taken by the prosecution.

Attorney-General Eldridge said an application had been made by the defense for a severance of the parties indicted, on an affidavit; that affidavit was not forthcoming.  The motion for a severance was heard upon the necessity that existed for having Mrs. Shaw's testimony; if that testimony was not admitted, the testimony of Capt. Shaw ought to be ruled out, and he asked that it should be so.

Mr. Sale admitted that thee was no case on record having precisely the point in question; he argued from analogy.  If it was assumed that violence was offered Mrs. Shaw, because she screamed, it was competent for the prosecution to show that she was of a character not likely to scream on an occasion such as that which is assumed to have existed in the present case.

Mr. Brown said the prosecution had themselves brought out from Capt. Shaw all that the defense wished to show by Mrs. Shaw's defence, and now, from prudential and other reasons, the defense preferred not to call her as a witness, yet the prosecution wished to force them to do so.

The attorney-general denied that any attempt was making to compel the introduction of Mrs. Shaw.

Mr. Brown argued at considerable length that Mrs. Shaw, not being a pasty on the record, or a witness, her character could not be called in question.

The court was of opinion that it was not necessary for the defense to introduce testimony to show evidence, but as they had done so, testimony to rebut the imputation of evidence must be admitted.  The court was reluctant to admit imputation of character, more especially in a collateral way, but the peculiarity of the circumstances made it necessary.  The witness must be called.

J.D. Williams was recalled, having been on the stand on Saturday, on which occasion the kind of testimony attempted to be drawn from him--which was as to the character of Mrs. Shaw--was objected to.  Mr. Williams said: I am acquainted with the character of Mrs. Shaw for virtue and chastity; it is bad.

Cross-Examined by the Defense:  My acquaintance with Mrs. Shaw's character as a notorious woman goes back fifteen years and extends to the present time.  I have known my partner, Mr. Lemmon, to speak of it lately; also Dr. Gilbert--the latter is not the principal source of my information; he has frequently spoken to me of it within the past year, but mostly within the last two years.  I do not remember other persons who have spoken to me on the subject, but her character is generally notorious.

H.C. Dollis:  I know the general reputation of Mrs. Shaw for virtue or chastity as it stood in 1845; it was considered, among the class in which I moved, not so very good.  She was considered as prodigal, and as having injured her character before her marriage.  I could not tell her reputation as to having resided in an improper house in Cincinnati.

Cross-Examined:  I suppose she has been married ten or twelve years; I know nothing of her reputation since, but I have heard it remarked on the streets.  I am acquainted with the general character of Dr. Gilbert for morality, chastity and virtue; he is good at curing old sores and charging mighty high, and I have heard a great many people speak of it in other points--some say he is a good man, some say he is rather handy in that way; I have heard people say he was a mighty nice man and a good doctor; I have heard people talk on both sides.

W.R. Smith: I have lived here twenty-one years; Mrs. Shaw's reputation has not been good; from what I have heard during the last twenty years, it is bad; 1842 was the time I first heard of her; I have heard she  sort of reformed a little while back; I have not heard whether she held on to it; it was said she reformed somewhat, after Capt. Shaw married her; but I do not mean to say she had no bad reputation during that time; I heard she held off a while; since her marriage I have heard people speak of her badly; the general opinion is that she is a woman wanting in virtue; she was not believe to have reformed entirely after her marriage.

W.C. Anderson: I have lived here since 1855; Mrs. Shaw's reputation is bad; Dr. Gilbert's reputation is good; I have never before heard his character questioned; he has been looked upon as a moral and religious man.

W.B. Miller: I have lived here twenty-five years: Dr. Gilbert's character has been good, for morality and chastity; Mrs. Shaw's character I have heard impugned very often.

Jas. M. Flaherty:  Mrs. Shaw's character is rather bad; I know her, she was at my store lately; so was Mr. Martin.

A question was here put by the prosecution to witness, respecting martin having got the blank notes from him?  It was objected by the other side that the question could not be asked, the examination in chief being concluded.  The prosecution said that this, and some other testimony of an important character, had only come to their knowledge since the closing of the examination in chief.  Affidavits were handed the judge in support of the application, and authorities were cited.  The question was laid over and the defense proceeded to cross-examine the witness, who said:

I have heard Mrs. Shaw spoken of lately and years ago; I do not know she ever was married, I suppose she was; I know Dr. Gilbert's character and have heard nothing against it.

