Calvin Logston Murder Trial

Date: [unknown]
Location: Fentress County, Knox County, and Livingston, Overton, Tennessee, United States

Contents 1 Trial Transcription 1.1 Pg 1 1868 Dec 1, Murder Indictment 1.2 Pg 2 1868 Dec 1 1.3 Pg 3 1868 Dec 2 1.4 Pg 4 1868, Dec 4 1.5 Pg 5 1869 Mar 30 1.6 Pg 6 1869 Mar 31 1.7 Pg 7 1869 Apr 14 1.8 Pg 8 1869 Apr 14 cont. 1.9 Pg 9 1869 Apr 14 cont. 1.10 Pg 10 1869 Aug 9 1.11 Pg 11 1869 Aug 10 1.12 Pg 12 1869 Aug 10 cont. 1.13 Pg 13 Jury Named 1.14 Pg 14 Venue 1.15 Pg 15 1.16 Pg 16 1869 Aug 11 1.17 Pg 17 1869 Aug 12 1.18 Pg 18 1.19 Pg 19 1869 Aug 1.20 Pg 20 Charge of Court 1.21 Pg 21 1869 Sep 20-Bill of Costs 1.22 Pg 22 1869 Sep 22 1.23 Pg 23 1869 Aug14-Oct 27 1.24 Pg 24 1871 Aug 2 1.25 Pg 25 1871 Jul 24 1.26 Pg 26 1871 Jul 1.27 Pg 27 1871 Jul 26 1.28 Pg 28 1871 Aug 17 1.29 Section 2 Pg 1 1871 Jun 5 1.30 Section 2 Pg 2 Start of Trial 1.31 Section 2 Pg3 1.32 Section 2 Pg 4 Change of Venue 1.33 Section 2 Pg 5 1.34 Section 2 Pg 6 1.35 Section 2 Pg 7 Decision to Confine to Jail 1.36 Section 2 Pg 8 1.37 Section 2 Pg 9 Accusation 1.38 Section 2 Pg 10 1.39 Section 2 Pg 11 1.40 Section 2 Pg 12 Decree to Sheriff 1.41 Section 2 Pg 13 1.42 Section 2 Pg 14 Jury Ordered 1.43 Section 2 Pg 15 1.44 Section 2 Pg 16 1.45 Section 2 Pg 17 Plea of Not Guilty 1.46 Section 2 Pg 18 1.47 Section 2 Pg 19 1.48 Section 2 Pg 20 Guilty of Murder 1.49 Section 2 Pg 21 Defendant Remanded to the Fentress County Jail 1.50 Section 2 Pg 22 1.51 Section 2 Pg 23 A Cousin's Testimony 1.52 Section 2 Pg 24 1.53 Section 2 Pg 25 Body of William B. 1.54 Section 2 Pg 26 1.55 Section 2 Pg 27 Jim Galloway Coherent 1.56 Section 2 Pg 28 Neighbor Joshua Evans' Statement 1.57 Section 2 Pg 29 1.58 Section 2 Pg 30 1.59 Section 2 Pg 31 1.60 Section 2 Pg 32 1.61 Section 2 Pg 33 1.62 Section 2 Pg 34 1.63 Section 2 Pg 35 Jim Galloway's Testimony 1.64 Section 2 Pg 36 1.65 Section 2 Pg 37 1.66 Section 2 Pg 38 1.67 Section 2 Pg 39 1.68 Section 2 Pg 40 Franklin Raines' Testimony 1.69 Section 2 Pg 41 1.70 Section 2 Pg 42 1.71 Section 2 Pg 43 Jane Brown's Testimony 1.72 Section 2 Pg 44 1.73 Section 2 Pg 45 Margaret Logston's Testimony 1.74 Section 2 Pg 46 Decision About Evidence 1.75 Section 2 Pg 47 1.76 Section 2 Pg 48 Defining Terms of Possible Charges 1.77 Section 2 Pg 49 1.78 Section 2 Pg 50 1.79 Section 2 Pg 51 1.80 Section 2 Pg 52 Reasonable Doubt Explained 1.81 Section 2 Pg 53 1.82 Section 2 Pg 54 1.83 Section 2 Pg 55 1.84 Section 2 Pg 56 1.85 Section 2 Pg 57 1.86 Section 2 Pg 58 1.87 Section 2 Pg 59 Amendment & Filing of Transcript 1.88 Section 2 Pg 60 Jury listed 1.89 Section 2 Pg 61 Grand Jury Elected 1.90 Section 2 Pg 62 Grand Jury Decision 1.91 Section 2 Pg 63 1.92 Section 2 Pg 64 1.93 Section 2 Pg 65 Defendant Requests Change of Venue 1.94 Section 2 Pg 66 1.95 Section 2 Pg 67 1.96 Section 2 Pg 68 Attorney General Prosecution in Overton County 1.97 Section 2 Pg 69 1.98 Section 2 Pg 70 Defendant Remanded to Gainsboro, Tennessee Jail 1.99 Section 2 Pg71 1.100 Section 2 Pg 72 1.101 Section 2 Pg 74 1.102 Section 2 Pg 75 1.103 Digital Image 77 Tennessee Indictment 1.104 Digital Image 79 1.105 Digital Image 81 Court Finds Record Not Complete 1.106 Digital Image 82 Discrepancies 1.107 Digital Image 83 1.108 Digital Image 85 1.109 Digital Image 86 1.110 Digital Image 87 1.111 Digital Image 88 1.112 Digital Image 89 Jim Galloway's Testimony Rejected 1.113 Digital Image 90 1.114 Digital Image 91 1.115 Digital Image 92 Case Study for Children's Testimony 1.116 Digital Image 93 1.117 Digital Image 94 1.118 Digital Image 95 1.119 Digital Image 96 1.120 Digital Image 97 1.121 Digital Image 98 1.122 Digital Image 99 Calvin's Life Threatened 1.123 Digital Image 100 1.124 Digital Image 101

Trial Transcription

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James Calvin Logsdon Trial

Transcribed December 28th, 2022 by Lorraine Nagle, from digital images numbered 1-101, State of Tennessee vs. Calvin Logston, Murder, Court Proceedings, provided to me by email from Janine Leigh Isleman-Goodman.

Additional transcription December 11, 2023 by Cindy Crafton. These documents will cause the numbering system by Ms Nagle to be in error if we keep to a chronology.

Uncertainty of certain words is marked by underlining the word followed by a question mark or by omitting the word indicated by ____? or ___.In many cases we have tried to be true to the original text including spellings (misspellings), punction, abbreviations, etc.

MURDER INDICTMENT

Pg 1 1868 Dec 1, Murder Indictment

The State vs Calvin Logston

MURDER INDICTMENT The Grand Jury returned into court in a body a bill of Indictment against the Defendant for Murder endorsed by their foreman “A True Bill” which is in the words and figures following to wit: State of Tennessee Fentress County, November ____ 1868. Circuit Court. The Grand Jurors for the State of Tennessee being duly summoned, elected, empaneled, sworn & charged to enquire for the body of the ___ of ___ aforesaid in the state aforesaid upon their oaths aforesaid. Present that Calvin Logston late of said County (Yeoman, on the 22nd day of November one thousand eight hundred and sixty eight, in the County of Fentress aforesaid did willfully, deliberately, maliciously, premeditatedly and with malice aforethought did Kill and Murder in the 1st degree one Lucy Galloway by striking her with an ax. Contrary to the ___ of the statute no such case made and provided against the peace & dignity of the state. R. B. Powell Atty Gen’l, Pro-tem endorsed “A True Bill” John W Simpson foreman, Pros. J.H. Storie J.H. Storie, Edgar Miles & Wm Brown witnesses for the state sworn in open court and ___ before the Grand Jury. December 1st 1868.

Isaac Woods, Clerk. Summon for the state the above witnesses K.B .Dowell, atty. Gen. Pro-tem

Pg 2 1868 Dec 1

Murder Indictment The State vs Eliza Brown & Jane Brown

Murder Indictment. The Grand Jurors returned into court in a body a Bill of Indictment against the Defendants for murder endorsed by their forman “A True Bill” which is in the words and figures following to wit: State of Tennessee, Fentress County, from Tennessee 1868 Circuit Court. The Grand Jurors for the State of Tennessee having been duly summoned, elected, empaneled, sworn and charged to inquire for the body of the County aforesaid in the state aforesaid upon their oaths aforesaid, present that Eliza Brown and Jane Brown late of said County Spinsters on the 20th day of November one thousand and eight hundred and sixty eight, in the County of Fentress aforesaid did willfully deliberately, maliciously, premeditatedly, and with malice aforethought did Kill & Murder in the first degree one Catherine Galloway by the Striking her with one ax. Contrary to the form of the statute in such case Made and provided and against the Peace and dignity of the State. R.K. Duvall atty Genl, Protem. J.H. Storie Pros. Jane Frogge James Pyle W.J. Upchurch witnesses for the State sworn in open court and sent before the Grand Jury Dec. 1st 1868. Isaac Hood, clk summons the above witnesses for the state R.B. Dowell atty Genl Pro Tem “A True Bill” J.W. Simpson Foreman State of Tennessee Vs Calvin Logston Etals Wednesday December 2nd 1868 Murder This cause is ___ as an affidavit of the state.

Pg 3 1868 Dec 2

Wednesday Dec. 2nd 1868. Murdering Indictment.

The State vs Calvin Logston Murdering Indictment.

The Grand Jury returned into court in a body a Bill of Indictment against Calvin Logston Etals. signed by the foreman of the Grand Jury “A True Bill” which is in the words and figures following to wit: State of Tennessee Fentress County. November Term 1868 Circuit Court The Grand Jurors for the State of Tennessee having been duly summoned, elected, empaneled, sworn, and charged to ___ for the body of the County aforesaid in the state aforesaid upon their oaths aforesaid present that Calvin Logston. Eliza Brown and Jane Brown late of said County on the 20th day November one thousand eight hundreds and sixty Eight, in the County of Fentress aforesaid, did willfully, deliberately, Maliciously premeditatedly and with malice aforethought did Kill and Murder in the first degree the following named persons to wit: Catherine Galloway, W.B. Galloway, and Lucy Galloway by striking them with axes and shovels. Contrary to the form of the statue and such case made and provided, and against peace and dignity of this State R.B Dowell atty Genl ProTem. Endorsements. The State vs Calvin Logston Etals Murder Indictment J.H. Storie Pros., John Frogge, James Pyle, W.J. Upchurch, witnesses for the state sworn in open court and sent before the Grand Jury December 1st 1868 Isaac Wood, Clk. Summoned the above witnesses for the state R.B. Dowell atty Genl. ProTem “A True Bill” J.W. Simpson, Foreman

Pg 4 1868, Dec 4

Thursday Dec. 4th 1868. Murder

The State vs Calvin Logston

Murder It appearing to the satisfaction of the Court that the Jail of Fentress County is not safe and secure. It is therefore ordered by the court, that the sheriff of Fentress County deliver the defendant Calvin Logston to the Jailor of Davidson County there to be safely kept until the next term of this court.

State of Tennessee Seventeenth Judicial Circuit. Be it Remembered, that at a Circuit Court opened and held, for the County of Fentress State of Tennessee at the Courthouse in the town of Jamestown on the fifth Monday in March 1869 it being the 29th day of said month. Present and presiding the Hon L.C Hout Judge ___. duly quallified and commissioned to hold said Court. When the following proceedings were had and entered of Record to wit:

Pg 5 1869 Mar 30

Tuesday March 30th 1869’ Murder

The State vs Calvin Logston Eliza Brown & Jane Brown

Murder. The Grand Jury this day in a body headed by their foreman returned into open court a Bill of Indictment against Calvin Logston, Eliza Brown, & Jane Brown for Murder Endorsed by their foreman “A True Bill” which is in the words and figures following to wit: State of Tennessee Fentress County March Term of the Circuit Court 1869 The Grand Jurors for the State of Tennessee being duly summoned, elected, empanelled, sworn and charged to inquire for the body of the County of Fentress in the state aforesaid upon their oaths aforesaid, present that Calvin Logston, Eliza Brown & Jane Brown, late of said County ___, not having the fear of God before their eyes but being moved and seduced by the instigation of the Devil on the 19th day of November 1868 with force and ___ in the County of Fentress aforesaid, in used upon Catherine Galloway, W.B. Galloway & Lucy Galloway, in the peace of God & the state ___ and there being willfully deliberately premeditatedly maliciously feloniously and of their malace aforethought did make and assault and that the said Calvin Logston, Eliza Brown & Jane Brown with certain axes, shovels, pistols guns of the value of five hundred dollars ___ and there loaded and charged with gunpowder and ___ and many Leaden balls and shots which axes and shovels, pistols & guns ___ the said Calvin Logston, Eliza Brown & Jane Brown in their hands then and there had and held to held to a ___ and upon the said Catherine Galloway, W.B. Galloway & Lucy Galloway then and there willfully deliberately premeditatedly maliciously feloniously and of their malice aforethought did shoot and discharge and strike with certain axes and shovels and that the said Calvin Logston, Eliza Brown & Jane Brown with the leaden balls and shot aforesaid out of the pistols and guns aforesaid and with the axes and shovels aforesaid, then and there by force of the gunpowder shot discharged and sent forth as aforesaid and with the axes and shovels aforesaid the said Catherine Galloway, W.B. Galloway and Lucy Galloway in and upon the breast heads and body of them the said Catherine Galloway W.B. Galloway and Lucy Galloway then and there willfully, deliberately, premeditatedly, maliciously, feloniously, and of their malice aforethought did strike, penetrate and wound giving to the said Catherine Galloway, W.B. Galloway and Lucy Galloway, then and there with the leaden balls and shots aforesaid discharged and sent forth out of the guns and pistols aforesaid, and with axes and shovels aforesaid by the said Calvin Logston, Eliza Brown & Jane Brown in and upon the said head, breast and body of them the said Catherine Galloway, W.B. Galloway and Lucy Galloway, delivered mortal wounds of the depth of eight inches and of the breadth of three inches of which said Mortal wounds the said Catherine Galloway, W.B. Galloway and Lucy Galloway on the 19th day of November 1868 in the County of Fentress aforesaid instantly died.