S.B. Williamson: Dr. Gilbert's character is good as far as I know for virtue and chastity.
J.N. Moon:  Dr. Gilbert's general character is good for chastity and morality;  I bought two notes of hand from him about the 1st of August; it was nine or ten in the morning.  The transaction took place in Bayliss' office on Madison street; I think he was alone; he had proposed to trade me the paper the day before; he did not say what he was going to do with the money.

F.W. Smith:  Dr. Gilbert has had a good character for morality, chastity and virtue, for twenty years.  Mrs. Shaw's character for chastity is bad.

W.H. Grider:  Mrs. Shaw's character for morality and chastity has been bad for the last eighteen or nineteen years.  Dr. Gilbert's has been good.  I belong to the Methodist Church.

Dr. Shanks:  Dr. Gilbert's character for morality and chastity for twenty years I never heard anything against, and Mrs. Shaw's character for chastity and virtue were bad when she came; she lived a long time with Capt. Shaw without being married; when they were married it was by the influence of the Odd Fellows' society.  I have known little of her for many years; her bad character may have been owing to the circumstances under which she came here and lived with the captain.  I have never heard Dr. Gilbert's character called in question.

Eugene Magveney:  Dr. Gilbert's character for morality and chastity had been good for twenty years.  Mrs. Shaw's, since she came here, has not been very good, owing I suppose to her living with Capt. Shaw without being married.  Since her marriage, I have heard nothing against her, but she has been considered light and extravagant.

B. Graham spoke of Dr. Gilbert's character as good, of Mrs. Shaw's as the reverse.  Mr. Titus asked if a man could be considered to live a good life who lived by humbugging, and made a deal of money by it.  The doctor's moral character stands fair, his success was good at sore shins, but he made a great blow.  Mrs. Shaw was understood to have been a prostitute, and to have had children before her marriage.  Mr. F. Wade state: Dr. Gilbert's character is good; Mr. Connell said the same; Mr. Musso the same, but Mrs. Shaw's not very good.  Mr. Patrick said Dr. Gilbert's character was good; Mrs. Shaw's was not considered good; she lived with Capt. Shaw before her marriage, and had one or two children; he had lived near her twelve years, and heard nothing against her since her marriage.  Esq. Waldran: Dr. Gilbert's character is good, Mrs. Shaw's not good; Mr. Simmons spoke in similar terms, also Mr. Antoine; J.H. Swan never heard a good character of Mrs. Shaw at any time before or since her marriage.  Mr. Bayliss spoke well of Dr. Gilbert.  Mr. Whipple said Mrs. Shaw's character was bad.  Mr. Cleaves spoke of both parties as other witnesses had done; Mr. Green did the same, also Esq. Chase,  who said Dr. Gilbert had worked with him as a tailor; Mr. Ray spoke in similar terms of both; O.C. Jones spoke of Mrs. Shaw as before.

The court then decided that the testimony recently discovered might be introduced, and G.J. Richardson was called:

I was at Capt. Shaw's to tea on the 28th of July; Martin asked me for blank printed notes; he said Capt. Shaw wanted them; he went out with me; we got the blanks at Flaherty's; he got five or six others from em during the week; the kind he got from Mr. Flaherty were of the red kind now shown me.  It might have been three weeks before the 28th that the notes were obtained.

The court adjourned for dinner.

Afternoon Session.
The prosecution announced that they were through, and the defense proceeded to call their rebutting testimony.  Capt. Shaw was again called.  His condition was so weakly that on his reaching the court it became necessary to lay him upon the carpet, and sprinkle cold water upon his face.  On reaching the stand he was asked what were the social relations between his family and that of Dr. Gilbert.  After some objection to the question on the part of the prosecution, Capt. Shaw said:

I have known Dr. Gilbert twenty-two years; in 1845 my wife's sister, Eliza McLean, and Dr. Gilbert's daughter, now Mrs. Kennedy, went to school together; when the weather did not permit her to go home, she came to my house; the families have visited ever since; they have been to my house twice where my folks have been to theirs once; Mrs. Kennedy visited my people when she was last here from New York; I suppose she was then staying at her father's; Mrs. Shaw sometimes visited at Dr. gilbert's, and his family visited us; the doctor and his wife called in June last and staid an hour; Mrs. Shaw's name before marriage was Ellen Jane McLean; she was born in August, 1827; we were married June 11, 1843, on board the steamboat, Gen. Pike, the big Pike, by Dr. Jno A. Hungary, Unitarian preacher of the District of Columbia at ----Ripples, on the Ohio river; I took her to board at Capt. John Rowes of Louisville, where she took music lessons; I had to leaver her there and could not again be with her for a time; I kept the marriage a secret for some time for reasons of my own; we came to live in Memphis in October after; I knew no more about her than I did about your wife, until after I married her; her mother made such a fuss about it that we were married a second time; the marriage certificate of Dr. Hungary was burned up on the steamer White; we were married a second time about the next October, by parson Coons, after my first child was born; Capt Joel Green was captain of the boat I was married on; the second marriage is on register here.

Cross-examined:  The first marriage is the one put down in my family register; the White was burned in 1850, I kept it till then; the Odd Fellows never got after me, my partner told me that something was said in the lodge about my marriage, this was four weeks after my second marriage; the second marriage was in a private house on Main street of Jacob Martin's, now torn down, it was not at my house; I think my wife's mother was with us this time; she thought that a marriage on the river was not good; my oldest living child will be twelve in October; my first child was born March 12, 1844; I had no child by my wife until I married her; when Dr. Gilbert's daughter went to school she staid very often at our house; within the last three years  Mrs. Gilbert has visited us three or four times a year, she has said she visited us oftener than any one else; I never sent my wife to Dr. Gilbert's for money.

A number of letters were shown the witness, all but one of which he recognized as being written by Dr. Gilbert; his council said they were introduced for the purpose of showing the intimacy existing between Dr. Gilbert and Capt. Shaw.  The prosecution said they were dated ten years since, and were merely business letters.  Dr. Keneday is Dr. Gilbert's son-in-law, and one of the letters was signed by him.

Dr Gilbert was recalled:  To the best of my knowledge my family has seldom been at Capt. Shaw's since my return from New York, and then reluctantly.  When the captain was sick he wished my wife and daughter to call and see him; Capt. Shaw's sister-in-law was a good little girl; she and my daughter were fond of each other as school-girls.

Both sides announced that their testimony was now all in, and Gen. Sale proceeded to open the pleadings, which will probably take up the whole of this day.  Messrs. Sale, Farrington and Eldridge, the latter closing the case, speak for the prosecution--Messrs. King, Payne and Yerger for the defense.

Wednesday, May 15, 2013

The Extortion Trial of 1861, Testimony of Capt. Shaw & Questions about His Wife's Character: Part 5

This is part 5 of a multi-part story.  For previous entries click on the links:
The Extortion Trial of 1861, Introducing the Shaw Family: Part 1
The Extortion Trial of 1861, Jury Selection & Questions about Ellen Shaw: Part 2
The Extortion Trial of 1861, Sex, Lies & Money: Part 3
The Extortion Trial of 1861,Who Was Dr. Gilbert: Part 4

Today's testimony comes from the Memphis Daily Appeal August 11, 1861:

TRIAL FOR EXTORTION!
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Evidence of Captain Shaw
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More of the Parlor Transactions
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Third Day's Proceedings

The proceedings against Charles N. Martin charged with extorting notes from Dr. Samuel Gilbert to the amount of $10,000, and a quit claim deed to the amount of $5,000, by threats against his life, was resumed in the criminal court yesterday morning before Judge Swayne.

S.T. Morgan was first examined:  I am agent in this city, by authority of Gen. Polk, to give passports to persons wishing to leave the city; on Monday last R.T. Bowling obtained passports for A.B. Shaw, his wife, children, and a servant, and also one for Martin, all to pass to Iuka, Mississippi.

Frank Sellers:  I am assistant teller in the Union bank: about August first Dr. Gilbert drew a thousand and some odd dollars on Mr. Moon's check.

F.W. Smith:  I am cashier at the Union bank.  Dr. Gilbert called lately, on one or two occasions, to inquire for a note he had on Capt. Shaw; it was the early part of this week; a man was with him; we did not have the note.