And so the jurors aforesaid upon their oaths aforesaid do say that the said Calvin Logston, Eliza Brown and Jane Brown. The said Catherine Galloway, W.B. Galloway & Lucy Galloway in manner and form aforesaid willfully deliberately, premeditatedly, maliciously feloniously and of their malace aforethought, did then and there kill and Murder in the first Contrary to the form of the statutes in such cases made and provided and against the peace and dignity of the State. R.B. Dowell, atty. Genl. Pro. Tem Endorsed Indictment. The State vs Calvin Logston, Eliza Brown and Jane Brown. Murder. J.N. Storie Pros. John Frogge, James Pile, W.J. Upchurch witnesses for the State sworn in open court and sent before the Grand Jury. March 30th 1869 Isaac Hood, clk. Summons for the State the above witnesses R.B. Dowell atty. Genl Pro. Tem. Endorsed “A True Bill” Solomon Hogue foreman of the Grand Jury.

Pg 6 1869 Mar 31

Wednesday March 31st 1869. Murder

The State vs Calvin Logston Etals

Murder. Came the Defendants by their attornies and the attorney Genl. for the State. And after summoning a jury it was impossible to impanel a jury in this cause in this County: It is therefore ordered by the court that the Venue be changed to the County Scott, at a court to be held on the second Monday of April 1869. And the witnesses are ordered to attend accordingly. The clerk will make out a true transcript in this cause and forward the same to the Clerk of the Circuit Court of Scott County Tenn. And the sheriff will deliver the defendants to Shff. Of Scott County as soon as practable together with a copy of this order and the sheriff of Scott County will receive the defendants and have them ready to appear before the Court on the 2nd Monday of April 1869. to answer the charge against them. I Isaac Hood Clerk of the Circuit Court of Fentress County, hereby certify that the above is the true, full and perfect copy of all the proceedings that appear of Record in My office in this case “The State of Tennessee vs Calvin Logston Etal” Given under my at office in Jamestown this 13th day of April 1869. Isaac Hood Clerk.  

Pg 7 1869 Apr 14

Affidavit for severence of Trial

The State of Tennessee vs Calvin Logston Eliza Brown & Jane Brown

In this case defendants Eliza Brown and Jane Brown make out that Justice Demands a Severance of Trial so that they may be tried separately from defendant Calvin Logston. The grounds of defense in their case are distinct and different from those of said Logston and they cannot safely go to trial with a jury selected in any measure by said defendant Logston and on those grounds they are advised that a severance of trial is necessary. They therefore ask a severance of trial whereby they may be tried separately from said Logston that Justice may be done. Eliza Brown Jane Brown Sworn to and subscribed before me 14th April 1869 J.M. Cordell Dept Clerk. Endorsed State vs Calvin Logston. Eliza Brown & Jane Brown. Murder Affv. of Eliza Brown and Jane Brown Filed 14th Apr 1869. S.L. Chambers clk By John M Cordell Dept. Clk. Affidavit for Continuance

State of Tennessee Scott County

Personally appeared before me, the undersigned authority Calvin Logston, and makes oath in due form of Law that he is informed and believes that he cannot go safely into trial at the present term of the Court for the following reasons. There is great excitement in the County against the Defendant. There are two witnesses not in attendance by the names of Fancy Barton and Josiphine Williams who reside in Fentress County Tennessee and expect to have others at the next term of this court if possible by whom he expects to prove that at the time the homicide was committed that he is charged with, he the Defendant was not near the place but was with the witnesses all of that day and night, affiant states that the witnesses have not been subpoenaed for the following reasons___ he has been sent away to another jail & place of Confinement out of Fentress County and not having any Counsel Employed, and the council that were appointed living in another County he was not able to confer with them in relation to the materialization of the above witnesses. This is the first affidavit for a Continuance in this case this application is not made for delay but that Justice may be done. Calvin Logston Sworn to and subscribed before me this 14th April 1869. John M Cordell D. Clk  

Pg 8 1869 Apr 14 cont.

Endorsed, Filed 14th April 1869. John M. Cordell, Dept Clk

Entries Wednesday April 14th 1869.

The State vs Calvin Logston Eliza Brown & Jane Brown

Murder. C.J. Sawyer the atty Genl. being incompetent in this cause. It is therefore considered by the court that R.B. Dowell a practising attorney of this court be and he is hereby appointed atty Genl in this cause.

Pg 9 1869 Apr 14 cont.

The State vs Calvin Logston Eliza Brown & Jane Brown

Murder. Cause the atty Genl for the State and the defendants in their own proper persons and their counsel being present. and this cause is continued until the next term of this Court on affidavits of the Defts. and the Jail of Scott County being insecure and unsafe. It is ordered by the court that the Defendent Calvin Logston be delivered to the Jail of Knox County for safe keeping until the next term of this court. It is further ordered by the court that the Defendent Eliza Brown and Jane Brown be permitted to Bail upon their giving Bond in the sum of Two thousand dollars each, or be sent to the Jail of Fentress County to be kept secure, in case of failure to give Bail and that the Sheriff Fentress County re-deliver to the Sheriff of Scott County said Defts. Browns on or before the 2nd day of the next term of this court term of this Court. And that the sheriff of Scott County have said Logston before the Judge at the next term of this court.

Pg 10 1869 Aug 9

Murder Appeal to S.C. & Transcript The State vs Calvin Logston

CAPTION OF COURT The State of Tennessee 17th Judicial Circuit Be it Remembered that as Circuit Court began and held at the courthouse in the town of Huntsville for the County of Scott on second Monday the same being the 9th day of August 1869. Present the Hon. L. C. Houk, Presiding when the following proceedings were had Vis

Transcript from Fentress County filed & spread upon records of Scott County April 14th 1869. State of Tennessee Seventeenth Judicial Circuit, Be it remembered that at a Circuit Court began and held for the County of Fentress at the courthouse and the town of Jamestown on the 3rd Monday of November A.D. 1868 it being the 30th day of said month. Present and presiding The Hon. L. C. Houk Judge & duly commissioned and qualified to hold said Court when the following proceedings were had and entered of Record to wit: Tuesday December 1st 1868

Pg 11 1869 Aug 10

Tuesday August term Circuit Court 10th day 1869. Murder.

The State vs Calvin Logston Eliza Brown & Jane Brown

Murder. Cause the parties the atty. Genl. for the state and the Defendants in proper person and on Motion of Defendants Eliza Brown and Jane Brown by their atts and supported by special affidavit of said defendants. It is ordered that a severance of this cause be made and said defendants Eliza Brown & Jane Brown be tried separately from said defendant Calvin Logston.

Pg 12 1869 Aug 10 cont.

The State vs Calvin Logston

Murder. It appearing to the satisfaction of the Court that the Defendant in this cause is unable to Employ sufficient counsel. D.K. Young & C.J. Sawyer practicing attorneys of this court are assigned as Counsel for said defendant.

Pg 13 Jury Named

The State vs Calvin Logston

Murder. Cause the atty. Genl. for the state and the Defendant in proper person, who being charged upon said Indictment for Plea thereto says he is not guilty and for his trial puts himself up on the Country, and the atty. Genl. doth the like and there upon cause the following Jury. To wit: 1 James Newport 2 Wm R. Boshears 3 Ezekiel Newport 4 Arthur Mancum 5 John Robins 6 Josiah Phillips 7 Harrison Reed 8 Pleasant Chambers 9 Elijah Phillips 10 Wm Massengalle 11 Alfred Brown 12 Rhodes Stanley good and lawful men. Citizens of Scott County, who being duly elected, empannelled tried and sworn well and truly to try the issue of ___ Joined between the State of Tennessee and said defendant and a true verdict Render according to law and the Evidence, and the trial not being concluded they are respited from rendering their verdict and were placed under charge of a sworn officer.

Pg 14 Venue

The State vs Calvin Logston

Murder In this cause it appearing to the Court from the sworn Examination in open court of the Hon L.C. Houk, S.C. Honeycutt & R.B. Dowell Esq that the venue of the said cause was removed from the county of Fentress to the County of Scott, by an order of Court in said County of Fentress at its late December Term, by and with the said Defts. which consent was inadvertently omited from the record. Therefore it is ordered by the Court that said entry be now made for this, to which Entry being made now for these Defts Counsel’s excepts

Pg 15

The State vs Calvin Logston Etals

Murder. Cause the Atty Genl. for the state and the defendants in their own proper persons and with the assent of the Court the atty. Genl. enters a Nollo Proegui as to the informal Bills originally sent in this case retaining the Common Law Indictment for Murder last found against them.

Pg 16 1869 Aug 11

Wednesday August 11th 1869

The State vs Calvin Logston

Murder. Cause the atty. Genl. for the state and the Defendant in his own proper person and cause the following Jury Viz: 1 James Newport 2 Wm R. Boshears 3 Ezekiel Newport 4 Arthur Marcum 5 John Robins 6 Josiah Phillips 7 Harrison Reed 8 Pleasant Chambers 9 Ezekiel Newport (listed twice should be Elijah Phillips) 10 Wm Massengall 11 Alfred Brown 12 Rhodes Stanley good and Lawful Men Citizens of Scott County. Who were sworn and RespiIed on yesterday and having heard the Indictment read the Evidence of Witnesses the argument of counsel and the charge of the Non Court upon their oaths do say that the Defendant is guilty and manner and form as charged in the Indictment of Murder of the first degree without Mitigating Circumstances. Then came the Defendant in his own proper person and the atty. Genl. for the state, when the defendant by his Counsel Moved the Court in a new trial in this cause which being argued by Counsel and considered by the court. the same is overruled and disallowed.

Pg 17 1869 Aug 12

Thursday August 12th 1869

The State vs Calvin Logston

Murder. In this cause the Jury having found the defendant guilty as charged in the Indictment. It is Considered by the Court that the said Defendant Pay the costs of this Prosecution and that the Sheriff of Scott County deliver the said defendant to the Sheriff of Fentress County as soon as practicable who will Keep the said defendant in close confinement at Jamestown, in the County of Fentress and state of Tennessee Until Friday the 1st day of October 1869. On which day he that said Sheriff of Fentress County, will take him the said defendant to some convenient Locality within one mile from the Courthouse of said last mentioned County and there between the hours of 10 A.M. and 2 P.M. on said day, he the said Sheriff shall execute him the said defendant by hanging by the neck until he the said defendant shall be dead, dead, dead. And there upon cause the Defendent in his own proper person, and the atty. Genl. for the state when the defendant by his Counsel files the following reasons in arrest of Judgment in this cause, as follows to wit:  

Pg 18

The State vs Calvin Logston

Murder Caused the defendents by attys. and filed the following reasons as arrest of Judgement, in this case. The Circuit Court of the County of Scott has no Jurisdiction of this case. 1st Because the record does not show that the venue was changed from the County of Fentress to the County of Scott upon application of the Defendants. 2nd The record does not show that upon an attempt to select and or empannel a Jury in the County of Fentress for the trial of said defendant the court was of the opinion that a fair and impartial trial could not be had in said County of Fentress where said cause then pending. 3rd The record does not show that the Venue was changed to the nearest County either in or out of the Judicial Circuit in which the prosecution was then pending, where the same cause did not exist. 4th The record does not show that the Venue was changed to the County of Scott by the election or assent of the Defendant. 5th The record does not show that the defendant failed or refused to make an election and thereupon the court determined to change the Venue to the County of Scott. 6th The record does not show that R.B. Dowell who signed the Indictment against the Defendant in this case as atty. Genl. Pro-Tem. was appointed by the court as such. D.K. Young & C.J. Sawyer attys for Deft. And the said reasons in arrest of Judgment coming in for argument, and having been argued by counsel, and considered by the court the same are overruled and disallowed. And thereupon the defendant except in Law, to the action of the Court both in refusing a new trial and in disallowing the reasons in arrest of Judgment in this cause. And prays an appeal in the nature of a Writ of Error to the next term of the Supreme Court to be holden at Knoxville, on the 2nd Monday in September next, and tenders in open court his Bill of Exceptions which are signed and sealed and made a part of the record; Whereupon the said appeal is granted and the sheriff of Scott County is directed to deliver the said Defendant to the Sheriff Knox County as soon as practicable, to be Safely Kept for the future order of said Supreme Court, and in so doing the Sheriff of Scott County will be allowed six guards to accompany him.