Wm. McLaughlin: I know Martin; he was a butcher in market four or five weeks; he quit that business some four months ago; I have seen him most weeks in market, often with a lady in a rockaway; I saw him in market on Saturday or Monday last.  He came to my stall with the lady I have seen him with; he bought some meat and paid for it; he had a roll of bills in his hand; I saw 5's, 10's, and I think a $20 bill. I said,"You must have made a raise," something was said that he was in a better business than butchering.

B.A. Massey:  I am an attorney; Martin never sent to me for a blank deed; the form of deed now in court was not obtained from my office; I never saw it before.

The attorney-general announced that this closed the case for the prosecution.  The defense then entered on the examination of their witnesses:

T.W. Brown: The deed now in court, I think is one I indicated in part by pencil, how it was to be filled up; the date July 31, 1861, seems to be in my handwriting; about the middle of the day I was called upon for the form; I have no personal knowledge of the person who called for the blank, he represented himself as a Mr. Wilson, in Adams Express office;  he received instructions from me as to the proper way of filling up the blanks, and I had from hin the information by which I put in the penciling.

Cross Examined:  I put in the pencilings at Wilson's request, in the office of Finnie & Brown, of which I am a partner; he did not say who were parties to the deed, but indicated that the instrument was not for himself; I think I asked the names of the parties; Wilson asked if it was necessary for me to know them; I said if he did not want me to know the names, I could indicate how the deed should be filled up, and he preferred not to give me the names; Wilson said he could not give me a description of the boundaries of the property; when Wilson first came in he asked for Mr. Finnie, I asked his business, he said he wanted a mortgage written to secure a debt, and so written that, in event of the party not paying the money, the property should at once vest in the creditor; I said I thought such a paper would not be effective, and told him that there were two kinds of mortgages; he asked which was the best for the creditor, I told him, and he said he would have tha kind, and I gave him the blank accordingly; Wilson paid for the blank, I gave a receipt, at the request of Wilson to the name of Martin, I think it was given the day after I filled up the deed; I was not called upon by a servant girl, calling herself Loulea, for the deed.  (Mr. Wilson was called into court and was identified by the witness).

Ira H. Wilson: I am engaged in the express office as delivering clerk; I board at Capt. Shaw's; I obtained a blank from Mr. Brown about the first of this month; I directed Brown to fill up with pencil; I was desired to get it by Martin who spoke to me in the hall of Capt Shaw's house when I was there for dinner; I proposed the pencil marks on my own responsibility; I declined to give the names for the instrument entirely on my own authority; I gave the instructions according to directions given me by Martin.  I asked for the instrument on my own suggestion, having had in New York State some practical knowledge of such matters.  I think Martin's instructions to me were simply to get a blank deed of trust; I do not recollect him giving me particular instructions; I am sure my instructions to the attorney were my own suggestions; I think Martin did not tell me where to get the deed, I understood I was to go where I pleased.  I only saw members of the family about the house at the time; I was in the dining room, which is separated by folding doors from the parlor; I think I had gone from the dining room to the porch when Martin came to me.  Union street is a very public place and there are hoses about Capt. Shaw's residence; my impression is the blinds in the parlor were closed, except the east window, the blinds of one-half of which were open; the glass of this east window, I think, was also open; I saw a horse and buggy standing nearly opposite the door; I thought I knew where it was but could not positively swear; I heard talking in the parlor, I think from Martin; I did not understand the words; I think he spoke in his usual tone; I listened for a minute but could distinguish nothing; my impression was that the buggy at the door was Dr. Gilbert's' I saw Martin passing backward and forward, I believe before I went for the deed; I think he spoke about the matter with Mrs. Shaw, they standing at the door opening on the back porch, before I went for the deed; the two stood there a minute or two, they talked of Dr. Gilbert being there; I think it was before I went for the deed; in substance they said, as well as I can recollect that Dr. Gilbert had insulted Mrs. Shaw; that here had been a good deal of business between them, and Dr. Gilbert proposed to settle it; that he had offered $10,000 to keep the affair a secret, and that Martin said as far as he was concerned, if the doctor would throw in the claims he held, he did not know but what he would consent, but d--n him, he did not want his money.  I don't know whether Martin or Mrs. Shaw told me this; I understood the thin was for ever to be kept a secret from the public; Martin charged me to keep my mouth closed.  A part, if not all of what I have mentioned of the conversation, took place before I went for the deed; I believe Martin was in shirt and pantaloons and without coat or vest; I saw no weapon of any kind.

Cross-examined:  I came from New York eighteen or nineteen years ago; have lived here twice; Martin has lived ans slept at Shaw's all the time I have been there.  I gave instructions to the lawyer to make a deed that should make the property over, if the money was not paid, without any legal process being necessary.  What I know of the difficulty was from what I heard talked of; Martin mentioned the sum of $10,000; from Martin's conversation with Mrs. Shaw I thought it must be more than that; I knew from their conversation that an insult had been offered Mrs. Shaw.  I did not tell Mr. Brown who the parties to the deed were; I am of impression Martin told me not to mention the names.  I took the deed to Martin; I did not see Dr. Gilbert; I think I met Martin in the hall and there handed him the deed.  I was not in the parlor at all while the matter was going along.  I noticed the blinds of the parlor windows because I did not want Dr. Glbert, who had been a special friend of mine, to know that I had anything to do with the business.  I think Martin said, "d--n him, I don't want his money," but that he expressed himself willing to settle it; I think I had this both from himself and from Mrs. Shaw.  I saw Mrs. Shaw rush out in great excitement; from the appearance of her eyes I judge she had been crying.

Capt. A.B. Shaw, whose appearance denoted very ill health, was called:  I have known Martin some twenty months, most of which time he has lived with me; he is no relation; he came from Brighton, Massachusetts.  He had an introduction to me from his father; his father and I were boys together and butchers together.  Martin has been attending to my business; I did not make him formally my agent, but told him I wanted him to do.  I have been sick two years and confined at home one year.  Dr. Gilbert called on me on the 21st of July, at twenty minutes past nine in the morning; I had not sent for him on that day, or for three months before.  I know by taking my medicine what time the doctor came.  Mrs. Shaw told me he had come; I was feverish and said, "What do I care?"  He came up and I asked him about Raleigh Springs; he said they would have a good effect upon me; he was with me half and hour.  Mrs. Shaw was also in the the room the whole time; he said to her, "I came to see you before the weather got hot."  When he got up to go he said: "Mrs Shaw I want a little private conversation with you."  He turned to me and said: "Captain Shaw, it is from the purest motives, and I think will be for your food."  The both went down stairs together, the doctor said till tow o'clock; I did not know what took place in the parlor; I heard no vociferation, but I heard Mrs. Shaw scream out, I judge an hour after she had left my room.  I thought my daughter had fallen, probably, and inquired of the servant, who said she had not.  I have known Dr. Gilbert for years; I knew him when I was flatboating here; he was then tailoring; since then he has been curing cancers and sore legs.  I got a passport lately (the witness produced railway tickets to Iuka for himself and servant); Dr. Pitman had advised me to go to the springs; I got nervous about the the time I should have started; Mr. Beach, was the gentleman who went for the passport.  I was going on Tuesday morning and supposed Mrs. Shaw was going too, but she went with Martin to see about a cow that had strayed.  Mary, my adopted daughter, afterward told me they had gone to Iuka.