Pg 19 1869 Aug

Bill of Exceptions Murder

The State vs Calvin Logston

Murder. Be it remembered that this cause come on to be heard before the Hon. L.C. Houk Judge of the 17th Judicial Circuit and holding the Circuit Court get Huntsville for the County of Scott Tennessee, and before a jury of Scott County Tennessee at the August term AD 1869. When the following witnesses were introduced and deposed as follows after being duly sworn. 1st J.N. Storie deposed that I live in Fentress County Tennessee about 13 miles from Jamestown. W.B. Galloway, Catherine Galloway and Lucy Galloway are dead. I helped to hold the inquest on the 20th of November 1868, early on Friday morning when we found the bodies W.B. Galloway was lying by the front door, and by the back door Catherine Galloway was found lying. And in the back of the house Lucy Galloway was lying, struck five times with something similar to a shovel on the head and side of her neck. Her head was cut open and her brains run out. W.B. Galloway was hit on the head and his brains run out. I examined all the wounds with Wm Upchurch and the Jurors of inquest Catherine aged about 26, W.B. about 4 years and Lucy about 45 or 46 years. ___ the killing was done on Wolf River in Fentress County Tennessee. There was an ax in the house that was bloody. I saw where an ax had struck the house over where Lucy Galloway was found lying. The Strokes were made by a person that is left-handed. I live about one mile from them and saw them alive and well 3 or 4 days before the 20th November 1868. There was no man living there. There was three children, one an infant not hurt, one four years old, one about 6 years old badly wounded, was speechless two days. The deaths were caused by the wounds there house was 55 steps From the Albany and Jamestown Road. We found an ax in the room, which is here shown to the Jury, it had blood brains and hair on the blade and handle also a shovel but it had been used ___ fire before we examined it. Jefferson Eraus, next sworn says I was acquainted with the Galloways 3 - 4 months before they were killed. I lived three or four hundred yards from them. I had heard of the Killing before I went to the house, when I got there the bodies had been carried away, Logston the Deft. came to our house on the Wednesday night previous to the Murder, with two of my brothers who had been hunting. It was about two hours into the night the next Friday we heard of the Killing. Logston sayed he was going to Green River Ky. where his father lived. I saw him start on Thursday morning. He left between 8 & 9 oclock. Me and Brother Wash. saw him near Galloways. and we went mill, and he went on, we saw him pass the house of Galloways. he had two six shooters loaded, he said the night before he was shooting to scare Bill Brown to see him jump. Brown was with the Galloways, Logston frequently stayed at our house. I saw Mrs Galloways two little Boys playing by the door and Catherine standing in the door when we went to mill on Thursday Morning, on our way back we saw nobody. The door was closed and no fire in the chimney. On Wednesday My brothers were out hunting about half an hour, they had no guns or pistols. When Logston came to our house in the night he said he had started to Ky. but thought he would stay all night and get an early start: James Pennycuff, deposes as follows, I live in Fentress County Tennessee, last November I lived in Clinton County Ky It is about 20 miles from where the Killing took place I saw the Defendant Logston at my uncle's near me on Thursday Evening about dark I talked him the next morning and he said his name was George Shoat that his father's name Jim Shoat and lived in Scott County. I talked to him how Hatfield’s & Pile’s were getting along. He told me they were all quiet. and he said there had been a shooting match about some house and that some persons were supposed to be killed in Fentress he had two five shooters, he said that Wm Reages and Cal Logston was supposed to have done the shooting. he sayed Logston was a cowardly fellow. I heard of the Murders on Saturday I have heard that some shooting took place near Hatfields store in Fentress County about that time. Edgar Miles, sworn says I remember about the time the Galloway family was Murdered sometime in December and Remember on a Thursday I went 4 miles above Hustenville Ky and arrested Logston, the Defendant at his fathers house I got there on Wednesday or Thursday started on Sunday it is Eighty or Ninety miles. I arrested him between 12 & 2 oclock several men with me Defendant told his mother to give him his Clothes, all were dirty, except one pair of Drawers. He had on a very dirty shirt. I could have worn a shirt two months and it would not have been dirtier than his, one of the shirts that Deft. had in his Satchel had a spot of blood on the left breast two or three inches below the shoulder. He had on a gray or drab suit. He had either of five or six shooter. He Logston sayd that his mother kept him from shooting when they came to arrest him. This was after he was arrested he made this statement I give the shirt to Geo Conatsen have seen places like it from bleeding of the nose ___ George Conatsen, say Miles delivered a shirt to me and it had spots of blood on it, on the breast and on the back. it looked as if it had been dropped on ___. The sleeves and a spot on the side looked as if it had been washed, there was a blue ___ on one corner of the tail, it was made of new Factory cloth and had never been washed all over. John Frogge, says I'm acquainted with the Defendant He made some confessions to me there was no threats used or inducements held out to him to my knowledge He was chained, Handcuffed and in Jail, had been in Jail 3 – 4 months. Don't know who had talked to him. Deft. Counsel except to the statements of the Defendant overruled by the court. Logston said he was suffering and he said others ought to be suffering with him, he said Evan’s this family. I asked him what Evans had done, he said Evan's hired him to help Kill the Galloways and was to give him a yoke of cattle. He said that Evans told him to wait until Christmas and if there was a stir up he would swear me out. and when I was gone, they killed them and laid it to me I witness was in jail the next day with Capt Millsap. Logston said that Evans 2 of his girls and two of his boys and the Deft all went down near Galloway’s house. They put him at a larg oak tree and he was to guard the road, to see that no person came upon them and the ___ went to the House. Elisha Evans went to one door and one of the other girls went to the other door, and old Mrs Galloway made several attempts to get out, and Evans pushed her back three times with a short musket the others were in the House and killed them. Then they all went back to the Elisha Evans and eat breakfast and Logston said he went on to Ky we went back after breakfast and saw that they were dead and how they were lying he swore before Esq.___ about the same as he told me. He said the evening before he was at Evan’s - Elijah Evans, said he was done being pestered with them. He said the old lady was lying in the back part of the House, this was sometime in March and he had been in Jail since the 1st of December before. There was some talk of taking him out and hanging him when he was first arrested at the time he talked to me everything was quiet. John Cobb, says that Logston said to me while in jail (I was close to him) and never made any threats and if there was any threats he did not know it. Objected to by Defts. Overruled by Court. Logston said he stood by the fence while the Killing was done. That he had brought it up on himself, he had two pistols. he said the next day he passed by the door and saw the young woman lying about the door dead they were killed in the night this was in the Jail. I was one of the Guards George Conatsen heard it. Elisha Evans. I live around 350 yds. from where the Galloways were killed, we were good friends and the old lady was my sister. I was partially acquainted with Logston, we found out on Friday morning that they were killed. Logston stayed at my house on Wednesday night before they were killed he came with the boys who had been out hunting I left him at the house the next morning when I went to Cobb’s to gather corn. I think Logston is left-handed. Lucy's brains were knocked out, she was about 50 years old I found Catherine between the door and fire-place. She was cut in the Eye, laid ___ on her back. child was lying against the front door, there never had been a ___ difficulty between us. The ax marks on the log are four or five feet from the floor, and could not have been made except by a left hand lick. There had been some hard feelings between the Browns and Galloways. Objected to by Deft. And over ruled. Logston told me he had come to my boys often the boys had tried. He said as my boys passed the Galloway house, he was lying in the fence corner, and could have touched them with his hands, and that he was shooting there to have a little fun out of Bill Brown. I have a Short Musket but it had not been out of my house since Logston had been in the Country. I have never mentioned a yoke of cattle to him on any occasion. Logston had been going about the country not engaged in any work. The Brown Women are the Aunts of Deft. Logston, I am not related to him. James Galloway, sworn deposes on preliminary examination by the court as follows I am seven years old never at court my name is James Will Galloway. I live in Fentress County Tennessee. Come here to tell about Logston. If I tell a story the bad man will get me, if I tell the truth nothing wont get me (Defendant objected to the witness as being incompetent, which object was overruled by the court) Was your Ma Killed. Yes, who did it Cal Logston. do you know him there he is pointing to him. Cal Logston hit granny first with the ax, my ax, this is the ax (which was shown to him) He hit B once, hit granny 2 times, Jane hit me. Cal hit Mother with the ax, she was carding in the morning, we had just eat breakfast, he got money out of grannys pocket, & Mothers. It was Greenback. I could tell after I was hit I was hit once with a shovel. I am not afraid of Logston I was struck after he got the money I was at the fire with brother B. Granny was at the back corner she was sitting down Logston had two pistols. He took one of them out and said he would blow a ball through granny if she did not give the money to him. He put the pistol back in his pocket, and went and got the ax after he knocked her down he got her money. he then struck Ma she was carding until after he knocked Granny down and got her money. and then he knocked Ma down and got her money struck her with the back of the ax then he struck B. and then I was struck. Lize and Jane came and said Logston was coming to kill them this was about as long as I have been sitting here before Cal come. J.N. Storie recalled I saw the Cotton cards they were lying by Catherine's body they had blood on them her right hand was broken. I've talked to Jimmy a great deal and others have talked to him perhaps I've had him to repeat it fifty times, but I never told him what to say his tale has always been the same never has been at school was about 6 years old at the time. on Sunday he showed the first consciousness his eyes could not open. I asked him who done it, who hurt him he said “Cal” I said Cal who - he said “Cal Logston” I asked who were with him he said women and then strangled back, he never connected the Evans with it in my presence but I have heard that it is reported by Moody's wife that he said one of the Evan’s women was there at the time of the Killing he was the first one that we got the information from that we arrested Logston. After last term of the Court I took Jimmy back to the house where the Murder was committed he hadn't been there since he was struck and as soon as he went in he ran and showed where each of the parties had been killed & his showing agreed exactly with the way the several bodies were found. Joshua Evans. I helped to hold the inquest. Catherine laid on her side, one of her hands were bruised & her cotton on the floor with the cards. was cut from the left eye to the ear. The old lady was lying in the back of the house we took Jimmy to E. Evan’s never heard him implicate any of the Evan’s It was reported that they had brought money with them from Van Buren County. I have seen them have money. Jimmy said that “Cal” hit him and he said there was a whole passel of women there. This is all the material evidence in the case.

Pg 20 Charge of Court

Charge of Court Murder.

The State vs Calvin Logston

Murder. Among other things not excepted to the court charged the Jury as follows. To wit: “Gentleman of the Jury.” this is an indictment prefered by the state with J.N. Storie as prosecutor against Calvin Logston. and others charging them with the murder of Lucy Galloway, Catherine Galloway and W.B. Galloway. The Defendant Calvin Logston is alone on trial, a severance having been granted. The statute on which this indictment is founded is in the following language “If any person of sound memory and discretion unlawfully kill any reasonable creature in being and under the peace of the State, and with malace aforethought, either express or implied, such person is guilty of Murder. Every Murder perpetrated by means of poison, lying in wait, or any other kind of wilful, deliberate, malicious and premeditated killing, or committed in the perpetration of, or attempt to perpetrate any Arson, Rape, Robbery, Burglery, or Larceny is Murder in the first degree. All other kinds of Murder shall be deemed Murder in the second degree.” The court has given you this broad basis, of the law of Murder and will now attempt to reduce it to such elements and principles as are applicable to the present case. The perpetrator must be “of sound memory and discretion” that is he must be possessed of such reason as to know the result of his wrongful act -- he must be capable of Understanding the obligations of society, and man's Moral and legal accountability for his conduct. He must be neither a lunatic nor an idiot. The Law presumes every man to be responsible, until he is shown to be otherwise. In order to constitute Murder the Killing must be unlawfully done and with malice aforethought either express or implied. Express malice may be that malicious purpose which is evidenced by declarations or threats, as for instance where the person charged expresses his intention to Commit the act by the use of language, showing the preformed purpose to take the life of the party slain. The malice necessary to constitute the Crime of Murder, called implied malice may be infered from the acts of the perpetrator, as for instance. When the Killing has been established, the law presumes it was malicious until it is shown to have been otherwise, it may be shown to have been done, to preserve his own life or person. or for some other of the causes for which the law Justifies, or excuses the taking of human life. A Killing then, with either express or implied malice will Constitute the offence of Murder. Whether Murder in the first or second degree, depends upon the intent with which the perpetrator acted. If committed “by means of poison” the law presumes the “Malice aforethought.” “The premeditation” “the Deliberation” and feloniously intent, which is necessary to make it murder in the first degree. So, if the perpetrator lies in wait that is, ___, himself, or deliberately takes advantage and slays another intending to accomplish the end of taking the life of the party slain it is Murder in the first degree. Any kind of wilful, deliberate, malicious and premeditated Killing, will constitute the Crime of Murder in the first degree. Wilfully means of purpose with intent that the act by which the life of the party is taken should have that effect: deliberately means with cool purpose a fixed intention to effect the death of the party slain. Maliciously means from a preformed purpose with malice aforethought ‘premeditatedly’ that is, a design must be formed to kill before the act by which the death is produced is performed. In other words proof must be adduced by the state to satisfy the mind that the death of the party slain, was the ultimate result, which the concurring will, deliberation, and premeditation of the party accused sought to effect at the time he did the act which resulted in the death of the slain. The malice aforethought the premeditation and deliberation necessary to make out this offense in the 1st degree need not exist for a long period of time. It is sufficient, that the perpetration, premeditated but for a moment of time so that he intended at the time he did the act by which the party slain was killed, that it should be the effect it did have -- that when the blow was stricken it was intended to produce death. The law knows of no specific time, within which the intent to kill must be formed in order to make it murder. A killing not ___induced by passion or provocation, deliberate and premeditated is ___ murder on the first degree, though deliberated and premeditated but a moment All other kinds of murderer shall be deemed Murder in the Second Degree, as for instance when the killing took place under the influence of passion or provocation, before the passion had time to subside. The Killing may be mitigated from the first degree to Murder in the second degree, by any cause which excludes the existence of the mental state requisite to constitute the first degree of guilt. It is murder in the first degree when the killing takes place in the commission of Arson, Rape, Burglary, Larceny, or Robbery. When the offence is committed while the perpetrator is engaged in the commission of any of these felonies, the Law makes it Murder in the first degree. If committed while attempting to commit any of these offences, it is Murder in the first degree. So in this case, if you shall believe from the proof, that the defendant was engaged in taking the life of the persons charged to have been slain by him, you will apply the facts & circumstances developed by the proof to the principles of Law here laid down. and it is your exclusive province to determine the guilt or innocence of the accused. Having laid down these principles of law, as to the offence of Murder, it also becomes the duty of the Court to instruct you in regards to the rules of evidence by which you are to arrive at the guilt or innocence of the defendant. The State has offered in evidence the confessions of the defendant, the admission of which depend upon their having been made freely and voluntarily, without even the suspicion of having been induced by threats of severity, or promise of favors or of any influence over the slightest having been exercised over the mind of the defendant in order to induce a disclosure. Evidence of Confessions is liable to abuses. They are generally made by persons under arrest, in agitation and distress, when each Ray of hope is eagerly sought after, and when they are expected to produce personal safety, or at least lessen the severity of impending doom. Confessions if Contradictory Must be discarded. The question of Circumstantial evidence is also presented in this case. The Court instructs you that circumstantial proof when clearly made out, is as reliable in Law as even the positive swearing of witnesses. However, before you should find the defendant guilty, the whole Evidence both circumstantial and positive, when taken together must generate full belief of his guilt to the exclusion of all reasonable doubt. One circumstance, or even a series of circumstances, pointing to the guilt of the Defendant, might not be sufficient to warrant a verdict of guilty, because there might be various circumstances pointing to his guilt, but yet not constituting such a perfect chain, as to exclude all reasonable doubt -- one link may be lacking to constitute it a perfect chain, so as to conclusively establish his guilt. But when one fact and one circumstance after ___, each connected together one with each preceeding and following circumstance, pointing to the irresistible conclusion, of the defendents guilt. You are warranted the law and it is your duty to find him guilty. Again Gentleman in regard to any conflict that may arise in the statements of Witnesses, and the Circumstances which may appear in the proof it is your first duty to reconcile and believe all the statements of the witnesses to be true, if it be possible to believe them all: if not then you are to believe those witnesses and statements, which under all the circumstances are most consistent with themselves, and with reason and Common Sense. As to the Evidence of the Witness “Jimmy” The Court instructs you, that while his Evidence is to be received with great caution and prudence, yet his statements are admissible and you as Jurors are to weigh them and give to them such weight as you in your own Judgment may deem their entitled to, from the Circumstances of Corroberation developed by other evidences and independent proof. If you shall believe from the proof that the proof that the defendent did not commit

PAGE MISSING FROM TRANSCRIPT

to aid and abet if it should be necessary to accomplish the Killing such as watching, guarding, or like means, whereby to aid in the execution of the original devised scheme of Killing -- Mitigating circumstances, may be looked to, if such appear from the proof and you may say in your verdict that the defendant is guilty of Murder in the second degree. Murder in the first degree with Mitigating Circumstances or if you Shall believe no mitigation has been shown by the proof, you may find the defendant guilty of murder in the first degree without mitigation. Mitigating circumstances, would be such as when the defendant might have been lead into the commission of the act by undo and improper influences of older and wiser and more ___ persons. Or when the perpetrator was under the influence of strong drink or the like influences. Where one person had at some other time imposed upon the slayer, and for such real or even imaginary wrong the person had deliberately killed his real, or supposed enemy, and thereby attempted to have avenged his supposed wrongs. Such circumstances might be looked to by the Jury as acts of mitigation. Before you can find the Defendant guilty in either the first or second degree, you must believe from the proof that no other conclusion than his guilt, can be consistent with the proof of the case -- both positive and circumstantial as detailed by the witnesses. If after connecting all the circumstances detailed and the proof you should have a reasonable well grounded doubt of the defendents guilt, he is entitled to the benefit of any such doubt and upon the existence of such doubt in your minds, it would be your duty to return a verdict of not guilty. The reasonable doubt known to the law is not something grasped after, and sought for, outside of the proof, but it must be a doubt founded upon reason when applied to the circumstances presented by the evidence when taken as a whole, and linked together. If there is a reasonable doubt of the existence of any one of the links, making up the chain of facts that lead to the conclusion of the guilt of the defendant, he is entitled to an acquittal But if you shall believe the evidence altogether inconsistent with the innocence of the defendent it will be your duty to find him guilty. Murder in the first degree will simply leave the defendent in the hands of the Court. To receive the Judgment of the law, and if you find him guilty of Murder in the first degree without mitigating circumstances, you will simply say in your verdict that you find him guilty. If you find him guilty of Murder in the first degree with mitigating circumstances you will advise the court in your verdict that you find him guilty of Murder in the first degree with Mitigating Circumstances, & in that event the Court will have the discretionary power to permit the defendent to be hanged or else imprisoned for life, in the State Penitentiary. If you shall believe from the proof that the defendent is guilty of murder in the 2nd degree, it will be your duty to fix his punishment, by confinement in the State Penitentiary for less than ten ___ more than twenty years. The court instructed the Jury more fully as to the law of homicide, in all its grades, including man Slaughter, and self defences, it was not objected to nor in writing, and hence the written part of the charge is furnished although no exceptions were taken or different instructions asked. L.C. Houk, Judge

Pg 21 1869 Sep 20-Bill of Costs

Bill of Costs Murder. Trial, Guilty,

The State vs Calvin Logston

State Tax $ 3.50 County Tax 3.50 Atty. Genl R.B. Dowell 20.00 Clerk S.L. Chambers Enrolling cause transcript at 4000 words 10 E = 4.00 4 dockets & nos 25 E = 1.00 aff for court .25 Cont = 0.25 order on appointing atty General pro Tem 0.25 order standing prisoner to jail of Knox County 0.25 copy same 0.25 order severing trial 0.25 app for same 0.25 order assigning prisoner Counsel 0.25 cause upon trial dockets 6 10 E = 0.60 empannelling Jury 50 ch oplea 25 order ___ Jury 0.25 order for Entry ___non 0.25 motion Excepting the same 0.25 Motion to ___ pr___ ___ Bill 0.25 order on same 0.25 Judgment 0.75 Motion for new trial 0.25 order overruling 0.25 motion in arrest of judgment 0.25 order on same 0.25 order overruling motion in arrest 0.25 order remanding prisoner to jail of Knox Co 0.25 copy same 0.25 order allowing supp guard 0.25 copy 0.25 bill costs 0.50 copy 0.25 order allowing appeal 0.25 Transcript to Superior Court ___ Woods 10 = postage 9.00 25 issuing 21 issuing ___ 25 E 4.25 CTF and seal 28.10 M.D. Bearden Shff of Knox Co keeping and boarding prisoner in Co Jail of Knox Co from April 17th 1869 to August 5th 1869 110 days at 60 per day = $66 & two turnkeys .50 Et= 1.00 67.00 Witness John M Frogge 5 days & 174 16.20 Witness WB Williams 5 days & 172 16.10 Witness Joshua Evans 5 days & 180 16.50 Witness Elisha Evans 5 days & 180 16.50 Witness Mandy Evans 5 days & 180 16.50 Witness Jefferson Evans 5 days & 180 16.50 Witness James F. Pile 5 days & 172 16.10 Witness Jas T Penticuff 5 days & 252 20.10 Witness Jas E Crouch 5 days & 182 16.60 Witness Jane Paul 5 days & 180 16.50 Witness Joseph Upchurch 5 days & 176 16.30 Witness Anna Price 5 days & 180 16.50 Witness Edgar Miles 5 days & 202 17.60 Witness Wm Brown 2 days & 64 6.20 Witness M.R. Millsaps 5 days & 133 14.15 Witness John Cobb 5 days & 1.24 13.70 Witness George Conatser 5 days &120 13.50 Witness Lucinda Brown 2 days & 64 6.20 Witness W.C. Wittenburg 2 days & 98 9.40 Witness James A Galloway 5 days & 180 16.50 Witness Jas N Storie 5 days & 180 16.50 Witness Jane Price 3 days & 90 9.00 Witness Samuel Paul 3 days & 90 9.00 Witness Alex Paul 5 days & 180 16.50 Witness Jn Crouch 3 days & 90 9.00 Witness Wm Upchurch 3 Days 86 8.80 Shff Jas Sharp conveying prisoner to jail of Knox Co for safe keeping under order of Court the 16th April 1869, going after prisoner & bringing him to Scott Co for trial the 4th of Aug 1869 and returning him to jail of Knox Co again after trial the 13th Aug 1869 - three trips going and returning 132 miles E=396 Ms at 10 = 39.60 Shff James Sharp boarding self, Guards & prisoner on each of the above named trips 3 days each trip, three meals each day, (four guards being allowed by order of court) in all 153 meals @ 25₵ per 38.25 Shff James Sharp boarding Guards at Huntsville during and awaiting trial 4 Guards 8 days E. = 32 days 3 meals E = 96 ___ @ 25 E 24.00 Shff Sharp boarding prisoner at Huntsville during & awaiting trial 8 days @ 60₵ + keys 6.80 Guard J.S. Duncan 8 days & nights @ 2.00 E & three trips to Knoxville and return same as Shff above 132 E trip = 396 miles @ 5₵ per mile $19.80 = 35.80 Guard Joshua Murphy 1 day & night @ 2.00 & one trip to Knoxville & ret.132 Mi @ 5₵ 6.60 8.60 Guard Ensley Jeffers 1 day & night @ 2.00 & one trip to Knoxville & ret. 132 Mi @ 5₵ 6.60 8.60 “ W.C. Owens 8 days & nights @ 2.00 & 2 trips to Knoxville & ret 132 Mi E= 264 mi @ 5₵ per mile = 29.20 “ Wm Sharp two trips to Knoxville & ret for prisoner 132 Mi E= 264 mi @ 5₵ per mile = 13.20 “ N.P. Crop 4 days & 4 nights @ 2.00 E 8.00 “ J.M. Newport 8 days & nights @ 2.00 E & 2 trips to Knoxville & ret 132 Mi E= 264 mi @ 5₵ per mile = 29.20 R Pemberton feeding sworn officers & Jury 3 meals E = 39 Meals @ 25 E 9.75

I S.L.Chambers Clerk of the Circuit Court of Scott County do certify that the foregoing is a true and perfect transcript of the Record and Bill of Costs remaining in my office in the Case of the State of Tennessee versus Calvin Logston for Murder. Given under my hand and seal office this 20th day of September 1869 S.L. Chambers Clerk Circuit Ct. Scott Co. Tenn.

Pg 22 1869 Sep 22

State course No. 9 5th Circuit Scott County

Calvin Logston ___ Murder vs The State

Recd and Filed Sept 22nd 1869 ___ M.S.Patterson Clerk

___ and remanded to the Circuit Court of Fentress County

Page is marked “Taxed” and has a seal.  

Pg 23 1869 Aug14-Oct 27

Calvin Logston vs The State

State of Tennessee to M.D. Bearden Sheriff & Jailer of Knox Co As to keeping and Boarding the defendant in the County Jail of Knox County from August 14th to Oct 27th 1869 74 days at 60₵ per day $44.40 To 4 turnkeys 50₵ each 2.00 Officer M.D. Bearden for conveying prisoner from Knoxville to Jamestown going and returning 170 Mi at 10₵ per mile 17.00 To 6 six gards going and returning 170 Mi each making in all 1,020 miles at 5₵ per mile 51.00 Sworn & Subscribed to Total $ 114.40 before me Nov15/69. M.D. Bearden M.L. Patterson Clk Shff. & Jailor

Pg 24 1871 Aug 2

State cause No. 12 3rd Circt Fentress County

The State vs Calvin Logston Retax of Costs

Recd & filed August 2nd 1871 Cert. J.F. Deaderick Clk

State vs Logston

Pg 25 1871 Jul 24

State of Tennessee Fentress County Be it Remembered that at a Circuit Court of the 3 judicial Circuit began and held in and for the County of Fentress at the courthouse in the town of Jamestown on the 4th Monday of July in the year of Our Lord Eighteen Hundred and Seventy One and presiding The Honorable E.L. Hall Judge of said circuit when the following proceedings were had and entered of record to wit

The State of Tennessee vs Calvin Logston

Murder Motion to ___ costs accruing to the Sheriff, Clerk, Guards and Witnesses upon the trial of the defendant in Scott County Came. John M Cordelle former deputy Clerk of the Scott County circuit and moved the court for a retaxation of the Bill of costs a true copy of which is herewith filed in the office of the clerk of this court which accrued on behalf of the state in this cause accruing upon the trial of the defendant in the Circuit Court of Scott County and the atty-General who prosecutes on behalf of the State being in court agreed that lawful notice of said motion has been given him and it- appearing to the satisfaction of the Court that an Indictment in the foregoing cause was regularly found at the March term of the Circuit Court 1869 for Fentress County and at the same time the Circuit Judge presiding by order changed the venue of said lease to the circuit Court of Scott County for trial and it appearing to the satisfaction of the Court that upon said trial the witnesses whose names appear to said Bill of Costs were Subpoenaed by order of the atty-General bound to attend and did attend two times of the Circuit Court in Scott County pending said trial and upon conviction and Judgment was had and an appeal Prayed by the defendant to the Supreme Court at Knoxville and duly granted and it further appearing that upon the hearing of said cause in said Supreme Court the Judgment of said Circuit Court below was severed and the defendant remanded to the Circuit Court of Fentress County for trial the venue having been improperly Changed by order of said Circuit Court of Fentress County and it further appearing to the satisfaction of the court that at the March term 1870 of the Circuit Court of Fentress County that the District Atty who prosecutes for the state leave and by leave of the Court entered a Nolie Prosequir as to the indictment upon which the defendant was tried in the Circuit Court of Scott County and it appearing that upon the taxation of the Bill of costs in this cause upon said Nolie Proeyuil by the clerk of this court he omitted to tax the costs occurring on behalf of the state upon the trial of said cause in circuit court of Scott County. The court is therefore pleased to order that said bill of costs as filed by said John M Cordell former Clerk of Scott County be released by the clerk of this court so as to allow the legal costs accruing on behalf of the state incident to the trial of said defendant in Scott County and so as to include said costs accruing on behalf of the state in said county and the clerk of this court having presented said bill of costs and filed the same and it fully appearing to the satisfaction of the court that upon the duration of the costs where this cause was Nolie Prosequed the legal costs of said cause as appears by said copy of costs herewith filed as shown by the report of the clerk of this court and directed here to be spread of record upon the execution docket it is therefore considered by the court that the state of Tennessee pay her court costs in said bill of costs herewith filed upon the same being legally certified and the clerk of this court will make out and certify the same to the Comptroller of Treasury for payment from which judgment the Att-General prayed an appeal to the next term of the Supreme Court at Knoxville which appeal is granted by the court. Bill of costs Dept-Clerk J.M. Cordell _olering transcript of cause at 4,000 words 10 of E= 4.00 4 Dockettings and Nos 25 E = 1.00 affidavit for continuance 25 Continuance 0.25 order for same 25 order appointing Atty Genl protem 0.25 order approving prisoner to jail of Knox Co 0.25 copying do for Sheriff 0.25 order severing trial 0.25 aff for same 0.25 ordering assigning prisoner Councel 0.25 cause upon trial docket 6 times 10 E = 0.60 empaneling jury 0.50 Ch and plea 0.25 order ___ jury 0.25 order entry ___ ___ 0.25 motion excepting to save 0.25 Motion to Nollie Proseque informal bill 0.25 order of same judgment 0.75 motion for new trial 0.25 order overruling same 0.25 motion nearest of judgment 0.25 order on same 0.25 order overruling motion in arest of judgment 0.25 order remanding Defendant to jail of Knox Co 0.25 copying same 0.25 order allowing Shff additional guards 0.25 copy do 0.25 Bill costs 0.50 copy 0.25 order allowing appeal 0.25 Transcript to Supreme Court 9000 words 10 W $ 9.00 postage 0.25 issuing subpoenas for 21 Witnesses 10 E = 2.10 certificate and seal 0.75 Total $ 25.95 W.L. Bearden Sheriff Knox County keeping and boarding Defendant in County Jail of Knox County from April 17th to August 5th 1869 110 days at 60 per day $66.oo and two turnkeys 0.50 E = 1.00 = 67.00 Sheriff James Sharp conveying prisoner to jail of Knox County for safe keeping under order of the Court the 16th day of April 1869 going after prisoner and bring him to Scott County for trial the 4th of August 1869 and returning to jail of Knox County again after trial the 13th of August 1869 three trips going and returning 132 Mi each in all 396 at @ 10 per mile 39.60 $ 39.60 Sheriff James Sharp for boarding self guards and prisenor on each of the above-named trips three days each trip three meals each day 4 guards being allowed by order of the Court in all 13-3 meals at 0.25 per meal $38.25 (tax) $ 38.25 Sheriff James Sharp boarding prisoner at Huntsville during and awaiting trial 8 days at 60 per day and for turnkeys at costs E $6.80 $ 6.80 Guard J.J. Duncan 8 days and nights at $2 and three trips to Knoxville and returning(as Sheriff above) 132 miles each trip 396 Miles at ___ per mile $19.80 $ 35.80 Guard Joshua Murphy day 1& nights $2.00 and one trip to Knoxville and returning 132 miles at 5 = $6.60 $ 8.60 Guard Ensley Jeffery 1day & night at $2.00 and one trip to Knoxville and returning 132 miles at 5 = $6.60 $ 8.60 Guard W.C. Givens 8 days and nights $2 each and two trips to Knoxville and ret 132 Miles each 264 Mi at 5₵ per mile $13.20 $ 29.20 Guard William Sharp going to trips to Knoxville and returning prisoner 132 miles each 264 miles at 5 cents each $13.20 $ 13.20 Guard A.P. Craf 4 days and nights at $2 E $ 8.00 Guard J.M Newport 8 days and nights at $2 E $16.00 going two trips to Knoxville and returning 132 Miles E = 264 miles at 5₵ $13.20 $ 29.20 R Pemberton feeding Sworn officers and jury 3 meals each 39 Meals at 25₵ each $ 9.75 S. Witnes John W Frogg 5 days cert of Co f 174 miles $ 16.20 “ “ W.B. Williams 5 days cert of Co f 172 miles $ 16.10 “ “ Joshua Evans 5 days cert of Co f 180 miles $ 16.50 “ “ Elisha Evans 5 days cert of Co f 180 miles $ 16.50 “ “ Mary Evans 5 days cert of Co f 180 miles $ 16.50 “ “ Jefferson Evans 5 days cert of Co f 180 miles $ 16.50 “ “ James F Pile 5 days cert of Co f 172 miles $ 16.10 “ “ James T Penicuff 5 days cert of Co f 252 miles $ 20.10 “ “ James E Crouch 5 days cert of Co f 182 miles $ 16.60 “ “ Jane Paul 5 days cert of Co f 180 miles $ 16.50 “ “ Joseph Upchurch 5 days cert of Co f 176 miles $ 16.30 “ “ Anna Price 5 days cert of Co f 180 miles $ 16.50 “ “ Edgar Miles 5 days cert of Co f 202 miles $ 17.60 “ “ Wm Brown 2 days cert of Co f 64 miles $ 6.20 “ “ M.R. Millsaps 5 days cert of Co f 133 miles $ 14.15 “ “ John Cobb 5 days cert of Co f 124 miles $ 13.70 “ “ Geo Conatser 5 days cert of Co f 120 miles $ 18.50 “ “ Loucinda Brown 2 days cert of Co f 64 miles $ 6.20 “ “ W.C.Whitenburg 3 days cert of Co f 98 miles $ 9.40 “ “ Jas A Galloway 5 days cert of Co f 180 miles $ 16.50 “ “ James H Story 5 days cert of Co f 180 miles $ 16.50 “ “ Jane Price 3 days cert of Co f 90 miles $ 9.00 “ “ Samuel Paul 3 days cert of Co f 90 miles $ 9.00 “ “ Alexander Paul 5 days cert of Co f 180 miles $ 16.50 “ “ John Crouch 3 days cert of Co f 90 miles $ 9.00 “ “ Wm Upchurch 3 days cert of Co f 86 miles $ 8.80