Cross-Examined:  When Dr. Gilbert called, Mrs. Shaw remarked: "You had better see him."  I told her to have him invited up; when he came up we spoke about the springs, but not about business, except when he went down he said he would make things better for me if he sold his place, he would bring me out of my difficulties; about three weeks before that, he wanted me to put $10,000 or $50,000 worth of property in his hands for $7000; I told him if I died, all my honest debts would be paid; he said he would let me have some money if I accepted his proposition; my indebtedness to him had been reduced to $1500 or $1600; property he wished me to transfer to him lies on Union and Gayoso streets; I refused to do it; Martin is no relation; I knew his father; I invited him to my house; I was then building some houses and I got him to keep the of the men and pay them on Saturday nights, this lasted about fifty days; I quit trying to do business since January by advice; I told Mrs. Shaw to do as well as she could; I told Martin, until he could get a good place to stay at my house, to attend to my negroes and business and I would make it right with him when I got well; he had to collect rents when they could be got, and to pay bills; I have sold no lots since last October two years, nor made purchases in this State, nor authorized any person to sign any deed for me in connection with real estate; the signature to the deed in court of my name is not mine, I never saw it before; I knew nothing of it until the Saturday or Monday afterward; when Dr. Gilbert rose to leave my room he told Mrs. Shaw he wanted a private conversation with her, and turning to me said it was from the most pure motive; they went down and I heard them open the sitting room door; my chamber is the northwest room the sitting room is in the northeast corner; my adopted daughter is fifteen years old, she has been with me seven or eight years; she is included in the passport; I have two other children, one of them two years old, that was the one I spoke of as having fallen; when I heard the scream I asked what was the matter, and my adopted daughter said it was nothing; I have often heard Mrs. Shaw scream that way when the children have fallen; we had a little boy killed two years ago by falling off a balcony and since then Mrs. Shaw screams pretty loud when the children fall; I made no more inquiries when Mary said nothing was the matter; Mr. Beach, who got the passport for me, boarded with me; the cow had run off, she had once before gone to the place she was brought from.  I understood Mrs. Shaw and Martin were gone in search of her; sheriff Smith came to ask for Martin--I told him they had gone for the cow; this was three o'clock; I think about four I learned they had gone to Iuka to get a good room for me; my  wife always staid in my room at nights; my wife had spoken of going to Iuka, and I got a ticket for her.  I have seen the notes now in court (the notes given by Dr. Gilbert) but not till Monday the 5th of August, when Mrs. Shaw said, here are these notes; I told her to put them in the pocket book.  I had heard of them and of the fuss that morning, that they had made it up, Dr. Gilbert and all hands, to keep it from me; no notes or money had before been handed me; Mrs. Shaw was the person who told me all about what had happened; when she first spoke of the notes, she said that they were from Dr. Gilbert on a matter to be kept private; it was to be said the money was for some lands I had been trying to sell, which are in Louisiana, not far from Baton Rouge, and which I bought from Mrs. Johnson; I expect the lands are sold now; it is from six to twelve months since I heard from my agent down there; I suppose they cost me $6000 or $7000; Mrs Shaw said she got the notes from Dr. Gilbert on a private transaction; she said Gilbert wished all in the secret to be of one story; she came up in the morning and told me about it; I was very much astonished that the doctor should do so, and said I would rather have revenge than any amount of money; my wife said the families went to visit as usual, and I must not let Dr. Gilbert know that I knew about matters; she told me that when the difficulty happened, she and the doctor had conversed about business, after which the doctor said he was as hot as a kiln; then he put his hand on her lap; then attempted to put it under clothes, and said if she would not consent he must force her; she said when the doctor tried to put his hand under her clothes, she hollooed and Martin came in; she told me the doctor sat at the window where he could spit out, as he was smoking a cigar; after speaking of business, he got up and said he was hot as a kiln, that she must believe him; she said, "What do you mean, doctor?"  he then put his hand on her lap, then under her clothes, touching her knee, and said if she would not consent he would have to commit a rape, so Mrs. Shaw told me; I believe she said he was sitting when he put his hand upon her, that when she screamed he took his hand away, and Martin came in; she told me this on Monday morning about ten o'clock; that was the first I knew of what was going on; she had  told me that Charles (Martin) and he had a little quarrel between themselves, and some little difficulty with Dr. Gilbert--this was said an hour or less after the scream; she said Martin had spoken to her about selling the property over the street, and she had told him to mind his own business; I saw that she had been crying, I asked why; she said she was in trouble; I had asked why Gilbert staid so long; she said they had been fixing up a trade for money; I have a white servant girl, two black women, and a man, about my house; the dining room is thirty-four feet form the kitchen.  I had Wilson and Beach boarding with me at that time; I don't know that Beach and Martin are to be considered as boarders.  I believe that, in a joke, I once spoke to my daughter about Martin, asking if she knew he was her brother?  It got out that he was my nephew; I don't know that I contradicted it.  Major Penn came to me about the notes, and I told him they were for Louisiana lands; I said so in order that Dr. Gilbert's family might be spared a knowledge of what he had done.  I told A.B. Haynes that I had no money to pay him; this was on Tuesday morning after Maj. Penn was with me.  I do not remember telling him all my matters were now straight; that I had a release from Gilbert; that I had $9000 in good notes and $1000 in cash.  I said if I died I expected I had enough to pay my debts; I told him I had $8000 or $9000 due me in the city, but do not remember saying I had the notes for $9000.  Mrs. Shaw, on Monday, after she told me about the difficulty, said she had sold one of the notes and was about selling another, and I said I would indorse them.  The notes are made payable to me, and I intend they shall be paid now.