State of Tennessee Scott County

I James Sharp Clerk of the Circuit Court in and for said County and State do hereby certify that the foregoing is a full true and perfect copy of the Bill of costs which acrued on behalf of the State vs Calvin Logston as fully appears of record an file in my office In witnes whereof I have hereunto set my hand and affirmed my official seal at office in Huntsville this 24th day of July A.D. 1871 James Sharp Clk ___ Co Circuit Court

Pg 26 1871 Jul

State of Tennessee County of Fentress John M Cordell former Deputy Clerk of the Circuit Court for Scott County and State aforesaid ___ before ___ ___ ___ and oath in due form of law that the foregoing bill of costs as appears of record in the clerks office of the Circuit Court of Scott County of which the following is it true and perfect copy is coreect and the witnesses whose names appears to Bill of costs were actually subpoenaed by order of the Atty General to attend and did attend and claimed their attendance according to law and said case J.M Cordell former Deputy Clerk

Sworn to And Subscribed before me this 26th of July A.D. 1871

E.L. Hall Judge of 3. Judcial Circuit

Pg 27 1871 Jul 26

State of Tennessee Fentress County

I L.S. Smith Clerk of the Circuit Court of said County certify that the foregoing is a full and perfect copy of Bill of costs accured on the part of the state as appears of record by transcript from the Circuit Court of Scott County and the Judgment of the court against the state for the payment of the same in the cause of the State vs Calvin Logston et als as the same appears of record in my office Given under my hand at office in Jamestown this 26th day of July 1871 L.S. Smith Clerk

Bill of Costs LS.Smith clerk motion ___ costs $ $ 0.25 judgment $ 0.75 order of appeal $ 0.25 This transcript $ 2.11 Certificate and seal $ 0.75 $ 4.10

Pg 28 1871 Aug 17

State of the State of Tennessee Fentress County

I L.S. Smith Clerk of the Circuit Court in and for said County and State do hereby certify that the foregoing is a full perfect and transcript of the complete record upon a motion in the Circuit Court of Fentress County to retax the costs accumulated in Scott County on behalf of the state in the case of the State vs Calvin Logston for murder is the same appears of record and on file in my office In testimony whereof I have hereunto set my hand and affixed my official seal of office on this day 17 day of August 1871 L.S. Smith Clerk of the Court of Fentress County Tennessee

Section 2 Pg 1 1871 Jun 5

State of Tennessee Be it remembered that at a Circuit Court began and held at the Court house in Livingston Overton County, Tennessee on the first Monday the same being the 5th day of June, 1871, present and presiding the Honorable Samuel M. Fite Judge of the 5th Judicial circuit Court was opened in due form by the Sheriffs and among other proceedings of said Court a cause was heard and determined of which the following is a full, true and perfect Transcript of the record to wit; [Transcript from Fentress County] Monday March the 27th 1871} State of Tennessee} Fentress County} Be it remembered that at a circuit court of the 3rd Judicial circuit began and held in for said county of Fentress

Section 2 Pg 2 Start of Trial

at the Court house in the town of James town, on the fourth Monday of March in the year of our Lord, one thousand eight hundred and seventy one, present and presiding the Honorable Elijah T. Hall Judge of said Circuit the following proceedings were heard and entered of record. Wednesday March 29th, 1871. The State} No1? Vs.} Murder Calvin Logston} Came The Attorney General who prosecutes on behalf of the state and the defendant being brought to the bar is present in person as will as by counsel, and this cause being regularly reached on the docket and called for Trial thereupon the defendant, by himself and his counsel presented affidavit for change of venue in said cause, Sworn to by the defendant and two compurgators, stating that there existed a prejudice against said defendant in this cause to such fair and impartial trial in this

Section 2 Pg3

Cause in this county where the offence is alleged to have been committed and he therefore asked for a change of venue from this county to the County of Overton, Tennessee that being the nearest county free from like exceptions. And it appearing to the satisfaction of the Court that there does exist in the county of Fentress aforesaid against the said defendant, Calvin Logston, in this cause such excitement that he cannot have a fair and impartial trial in this cause in said Fentress County: and it further appearing to the Court that it will be now impossible to obtain a jury of legally competent men, citizens of said county to try this cause owing to the excitement aforesaid. It is therefore ordered by the Court that upon said application of the defendant the venue in this cause be changed and thereupon it is demanded by the Court of the defendant and his

Section 2 Pg 4 Change of Venue

Counsel to what county free from like exceptions this cause shall be sent for trial and the defendant elected the county of Overton, which is the nearest county to the said County of Fentress and free from like exceptions. It is therefore ordered by the Court that the venue be changed in this cause to the County of Overton, State of Tennessee. The Attorney General and the said defendant both conceding thereto in open court and this cause be transmitted to Livingston, the County site of Overton for trial, and that the clerk of this Court make out and certify a true correct and perfect transcript of the record of this cause as appears upon the records of this court, which together withal of the original papers of this cause he will enclose in a safe and secure wrapper, and seal the same and cause the same to be delivered by some safe messenger to the clerk of the Circuit court of Overton county, Ten-

Section 2 Pg 5

-nessee, at Livingston, on or before the next term of the circuit court, and thereupon the defendant is remanded to jail. Wednesday March 29th, 1871 [Recognizance of witnesses] The State} No 1. Vs} Murder Calvin Logston} Came The Attorney General who prosecutes on behalf of the State and the venue in this cause having been changed from this county to the county of Overton, thereupon motion of the Attorney General, the witnesses in this cause were required to enter into their recognizance for their appearances at the next term of the circuit court for the county of Overton, thereupon came J. H Story, Washington Evans, James H. Pile, George S. Kington, M. R. Millsaps, John W. Frogg, Mary Evans, George W. Conatsen, who severally acknowledged themselves to owe and be indebted to the state of Tennessee in penal sum of two hundred and fifty dollars to be levied of their respective goods

Section 2 Pg 6

and Chatels, lands, and tenements for the use of the state of Tennessee, but to be void, on condition that the above bound witnesses shall well and truly make their personal appearance before the Judge of our circuit court at a court to be held for the county of Overton state of Tennessee, at the Courthouse in the town of Livingston on the first Tuesday after the first Monday in June next to testify and give evidence on behalf of the state in this cause, and do not depart the Court, with out leave. Thursday March 32st 1871 [Order to take deft. To Gainesboro jail] Margin Text The State} No 1. Vs} Murder Calvin Logston} Came The Atty. General, who prosecutes on behalf of the state, and the defendant in his own proper person, and it appearing to the satisfaction of the court that the jail house of Fentress County is not secure for the detention of…

Section 2 Pg 7 Decision to Confine to Jail

prisoners. It is therefore ordered by the Court, that the Sheriff of this County, take and deliver the defendant to the Sheriff and jailor of Jackson County at Gainesboro Tennessee to be confined in said jail for safe keeping to await a charge now pending against him by change of venue to Overton county, to be delivered to the sheriff of Overton County upon the order of the circuit court of Overton County, that being the nearest secure jail to the county of Fentress, and that the Sheriff have two of a Guard to accompany him and the clerk of this court will furnish the Sheriff a copy of this order to be delivered to the Sheriff or jailors of Jackson County with the prisoner. Bill of Costs D. F. Smith, clerk copying indictment 66: Copies? 75; affidavit 25, order for change of venue 25; recognizances

Section 2 Pg 8

of witnesses 25, order sending defendant to jail 25; copying same for sheriff 25; Transcript of record 88; seal of the Court 50; Clerk’s Certificate 25;=$429 John W. Frogg arrest 100 100 State of Tennessee $529 Fentress County} J. D. F. Smith Clerk of the circuit court for said county and State hereby certify that the foregoing 5 pages contain a full and complete transcript of record in the case of the State vs. Calvin Logston as the same appears of record in my office. In Testimony whereof I have hereunto set my hand and affixed my official seal of our said court at office in Jamestown this 9th day of May, 1871. D. F. Smith Clerk (Seal of Fentress County Circuit Court) Circuit Court of Fentress County [Indictment] State of Tennessee – Fentress County. March Tenn. of the Circuit Court, eighteen hundred and seventy one. The Grand Jurors for the State of …

Section 2 Pg 9 Accusation

Tennessee being duly summoned, elected, empannelled [sic], sworn and charged to inquire for the body of the county Fentress in the state of aforesaid upon their oath aforesaid. Present that Calvin Logston late of said County, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigations of the devil on the nineteenth day of November, A. D. 1868, with force and arms, in the county of Fentress aforesaid in and upon one Catherine Galloway in the peace of God and the state, then and there being, wilfully, deliberately, premeditatedly, maliciously, feloniously and of his malice afore thought, did make an assault, and that the said Calvin Logston with certain Pistols and guns and axes of the value of Five Hundred Dollars the said Pistols and Guns, then and there loaded and charged with Gun powder and divers and many leaden balls and shots; which Pistols, axes and Guns, him the said, Calvin Logston

Section 2 Pg 10

In his hands then and there had, and held to, against and upon the said Catherine Galloway, then and there wilfully, deliberately, premeditatedly, maliciously, feloniously, and of his malice afore thought did shoot and discharge and with the said axes did strike cut and mash, and that the said Calvin Logston with leaden balls and shot aforesaid, out of the pistols and guns aforesaid, then and there by force of the gun powder, shot discharged and set forth as aforesaid and by means of the striking, cutting, mashing aforesaid with the axes aforesaid, the said Catherine Galloway in and upon the head breast and body of her, the said Catherine Galloway, then and there wilfully, deliberately, premeditatedly, maliciously, feloniously and of his malice afore thought, did strike penetrate , cut, mash and wound, giving to the said Catharine Galloway, then and there with the leaden balls and shots aforesaid, aforesaid, so as aforesaid, shot, discharge and sent forth out the Pistols and

Section 2 Pg 11

guns aforesaid and with the axes aforesaid by means of the striking, cutting and mashing aforesaid by the said Calvin Logston, in and upon the said head breast and body of her the said Catharine Galloway, diverse mortal wounds of the depth of eight inches and of the breadth of three inches of which said mortal wounds, the said Catharine Galloway on the said 19th day of November, A. D. 1868, in the County of Fentress aforesaid, instantly died. And so the jurors aforesaid upon their Oath aforesaid, do say, that the said Calvin Logston the said Catharine Galloway in manner and form aforesaid, wilfully, deliberately, premeditatedly, maliciously, feloniously, and of his malice aforethought, did then and there kill and murder, in the first degree, Contrary to the form of the statute in such case made and provided and against the peace and dignity of the State. J.M. Thornburgh, Atty. Gen.

Section 2 Pg 12 Decree to Sheriff

Endorsed. Indictment No 1. Murder the State vs. Calvin Logston. Prosecutor James H. Story Witness J. W. Frogg Sworn in open court and sent before the Grand jury March 28th, 1871. D. J. Smith Clerk A true bill. E. D. Wright Foreman of the Grand jury Witness for the State. J. H. Story, Washington Evans, Edgar Miles, J. F. Pile, Franklin Raines, John Cobb, Jane Brown, Joshua Evans. James Galloway, G. M. Conatsen, Alex Paul, Nancy Anderson, Mary Evans, Nile Whittenburg, Catherine Story, Nancy Pile, Amanda Evans, Jno. W. Frogg, G. S. Kington, M. R. Millsaps Clerk Summon the above J.M. Thornburgh Atto. Genl. State of Tennessee To the Sheriff of Fentress County Greeting: You are hereby commanded to take the body of Calvin Logston and have him before the judge of our circuit court, at a court to be held

Section 2 Pg 13

for the county of Fentress at the court house in Jamestown instantly to answer a charge of the state exhibited against him by Indictment for murder and have you then and there this wit. Witness, D. F. Smith, Clerk of our said Court, at office in Jamestown the 4th Monday of March 1871 D. F. Smith, Clerk Endorsed No. 1 Copies. The State vs. Calvin Logston Issued March 29th 1871 D. F. Smith Clerk Came to hand same day Iss’d and executed as commanded this March 29th 1871. J. W. Frogg D. Sherriff. [Afft. to Change name] The State} Vs} Murder Calvin Logston} In this cause the defendant make oath that some two years since or more an attempt was made in the county of Fentress to select and empanel a jury for the Trial of affiant upon

Section 2 Pg 14 Jury Ordered

said charge and upon said efforts to make said jury, the then presiding Judge was of the opinion that a jury could not be made in said county to try affiant ordered the change of venue in said cause to the county of Scott, and after the first Term of said court after the venue was changed to said county of Scott, affiant was put upon his trial in said county of Scott, upon said charge and was convicted of Murder in the first degree. From said Judgment affiant appealed to the Supreme Court at Knoxville, and said Supreme Court reversed said Judgement and remanded said cause to the circuit court of Fentress county. At the December Term of the circuit court for said county of Fentress in the year, 1869, (as affiant now remembers) he was again put upon his trial in said county of Fentress and was again convicted of Murder in the first degree. From this Judgement he again appealed to the Supreme Court, when said Judgement…

Section 2 Pg 15

was again arrested, reversed and said cause remanded to the circuit Court of Fentress County, where the same is now pending, upon a new indictment for the same offence, the old indictment for the same offence, the old indictment having been held defective and insufficient by the courts and it having been dismissed. In consideration of the aforesaid facts affiant states that there exists, in the county of Fentress, which is the county where it is alleged that said offence was committed, an undue excitement against affiant and that on account of said excitement he cannot have a fair and impartial trial. He further states that Overton County is the nearest county free from like excitement, and he asks that the venue in said cause be changed from the county of Fentress to the county of Overton. Sworn to and subscribed before one this 28th March 1871 D. F. Smith, Clerk} Calvin Logsdon

Section 2 Pg 16

And Came Margaret Logston & Wm. Gentry, who being duly sworn State that they have heard the affidavit of Calvin Logston read and they fully concur with him in all particulars. Sworn to and} Margaret (her mark) Logston Subscribed before) Wm. (his mark) Gentry Me 28th March 1871} D. F. Smith Clk) Filed March 29th, 1871 D. F. Smith Clerk And at the said June term of said circuit court, on Tuesday the 6th day of June 1871, the following entry appears of record to wit; [Trial] State of Tennessee} Vs.} Catharine Galloway Case Calvin Logston} Murder Came the Attorney General to prosecute in behalf of the state and the defendant is brought to the bar and being arraigned and charged on said Bill of Indictment and for plea says he is not Guilty as Charged in the indictment and for his…

Section 2 Pg 17 Plea of Not Guilty

Trial puts himself upon the country and the Attorney General doth the like and thereupon to try said issue, cause a jury of good and lawful men of Overton County to wit; T.J Copeland, T. M. Oakley, Sellars Bilbrey, Calvin N. Bowman, F. J. Copeland, Ambrose Williams, James Boyd, James H. Herrill Jr., J. S. Boswell, H. le Allred, Moses Beard, Hiram G. Hembree, all good and lawful men of the County of Overton, who being elected tried and sworn the truth to speak of and concerning the premises and true verdict to Tender upon the issue joined between the State of Tennessee and the defendant and having heard all the evidence in the cause and there not being time to finish the trial this evening said jury was placed in charge of J. P. Bilbrey, a constable of Overton county, who was sworn in due form ol law to Keep them together separate and apart from all others till the…

Section 2 Pg 18

meeting of the Court tomorrow morning at 7 O’clock and not permit any person to have any conversation with them. And on Wednesday June 7th 1871 the following entry appears of record to wit; [Trial – 2nd Day] The State} Vs.} Catharine Galloway Case Calvin Logston} Murder Came the Attorney General for the State and the defendant was brought to the bar of the Court in custody of the Sheriff and Cause the said Jury as before to wit; T.J. Copeland, T. M. Oakley, Sellars Bilbrey, Calvin N. Bonsan, F. J. Copeland, Ambrose Williams, James Boyd, James H Herrill Jr., J. S. Boswell, H. le Allred, Moses Beard and Hiram G. Hembree, and after hearing the argument of counsel on both sides, and the charge of the court and not having time to render their verdict this evening were placed in charge of J. P. Bilbrey a constable of Overton County who was sworn to keep them together and ….

Section 2 Pg 19

separate and apart from all other persons till the meeting of the court tomorrow morning at 7 ½ oclock and not permit any person to have any conversation with them. And on Thursday June 8th 1871 the following entry appears of record to wit; [Trial 3rd Day] The State} Vs.} Catharine Galloway Case Calvin Logston} Murder Came the Attorney General for the State and the defendant was brought to the bar of the Court in the custody of the Sheriff, and caused the jury heretofore sworn, to wit; F J. Copeland, T. M. Oakley, Sellars Bilbrey, Calvin A. Bowman, S. F. Copeland, Ambrose Williams, James Boyd, James N. Herrill Jr. J. S. Boswell, F le Allred, Moses Beard and Hiram G. Hembree, having returned unto Court and resumed the Consideration of this cause on their Oaths do say that the said defendant Calvin Logston…

Section 2 Pg 20 Guilty of Murder

is guilty of Murder, in the first degree of the said Catharine Galloway, in the manner and forms as charged in said Bill of Indictment Ordered that the defendant be remanded to jail And on Friday June 9th 1871 the following entry appears of record to wit; [Motion for New Trial] The State} Vs. } Murder Cath. Galloway Calvin Logston} Came the Attorney General for the State and the defendant is brought to the bar of the court by the sheriff, & by his counsel, moved the court for a new trial, which motion is by the court overruled, and in arrest of Judgment which motion was overruled. And also on Friday June 9th 1871 the following entry appears of record to wit; [Judgement & Appeal] The State of Tennessee} Vs} Murder Calvin Logston} Catharine Galloway Case Came the Attorney General for ….

Section 2 Pg 21 Defendant Remanded to the Fentress County Jail

the state, and the defendant is brought to the bar of the Court in custody of the Sheriff, and it is thereupon demanded of him, if he has anything further to say, why the court shall not proceed to Judgement and execution there of against him, on the verdict of the jury who nothing furter said than as before he hath said. It is therefore considered by the Court that the defendant be taken immediately by the Sheriff of this county to the jail of Fentress County and there securely kept and that he be taken from said jail by the Sheriff of Fentress County and on the 21st day of July 1871 to some place within one mile of the Court house in Jamestown in the County of Fentress between the hours of 11 o’clock in the Forenoon and 3 O’clock in the afternoon of the same day, be hanged by the neck till dead. And that the sheriff of Fentress County do the execution of this …

Section 2 Pg 22

sentence. It is further considered by the Court, that the state recover of the defendant the costs of this prosecution and that execution may issue. The defendant Tendered his bill of exceptions, which was signed, sealed and ordered to be made a part of the record and prayed on appeal to the next term of the Supreme Court of Nashville, which is granted Ordered since said appeal that Deft. Be conveyed by the Sheriff to the jail of Davidson County, Tennes. to be there kept. [Bill of Exceptions] The State of Tennessee} Vs.} Murder Calvin Logston} Be it remembered that on this 6th day of June 1871 this cause came on to be tried by the Court and a jury of Overton County when…

Section 2 Pg 23 A Cousin's Testimony

[Witness J. H. Story for State] Margin Text the following proceedings were had. The State introduced J. H. Story who proved he is a cousin of deceased, lived in one mile of the place where deceased was killed in Fentress County, Tennessee. On the 20th November 1869 was sent for and went to the house where Catharine Galloway was killed and found her dead. The south door of the house; the one next the road was closed and pinned on the inside. The cabin was a small one and fifty five steps distant from and on the north side of a public road leading from Jamestown Tenn. to Monticello Ky. Catharine Galloway was laying between the corner of the hearth and the north door. Her skull was cut open from the left eye to the ear, as if done or cleared with an ax. She had a blow on the head just above, on the side of the head apparently with the pole of the ax. Her right hand was broken…

Section 2 Pg 24

and mashed. There was much blood on the person, and on the floor, and it was cold and considerably coagulated. Witness found a pair of hand cotton cards, by the body on the right side with the handle of one broken and blood on them which still remaining, which cards were exhibited in Court, and proven by the witness to be the same found near the dead body. Found also a pile of cotton rolls there, The cards have cotton still in them among the teeth. Produced an ax, in court, and testified that he found it in the house near the body. It was very bloody, when found, and had appearances of brains and hair, on the pole of said ax. The cotton cards were also bloody. They laying near the body of the deceased, and some Cotton rolls near. In the south east corner of the cabin he stated that he found the body of Lucy Galloway…

Section 2 Pg 25 Body of William B.

the mother of Catharine. To my evidence in relation to the killing of Lucy Galloway, defendant by his Counsel objected at the Time because it was a distinct offense for which the defendant now stands indicted. The court overruled the objection and permitted the witness to Testify, with the view as the Court, then announced to explain how the deceased, Catharine, came to her death, whether by accident or violence. He further stated that the head of Lucy Galloway was cut open by an axe and her brains were upon the floor. She had severe blows and bruises on the side of the head…. The blows on her as well as on Catharine Galloway would have produced death. Lucy was an old Lady; she was the mother of Catharine. Witness says he found the body of William B. Galloway sometimes called “Little B” He was near,,,

Section 2 Pg 26

the south door his head, seemed, to have been struck with an ax, and the wound was sufficient to produce death. This was objected to and overruled. The court admitting on same ground as the Testimony in regard to Lucy Galloway. “Little B” was a son of Catharine Galloway and about four years old. Witness first saw “little Jim Galloway”, the witness herd, after the murder, at the house of Elisha Evans, a near neighbor where he had been removed to before witness got to the scene of the murder. He was almost lifeless from a wound on the side of the head. His face was very much swollen. This was on Friday morning. On the day after this consciousness returned to him, and he began to speak on Sunday morning. In the pockett of Catharine Galloway he found six dollars and fifty cents. On Sunday two of the neighbors…..

Section 2 Pg 27 Jim Galloway Coherent

started after Logston. Logston’s Mother is a daughter of old man Brown called “Crancy” Brown. I had not seen Logston about previous to the killing. Saw him 5 or 6 days after killing, when brought back under arrest. Cross-Examined Chimney on west end of the house. Witness stated that as soon as little Jim Galloway became sensible on Sunday morning succeeding the killing and recovered his power of speech, he told who killed his mother and Granny and Little (B). Witness stated that the house in which the Galloways lived and where Catharine Galloway was found as stated dead is in Fentress county Tennessee. That W. B. Galloways name was William Benjamin and that in the family he was commonly called Little B. The family consisted of those before mentioned as being killed and little James Galloway the witness here.

Section 2 Pg 28 Neighbor Joshua Evans' Statement

There was no man living there. [Joshua Evans for State] Joshua Evans was next introduced by the state. Says I live tolerably close, I am of no kin to deceased. About the 19th or 20th of November 1968 I saw the dead body of Catharine Galloway and the other dead bodies- They were cut up with the ax. To all testimony in regard to the death of other persons or the manner of killing if not killed by the same act, throughout the record defendant objected at the time but the objection was overruled, and the witnesses were allowed to State. The witness stated the positions of all three of the persons killed as stated by J. H. Story. Also, the wounds were the same. I found little James Galloway at Elisha Evans. At the time of the killing little Jim was apparently about six years old. His mother told me he was of that age. I was at Elisha Evans before the murder….

Section 2 Pg 29

and saw a carpet sack in the house. I did not know the owner of it. I never saw Logston about much I found the ax, the cards and the rolls as stated by the other witness, J. H. Story, and in the condition described by him. The blood was all over the floor, looked like it had been there a right smart bit, was cold and dried some. It was in Fentress County Tennessee. [Washington Evans for State] Washington Evans says I was acquainted with Catharine Galloway. I went to see her dead body with the bodies of Lucy Galloway and William B Galloway on or about the 9th November 1868.Defendant Calvin Logston stayed all night at my Father’s house, in the neighborhood on Wednesday before the killing. My Father’s house is 400 yards from the Cabin in which deceased was found dead. It is out of sight, round a little rise. Defendant left my Fathers house on Thursday morning and said he was going to his home on Green river in Kentucky. He went in the direction of the house of the deceased

Section 2 Pg 30

My brother and I were going to Mill. We went with him about half the way. At that point we kept on the main road, and he took a path that went near the house. It was a footpath, nearer leading over the mountain, and in the way to fall into the main road. It is nearer and frequently travelled by people in that neighborhood, on foot my brother and I went in fifty yards of the house and saw the defendant when he was near the house, about twenty five steps opposite the house and in the path. He had his Carpet sack along. I saw him next when arrested by Miles and Piles a few days after. The ax was old Lacy Galloways ax. Calvin Logston had two Pistols – Five Shooters. He said he was going home to green river. The door next the road was open when we passed going to Mill, when we went back late in the evening the door was shut. The night before my …

Section 2 Pg 31

brother and I went Coon hunting and Logston came to us on the mountain. I heard five or six shots, from a Gun or Pistol before he came. I asked him the cause, he said, he fired on the house and did so to scare Crancy Brown. Cross Examined. The path was as near as any to go across the mountain. Postmen generally go that way. My brother was younger than I, but tow inches taller and is now 17 years old. I am 19 years old. Everybody in Fentress county, or at least nearly so, carried pistols about that time. My brother and I my father Elisha Evans and Amanda Evans my sister, were arrested and acquitted of the offence of killing Catharine Galloway and others. Crancy Brown was the Father of Margarett Logston the deft. Mother. [Elisha Evans for State] Elisha Evans says, I was acquainted with Catharine Galloway. Her mother Lucy Galloway was my Sister. I lived…

Section 2 Pg 32

three hundred and fifty or four hundred yards from them when they were killed. After the killing on Friday morning early. I went to the house. Crancy Brown come told me about it and I went on and found Catharine dead with positions, wounds (?)c, as described by the other witnesses. Little James was lying between his mother and the fire place-on the hearth. He was much drawn up and cramped with cold, but still showed signs of life. His head was sunken in from a wound and he was insensible. This was about or after sun up. The blood was cold and beginning to dry. The door next to the road was pinned. The backdoor was opened. I took little James Galloway to my house. On Sunday morning afterwards he began to talk and tell who did it. Objection was made to his telling who he said did it, which was sustained by the Court. Defendant stayed all night at….