Cross-Examined:  In my room I can distinctly hear loud talking in the parlor below, a very little noise disturbs me, and I often have to send down to tell them to be silent.  Mrs. Shaw told me that Martin said to Dr. Gilbert, "If I had a pistol, I would blow your head off," and that Martin started to come up stairs to tell me, but Gilbert put his back to the door and said he would make it up; he told Mrs. Shaw not to cry, for it was he, not she, who had done wrong.  Dr. Gilbert told Martin he would pay for what had been done, and Martin said d--n your money, I don't want it; Gilbert said he would give the notes; they sought for some blanks I had and found one; Mrs. Shaw did not tell me this then, but since: Charles  said to Gilbert that his notes were not worth a d--n unless secured, and the doctor said he would give a deed of trust on the land; a deed of trust was then sent for and filled up, and a man came and took the acknowledgment.  I understood that the thing was hatched up so that the families were to see each other, and it was to be said, the notes were for the Mississippi lands.  Mrs. Shaw told me the doctor said she had acted nothing but the lady, that if his wife knew of what had happened she would ruin both his family and ours; Dr. Gilbert and his family have taken, I suppose, a thousand meals in my house; I do not know I ever took one in his; I was told by Mrs. Shaw that a drover came to see Charley, while the matter was going on, for some money due him, and that the doctor told him not to go out till all was settled and he would pay the money, and that he did so; she said that when she and the doctor went down from my room, the doctor closed the folding doors, though she wished him not, but that the windows were open; I have talked with Mrs. Shaw in general talk about this matter in presence of the family; it may have been Saturday when I learned about it; when I come to think of it, it was on Saturday, not on Monday, when all this was told me; the affair went on three or four days before the doctor made any fuss, so they told me.

The court here adjourned for dinner.

AFTERNOON SESSION.

Mary E. Gillen: On the day Dr. Gilbert was at Mr. Shaw's' he came up; Mrs. Shaw was in the room when he came in; I saw Dr. Gilbert came stairs first, and go in the parlor, then Mrs. Shaw went in after him; afterward I heard Mrs. Shaw crying, and the doctor said "Don't cry, Capt. Shaw will hear you." I then went into the dining room.  I heard Dr. Gilbert say, if you don't say anything about it, I will give you a deed of trust, and to Martin, anything he may say; Charley said d--n you and the money too.  The doctor said then, he would give the money to Mrs. Shaw; he also said to Mrs. Shaw is an innocent woman; it is a God-like thing to forgive--forgive me, and I will do anything I can; I heard Dr. Gilbert beg Martin not to go up stairs to captain, it would make him a ruined man, and he asked Charley to have pity on his gray-haired wife; he told Charley to write the notes and he would sign them.  I could hear all at the folding doors, as they were not quite closed.  I was up stairs when I heard Mrs. Shaw crying.  I then came down and went in the dining room, where I heard the conversation.  Martin had no coat or vest on, and I saw no weapons about him.  A man rang the door bell, and inquired of me for Charley, who went out to him; the others went about the house and yard, but the doctor was all the time in the parlor; the window was up and the door ajar.

Cross-Examined:  I am in my sixteenth year; I have been seven or eight years with Capt. Shaw, and nine years in this city; I was brought here from Louisiana; I let in Dr. Gilbert myself and put him in the parlor, then up stairs; I asked him up stairs by direction of Mrs. Shaw, who was already there; it was I, not Mrs. Shaw, that asked him up stairs; I went up with him.  Capt. Shaw, Mrs. Shaw and Dr. Gilbert were in the captain's room together; Mrs. Shaw sat at the side of the bed; I attended Capt. Shaw when Mrs. Shaw left him with Dr. Gilbert; did not go down stairs until I heard Mrs. Shaw cry; she did not scream, but cried.  Capt. Shaw asked what it was, I said I did not know; I went down stairs and did not return to tell the captain what it was; the parlor windows were up; one of the blinds of the front window was open.  This was after they came down stairs and Martin was in the room; the middle door was not closed by five or six inches; I sat not far from the opening in the door; I perceived something was going on, and wanted to know what; I did not know that it was Mrs. Shaw who was crying until I got down stairs.  I heard Dr. Gilbert say if Mrs. Shaw would say nothing about it he would give her a clear deed of trust.  They talked in a low, quiet tone; after I heard the crying I went into the dining room; I heard no crying then; the folding doors dividing it from the parlor were then quite closed; I then went down in the garden and gathered some grapes at the arbor; I got back in ten minutes; I was not in the garden half an hour; when I came back to the dining room the folding doors were partly open as I have described, as if left so by some one taking in water; I asked nobody what the crying meant; when the door bell rung for Charley; both he and Mrs. Shaw came to the door, her eyes were red and I saw that it was she who had been crying; she looked distressed and worried; when the door bell was rung I was sitting in the dining room; I went and called, "Charley, somebody wants to see you."  Mrs. Shaw came out with him; she did not speak to me; I again went back to the dining-room; I did not see Mr. Wilson there; I think I was altogether an hour or an hour and a half in the dining-room; I did not see Wilson until Dr. Gilbert had gone away; while I sat at the folding door I did not see the persons in the parlor; I heard some talk on Monday about the cow having run away; we were to have gone to Iuka on Tuesday; I saw Martin all day on Monday, he was there to dinner and supper--is generally about the house; on Tuesday he and Mrs. Shaw went to hunt the cow; I have heard no one speak about this matter, neither Martin nor Captain Shaw; I have heard Mrs. Shaw talk about it since Major Penn was at the house; I have talked in the presence of the lawyers what I was to say here, once or twice; I heard Dr. Gilbert say he would give Mrs. Shaw a clear deed of trust of all be held against her, and Charley as much money as he wanted; Charley said d--n you and your deed of trust and your money, he also said he would jump down the doctor's throat; the doctor sad he was penitent and asked to be forgiven, as it was God-like to forgive, that he was guilty, and Mrs. Shaw was a perfect lady; Mrs. Shaw said not one word that I heard; I did not hear her say to the doctor, "Pay fifty thousand dollars and have done with it," I heard no threats used by Charley or anybody; I saw both Mrs. Shaw and Charley out and about the yard while Dr. Gilbert was in the parlor; I came out of my room as soon as I heard the crying; I could see the parlor door at the top of the stairs, but I did not see Martin rush in at that door; I have never been instructed to say anything about what took place that day, or told that the matter was not to be divulged; I was told that I was listening, and also all I have told now; I was not put at the folding door to listen, nobody told me to do anything of that sort; what I have told here I told that evening to them, but not to the lawyers until after Major Penn had called; when I told them at home about it, I asked what it meant; I know what an insult means; they told me the particulars, what it meant; when Mrs. Shaw went down with Dr. Gilbert, I went to my room and engaged knitting; I did not return to Captain Shaw's room.

The defense announced that they would call no more witnesses.

Mr. Farrington said that this course took the prosecution by surprise, as the defense had applied for a severance, and the severance had been agreed to on ground that Mrs. Shaw was to be introduced as a witness.

Mr. Yerger said the defense had mad no agreement binding them to make Mrs. Shaw a witness.  An affidavit had been made and sworn to, but he had torn it up.

Mr. Sale demanded the restoration of the affidavit, as, if it had not been made, Mrs. Shaw would at this moment be on trial at the bar.  When the affidavit was sworn to it belonged to the court, not to any attorney. The record of the will show that its severance was granted on the ground of the affidavit.

Judge Swayne said he had agreed to a severance on being informed that the parties consented to it.  The entry on his docket was :"Severance by consent."

The prosecution the began to call other witnesses

H.B. Williams; I have lived here a quarter of a century.

The prosecution proceeded to inquire of him.of Mr.s Shaw's character for correctness, morality, and chastity.  Objection was made to this kind of questioning.

Mr. Sale said that the allegation was the Dr. Gilbert undertook to commit a rape on Mrs. Shaw, that was put as the ground why Martin was justified in what he had done.  He was prepared to show that, on the principle on which a woman's character in case of charge of rape inquired into, Mrs. Shaw's character could be investigated: Mrs. Shaw's character is such as to put the idea of Dr. Gilbert having recourse to anything like rape to secure what is alleged to be his design, out of the question.  It was to keep out inquiries on this point that Mrs. Shaw had not been brought into court as a witness.

Legal authorities were acted in support of the position taken by the prosecution, and Judge Swayne withheld a decision until the court meet again at 8 o'clock to-morrow morning.  The court adjourned.