Section 2 Pg 33

my house on Wednesday night before. Before he came I heard one or two shots. Defendant told me he had fired them on the house to scare Crancy Brown. I went up on wolf river to pull corn that day and left deft at my house. Saw him next when a prisoner. He had a carpet sack at my house. Said he had started to Green River, but got belated and went to the boys where they were coon hunting +come and stayed all night Cross Examined. I was charged by that villain the defendant, with the murder of the deceased parties. I don’t like him because he hilled my Sister and others. I was friendly with the Galloways +had no difficulty with them. I never sent word to them to go away. I never had any difficulty about Crancy Brown courting at the Galloways. I do not know Crancy Brown was courting there but saw him there two or three times. The…

Section 2 Pg 34

Galloways lived on my place and were talking about going away to Van-Bunn County. They had not lived there very long. I fixed the house up for them to live in. The defendant was about my house several times previously. Defendants mother lived in Kentucky and defendant said he was going home. The public road leads by the house, within about fifty yards. Little Jim Galloway, has since the murder, staid some of the time at my house. He stayed until Sunday subsequent to the killing. Then went to Jim Story’s. the prosecutor +others. Principally he has staid at the house of Hamilton Story, the Father of the prosecutor. From the appearance of Little Jim +from what his mother has said, he was, at the time of the killing, about six years old. I was taken in the warrant with Amanda Evans, my daughter, and one or two of my boys. One of the boys that was taken is not a witness here. The Browns were indicted, too for the murder. They were acquitted. Great ex….

Section 2 Pg 35 Jim Galloway's Testimony

citement existed against the defendant about the murder. [James Galloway for State] James Galloway was introduced and the defendant, by his counsel objected to his testifying. The court asked him if he knew what would become of him if he swore a lie. He said he did-that the bad man would get him. He then was asked who told him to say that- he answered, my mother. The objection was overruled, and the witness was permitted to testify. James Galloway says my mother is dead and Cal. Logston killed her. This si the axe (the one exhibited in Court) that killed her. My mother was carding when she was killed. When Cal. Logston first came into our house he said if they did not give up their money, he would kill them. Granny said she would give up hers. Defendant killed his granny first with the axe. Defendant demanded of his mother, Catharine Galloway her money which was refused…..

Section 2 Pg 36

and then defendant killed her with axe. The defendant immediately killed little “B” with the Axe. Then I was knocked down, hit by a fire-shovel and the blow was struck by Jane Brown. The time that Cal. Logston came into our house was soon in the morning-Jane Brown came into the house and told them that Cal. Logston was coming to kill us all and for the money and to give the money up. Eliza Brown staid out at an oak tree a short distance from the house, with a pistol in her hand. She told little B if he did not go in the house, she would shoot him and he come in into the house. Myself and Little B went to the front door, and Col. Shut and pinned it. I recon Granny was spinning. Mother was Carding Cotton when Cal came into the house. Cross Examined. I was sworn in Jamestown and Hunstville when Logston was tried before. I have not sworn any more…

Section 2 Pg 37

here than I did there, and here what I did there. Witness was asked by deft counsel Did you swear then that Cal came into the house with a pistol in his hand and when he asked Granny for her money, she told him that she had none. He answered, I reckon I did-I reckon I swore that Cal took Granny’s money. I reckon I said it was Green back. When Cal killed Granny, my mother was Carding and never stopped. After Granny was killed Cal took her money from her. I reckon after my mother was killed Cal took her money. He was then asked. Did you swear on the former Trials, that no one came tell us Cal was coming? I reckon I did, and if, did you swear different-And that Granny gave her money up to Cal? I reckon I did. She told him she liked him. When I was knocked down I knew nothing more. Cal took the money after Granny was knocked down and killed. I swore on former…

Section 2 Pg 38

trial, that Amanda Evans had told me what to swear and I swore that I intended to swear just what she told me. I swore that she had talked to me many times in a house about what I would swear. I don’t know the number of days in a week-I don’t know the number of months in a year. Re-examined Amanda Evans told me to tell the truth-I have sworn the truth [Jim Pyles for the State] Jim Pyles says myself and Myles went in pursuit of the defendant after the killing of deceased. We started on Sunday the 22nd of Nov. 1868, and found defendant at his Father’s home in Kentucky. His Father lived some 75 or 80 miles I suppose, from the place of the murder. I first heard of him on the pursuit at a store in Clinton county Kentucky. He had passed there in the afternoon of Thursday, and this place was about eleven miles distant from the …

Section 2 Pg 39

house of the deceased. When he was arrested, his satchel was brought to him with his clothes in it. The suggestion was made to him to get his clothes and take with him. Afterward I found blood on one shirt in his satchel. Blood was on one of the sleeves, on the back and bosom. Had appearance of being spattered on bosom. This shirt was a new one-never had been boiled and was dirty. It had blue letter on the tale in front. I delivered the shirt to the authorities in Huntsvill. When we took him he was scared, pale and trembled. We did not inform his as to the charge of arrest when we found him. We did not inform him until we had started. The arrest was on Wednesday succeeding the murder. Cross Examined. We first heard of the defendant at a store, on the public road. He passed there in the day time. Heard of him at a meeting on the road on Sunday-There were six of us when…

Section 2 Pg 40 Franklin Raines' Testimony

defendant was arrested. Two of us went up on one side of the house to arrest him, and four on the other. We all went with our Pistols in our hands and in a charge. He told us after the arrest he would have shot had he had his pistols. As we brought him back he pointed out a place on the road, where he said a man had passed him and told him about the Galloway Family being killed. [Franklin Raines] Franklin Raines says he saw the defendant on Green River in Ky. On the Sunday morning succeeding the murder. The defendant was asked the news and said, the Galloway family had been murdered- I was witness at Jamestown. Did not state on that trial that deft told him a man had passed him on the road reported the Galloway family killed. [George Conatsen or the State] Geprge Cpnatsen states that he was jailor at Jamestown when defendant was a prisoner-that the…

Section 2 Pg 41

satchel and clothing of deft was in his possession. He had a new shirt and there was blood on it. Blood wason the right side of the Breast, on the wristband, other places. It looked like it might have been washed and seemed as if fingers had made the places on the breast. I listened many time to hear defendant talk, while in jail, to other prisoners about the murder, and to confess it, but never heard him do so. Cross Examined. The shirt was a near factory shirt-had never been boiled-had blue letters on the tail, on the left hand fore part or corner. [M. R. Millsaps for the State] M. R. Millsaps states he was Sheriff of Fentress County when the defendant was confined in Jail at Jamestown- That the defendant had confessed to him that the Evans family had done the murder, and that he had stood at an oak tree a short distance from the house…

Section 2 Pg 42

and stood guard. He the deft said he had not seen any of the killings but he knew he was as guilty as the Evans. Said he could hear the blows. This was told me several times and and the defendant swore it upon the trial of the Evans. The defenandt says he was hired to assist the Evans and that he was to have a yoke of steers & that the killing occurred just before day on Thursday morning. I arrested the Evans and they were tried and acquitted. Cross Examined. The time that this confession was made was about two months after the arrest of the defendant. There was great excitement against him. A man confined in the same jail a short time before had been taken out and shot and killed by a mob. Some persons talked like mobbing him about the time the confession was made. Amanda Evans was one of the parties arrested on the confession of the defendant. He made the Confessions freely and voluntarily. I never…

Section 2 Pg 43 Jane Brown's Testimony

heard anyone speak of mobbing deft. Except some men out at a shop one day. There was never any effort made to mob him. Made the same statement to him several times. Defendant introduced the following testimony. [Jane Brown defts witness] Jane Brown states that the defendant is her Nephew. That she has been indicted and acquitted for the murder of the Galloway family- I knew nothing about the murder. I was not there at the killings. The last time I saw the defendant previous to the murder, was at our house on Tuesday. Cross Examined I was in the jail at Jamestown when the defendant was confined in the dungeon just below me. My sister Eliza was in the jail with me. I have been tried and acquitted for the murder of the Galloway family. While my sister and myself were in jail, on one oc…

Section 2 Pg 44

casion the defendant called my sister to a crack in the floor between us and had a conversation in reference to the murder. The defendant told my sister how the Galloways done, when they was struck. How they acted and what kind a noise they made. There was no one about but myself & Eliza when he made these statements. This witness was recalled next morning before being asked as to statements below, she said she had talked defts mother some about the case since Court adjourned the evening before when she made the foregoing statements. He said he was afraid he would be taken out and hung by a mob when these statements were made the same day I suppose the Guard placed around the jail for its security. There was great excitement against the defendant. I reckon he talked that way for the Guard to hear him. I am defendants Aunt, being a sister of his mother Eliza to whom said statements were made, was my sister…

Section 2 Pg 45 Margaret Logston's Testimony

+ aunt of deft. [Margarett Logston for deft.] Margaret Logston states that she is the mother of the defendant. That she lives in Kentucky-on Monday next after the murder the defendant came to her house. He brought a satchel of clothes with him. In the satchel of clothes, he had one dirty shirt & was the only shirt he had except the one he wore. It was a new shirt never had been washed and had some blue letters on the tail in front. On day after defendant came home in presence of a neighbor woman in taking out the clothes from the satchel, I examined the shirt together with the woman. I noticed the shirt all over and particularly I noticed how it was made and thought it was made in a very ordinary manner. After taking the shirt out of the satchel I laid it aside. One night I had a child that had a running sore on the back of its neck, and I put it to bed. I put the shirt under it to keep it from soiling the bed from the sore.

Section 2 Pg 46 Decision About Evidence

After they arrested Calvin, he called for his shirts and I got the shirt and gave it to him he too it with him in his satchel. My child had this running sore for a month before. There was no blood on the shirt when I together with my neighbor was looking at it. [Charge] This was all the evidence in the Cause. The court charged the jury as follows; “State of Tennessee vs. Calvin Logston. In Circuit Court Overton Co. Tennessee. June term 1871 The court charged the jury as follows. The deft is indicted for the murder of Catharine Galloway in County of Fentress and has pleaded not guilty, and the Cause is here for Trial by a change of venue (The Court here read to the Jury the Code of Tennessee from section 4597 to section 4605-inclusive). “The evidence must show the offence if committed, was done in Fentress County before the finding of this In….

Section 2 Pg 47

dictment. Every man is presumed to be innocent until his Guilt is Clearly made to appear. But when a homicide is clearly proven, and the slayer clearly ascertained-The presumption is that the killing was Criminal. If the evidence satisfies you that Catharine Galloway came to her death by the means charged in this Indictment or either of the means charged, then the great question for your determination is was this defendant the Guilty agent. The charge is for murder in the first degree, but this includes also a charge for murder in the second degree & for manslaughter. And if you convict you should ascertain the degree of Guilt and assess the punishment. If you find him guilty of murder in the first degree the punishment is death, but you may, if you think there are mitigating circumstances say so in your verdict, and then his punishment can be commuted…

Section 2 Pg 48 Defining Terms of Possible Charges

to imprisonment in the Penitentiary for life. If however you find him guilty of murder in the second degree or of Manslaughter, then you would ascertain by your verdict the terms of his imprisonment in the Penitentiary within the Periods prescribed in the code for these degrees of Guilt. Murder in the first degree and second degree & manslaughter are defined by our code as I have read; but it is proper that I explain further the meaning of some of the terms used in defining these degrees. You have seen to Constitute murder in the first degree that the act must have been done wilfully, that is of purpose, with intent that the act by which the life of the party is taken should have that effect deliberately, that is of cool purpose, Maliciously, that is with malice aforethought and with premeditation. That is a design to kill must be formed to Kill before the act by which the death is produced, is be formed to kill before the act by which the death is produced is performed. A killing not…

Section 2 Pg 49

super? induced by passion or provocation, deliberate and premediated is murder in the first degree, though deliberated and premeditated but a moment. A killing under the influence of passion or upon provocation before the passion had time to subside would be murder in the second degree or manslaughter if the provocation were a sufficient legal one – Malice is either express or implied. Express malice is where one person kills another with a sedate and deliberate mind & formed design; such formed design being evidenced by external circumstances. Discovering the avowed intention, as lying in wait, antecedent menaces, former grudges and concerted schemes to do the party some bodily harm. And malice is implied by law from any deliberate cruel act committed by one person against another. Malice will also be implied from the use of a deadly weapon. If the act killing be wanting in any one of the ….

Section 2 Pg 50

ingredients necessary to constitute murder in the first degree you should acquit of that degree and consider whether it is murder in the second degree, and if it is wanting in the ingredients necessary to make it murder in the second degree you should acquit of that degree and ascertain whether it is manslaughter, or excusable or Justifiable homicide. And if not manslaughter you should acquit entirely. If the killing was wilful and malicious, though not deliberate & premeditated, it would be murder in the second degree. If done on a sudden heat of passion, without malice, it would be manslaughter. Excusable homicide is first where a man doing a lawful act, without any intention to hurt, by accident kills another. Secondly homicide in self defence, where on kills another to protect himself from death or great bodily harm about to be inflicted on him. It is a rule of law that all present at the time of the…

Section 2 Pg 51

committing an offense, are principals, although only one acts if they are confederates and engaged in a common design of which the offense is part”. It is further laid down “ if a fact amounting to murder should be committed in prosecution of some unlawful purpose, all persons who had gone in order to give assistance if need were for carrying out such unlawful purpose into execution would be guilty of murder. But this will apply only to a case where the murder was committed in prosecution of some unlawful purposes some common design in which the combining parties were inviled and for the effecting where of they were assembled for unless this shall appear, through the person giving the mortal blow or shot may be guilty of Murder or manslaughter, if the others who come together for a different purpose will not be involved in his guilt. So, if you should be satisfied…

Section 2 Pg 52 Reasonable Doubt Explained

that the prisoner did the killing himself or entered into a combination with another or others to kill the deceased & they went to where she resided for that purpose in pursuance to the combination and agreement and he stood near the place of the killing, whilst it was being done to watch and give alarm of the approach of any person & thus aided in it, you should convict him, whether he struck a blow or not. If you have a reasonable doubt of the Guilt of the prisoner, you should acquit him. In other words, you should be fully and clearly satisfied of his guilt, your minds ought to rest easy and satisfied upon the conclusion of his guilt or acquit him. The proof should exclude every other reasonable hypothesis , than that of his guilt or you should acquit. The evidence in relation to others besides Catharine Galloway being found dead in the house at the same time she was found is permitted to go to you as evidence alone…

Section 2 Pg 53

as a circumstance to aid in determining whether Catharine Galloway cause to her death by accident as by a fall or by a fall, or by violence inflicted on her- The Indictment is for the alleged killing of Catharine Galloway by the means set forth in the indictment & of course you can look alone to killing in determining the guilt or innocence of the prisoner – The fact that others may have been killed at or about the same time Catharine may have been is no element for your consideration in determining the guilt or innocence of the prisoner, or in assessing his punishment if you should find him guilty.- you are the Judges of the law as well as the evidence, and the Court is only a witness to you as to what the law is. You also Judge of the weight to be given to each of the witnesses looking to their character, intelligence and Means of information; Their feelings in the Case, if any , and their manner of deposing before you. The reasonableness or unreasonableness of the story told.

Section 2 Pg 54

You will look also to the age If a witness be of tender years. After a witness has attained his fourteenth year of age he is presumed to have common discretion and understanding till the contrary appears but under that age it is not so presumed and therefore enquiry is made as to the degree of understanding which the child, offered as a witness, may possess; and if it happens to have sufficient natural intelligence and to have been so instructed as to comprehend the nature and effect of an oath, he is admitted to testify whatever his age may be. This is the rule and upon examination I have permitted the boy James Galloway to testify before you but still the right to be given his testimony is for you to Judge, looking to his age, and degree of intelligence he may have shown, his manner of testifying and the consistency or want of consistency in his testimony, his liability to be influenced and every other fact that may enable…..

Section 2 Pg 55

you to form a correct opinion as to the right to be attached to his evidence. Confessions of a prisoner if freely & voluntarily made is consistent evidence and deserving of much consideration & weight but if made under duress or under fear or under a hope that thereby he will secure his case in any way the confessions should go for nothing and have no influence against the defendant upon your verdict. Further with respect to verbal admissions or confessions in criminal cases it may be observed that they ought to be received with great caution. The evidence consisting as it does in the mere repetition of oral statements is subject to much imperfection and mistake. The party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens also….

Section 2 Pg 56

that the witness by unintentionally altering a few of the expressions, really used, gives an effect to the statement completely at variance with what the party actually did say. But where the admissions or confession is deliberately made and precisely identified the evidence it affords, is often of the most satisfactory nature. You should not confine yourselves to a part of the evidence in the case but should take a careful survey of all of it, both positive and circumstantial; and make up your verdict upon a mature and deliberate and consideration of the whole. J. M. Fite Judge In the consideration of circumstantial evidence, and if the guilt of the prisoner depends on it, then the Jury will look to the motive which might probably have actuated the prisoner to commit so heinous a crime: for however strongly other…

Section 2 Pg 57

Circumstances may weigh against the prisoner; it is but reasonable to expect that same motive and that a strong one should be assigned for the commission of an offence which is so abhorrent to our nature and the consequences for which are usually so fatal to the prisoner. [2] Presumptions and strong ones are continually founded upon knowledge of human character and of the motives, passions, and feelings by which the mind is influenced. Experience and observation show that the conduct of mankind is governed by general laws which operate under similar circumstances with almost as much regularity and uniformity as the mechanical laws of nature themselves do. Of all kinds of evidence that of extrajudicial and casual observations is the weakest and most unsatisfactory . 1st Starkie? to p. page 425

Section 2 Pg 58

[3] In this county there is a growing w? willingness to rest convictions on confessions alone. A naked confession, which does not set for the facts which corroborate the confessions cannot be relied on to support a conviction. In Capital Cases, these cautions should be applied with peculiar jealously. Wharton Sec. 683. The rule is different in England. A person there may be corrected. After the Court had read his charge to the Jury the defendants Counsel asked the court to charge the foregoing propositions, and the Court told the Jury they were all good laws. But added as to the first proposition while it was good law as it stood it was proper to remark that where there was positive proof of guilt as well as circumstantial, and the Jury were clearly satisfied beyond doubt of the guilt of the accused they might convict, though the proof did not fully satisfy them as to what particular motive may have actuated the prisoner in doing the deed. J.M. Fite

Section 2 Pg 59 Amendment & Filing of Transcript

[Filed 21st July 1871] Amended. Transcript Filed after the Trial And after the trial of said cause to wit; on the 21st July 1871. The following Amended Transcript of the record from the Circuit Court at Jamestown, Fentress County was received and filed in this my office and at the request and direction of the Attorney General Is Copied herein to wit; Monday March 27th 1871 State of Tennessee} Fentress County} Be it remembered that at a circuit court of the Judicial Circuit began and held in and for said county of Fentress at the courthouse in town of Jamestown on the fourth Monday of March in the year of our Lord Eighteen hundred and seventy one present & presiding The Honorable E. J. Hall Judge of said circuit. The court was opened in due form of law by B. H. Brannen….

Section 2 Pg 60 Jury listed

Sherriff of said county and by him was returned into Court a writ of venire facias delivered to him by the clerk of the county court of Fentress county showing that at the December term then of 1870, said court had appointed the following persons being good and lawful men citizens of said county of Fentress to serve as persons at this Court, to wit; 1. David Wood, 1. Ellis Beaty, 3. John C. Greer, 4. E. D. Wright, 5. Pleasant L. Phillips, 6. Jeremiah Bright, 7. Joseph C. Tayler, 8. Edward Stephens, 9. W. C. Louden, 10. Robert Young, 11. F. M. Stephens, 12. Nicholas Gooding, 13. Alexander Williams, 14. A. Dishman, 15. Thomas Upchurch, 16. S. H Pile, 17. James Readmond, 18. Samuel Ramsey, 19, L. F, Alexander, 20. A. B. Hull. 21. Landon Bush, 22. W. S. Hill, 23. E. D. Wright, 24. Joseph Howard, 25. William Anderson, who being summoned by the Sheriffs appeared and out of these Jurors so Summoned the Court proceeded…

Section 2 Pg 61 Grand Jury Elected

to elect and empanel a Grand Jury according to the statutes in such case, made and provided, when were drawn and elected 1. A. B. Hull, 2. Jeremiah Bright, 3. Pleasant L. Phillips, 4. Nicholas Gooding, 5. B. H. Wright, 6. John C. Greer, 3. Thomas Upchurch, 8. William Anderson, 9, Edward Stephens, 10. Robert Young, 11. David Wood, 12, W. S. Hill, 13. S. H. Pile, all good and lawful men citizens of Fentress county of whom the court appointed E. D. Wright foreman and the said Grand Jury being summoned, elected, empannelled, Sworn and charged to enquire for the body of the county of Fentress in the state aforesaid retired to consider of their presentments and indictments. R. M. Anderson Constable of said County was sworn by the office to wait on the Grand Jury. State} No 1 vs} Murder Calving Logston} Came the Grand Jury into open court, in a body headed by their…

Section 2 Pg 62 Grand Jury Decision

foreman and returned a bill of indictment into court against Calvin Logston for Murder signed by their Foreman a “true bill which bill of Indictment with the endorsement thereon is in the words & figures following, to wit: State of Tennessee} Fentress County} March Term of the Circuit Court Eighteen hundred and seventy one. The Grand jurors for the state of Tennessee being duly summoned, elected, sworn & charged to enquire for the body of the county of Fentress in the state of aforesaid upon their oath aforesaid present that Calvin Logston late of said county, Laborer, not having the fear of God before his eyes but being moved & ordered by the Instigations of the devil on the 19th day of November A. D. 1868, with force and arms in the county of Fentress aforesaid in & upon one Catharine Galloway, in the peace of God and the state, then and there bring, wilfully, deliberately, premeditatedly, maliciously, feloniously and of his…..

Section 2 Pg 63

malice aforethought did make an assault and that the said Calvin Logston with certain Pistols and guns and axes of the value of five hundred Dollars, the said Pistol, and guns then and there loaded and charged with gunpowder and divers many leaden Balls, and Shots; which pistols, axes and guns him the said Calvin Logston in his hand, then and there had and held to against and upon the said Catharine Galloway, then &there wilfully, deliverately, premeditatedly, maliciously, feloniously and of his malice aforethought did shoot and discharge and with the said axes did strike, cut and mash and that the said Calvin Logston with the leaden balls and shots aforesaid, and of the pistols and guns aforesaid, then & there by force of the gunpowder shot discharged and sent forth as aforesaid and by means of the shooting, cutting and mashing aforesaid with the axes aforesaid, the said Catharine Galloway, in and upon the head, breast and body of her the said Catharine Galloway then and there wilfully, premeditatedly, de…

Section 2 Pg 64

liberately, maliciously, feloniously and of his malice aforethought did strike penetrate mash cut and wound, giving the said Catharine Galloway then and there with the leaden balls and shots aforesaid, so as aforesaid shot discharged and sent forth out of the pistol, and guns aforesaid and with the axes aforesaid by means of the striking cutting and mashing aforesaid by the said Calvin Logston in and upon the said Calvin Logston in and upon the said head breast and body of her the said Catharine Galloway divers mortal wounds of the depth of eight inches and of the breadth of three inches of which said mortal wounds, the said Catharine Galloway, on the said 19th day of November, A. D. 1868 in the county of Fentress aforesaid, instantly died. And so the jurors aforesaid upon their oath aforesaid do say that the said Calvin Logston, the said Catharine Galloway in manner and form aforesaid wilfully, deliberately, premeditatedly, maliciously, feloniously and of his malice aforethought did then and there kill and murder in the first degree Contrary to the form….

Section 2 Pg 65 Defendant Requests Change of Venue

of the statutes in such cases, made and provided and against the peace and dignity of the state. J. M. Thornburgh Duty Counsel Endorsed. Indictment No 1. State vs. Calvin Logston, Murder, Prosecution J. H. Story, Witness J.W. Frogg, sworn in open court and sent before the Grand Jury March 28th 1871 D.F. Smith Clerk A true bill E. D. Wright Foreman of Grand Jury The State} No.1 vs.} Murder Calvin Logston} Came the attorney General who prosecutes on behalf of the state and the defendant being brought to the bar is present in as well as by counsel and this cause being regularly reached and called upon the docket for trial. Thereupon the defendant by himself and his counsel presented affidavits for a change of venue in said cause sworn to by the defendant and two compurgaters, stating that there….

Section 2 Pg 66

existed a prejudice against said defendant in this cause to such an extent that he cannot obtain a fair and impartial trial in this cause in this county where the offence is alleged to have been committed, and he therefor asked for a change of venue from this county to the County of Overton, Tennessee, that being the nearest County free fro the exception. And it appearing to the satisfaction of the Court that there does exist in the county of Fentress aforesaid against the said defendant Calvin Logston, in this cause to such extent that he cannot have a fair and impartial in this cause in said Fentress County. And it further appearing to the Court that it will now be impossible to obtain a jury of legally competent men citizens of said County to ry this cause owing to the excitement aforesaid. It is therefore ordered by the Court that upon said application of the defendant, the venue in this cause be changed and Thereupon it is demanded by the Court of the defendant….

Section 2 Pg 67

and his counsel to what County free from like exceptions this cause shall be sent for trial, and the defendant elected the County of Overton which is the nearest County to said County of Fentress and free from like exceptions. This therefore ordered by the Court, the Attorney General and the said defendant both consenting thereto in open court. That venue in this cause be changed to the county of Overton State of Tennessee and this Cause be transmitted to Livingston, the County site of Overton for Trial and that the Clerk of this court make out and certify a true, correct, and perfect transcript of the records of this Court, ,which together with all the original papers of this cause he will enclose in a safe and secure wrapper and seal the same and cause the same to be delivered by some safe messenger to the Clerk of the Circuit Court for Overton County, Tennessee at Livingston on or before the next term of the Circuit Court and thereupon…

Section 2 Pg 68 Attorney General Prosecution in Overton County

The defendant is remanded to jail. The State} v.} Murder Calvin Logston} Came the Attorney General who prosecutes on behalf of the state and the venue in this cause having been changed from this County to the County of Overton, thereupon on motion of the Attorney General the witnesses in this cause were required to enter into their recognizance for their appearance at the next time of the circuit Court for the county of Overton. Thereupon Came J. H. Story, Washington Evans, James H. Pile, George S. Kington, M R Millsaps, John W. Frogg, Mary Evans, George Conatsen who severally acknowledge themselves to owe and be indebted to the state of Tennessee in the penal sum of two hundred and fifty dollars to be levied of their respective goods and chattels lands and tenements for the use of the State to be void…

Section 2 Pg 69

on condition that the above bound witnesses shall well and truly make their personal appearance before the Judge of the Circuit Court at a Court to be held for the County of Overton, State of Tennessee, at the Courthouse in the town of Livingston on the first Tuesday after the first Monday in June next, to testify and give evidence on behalf of the State in this cause and do not depart the Court without leave. The State} Vs.} Murder Calvin Logston} Came the Attorney General who prosecutes on behalf of the state, and the defendant in his own proper person and it appearing to the satisfaction of the Court, that the jail house of Fentress County is not secure for the detention of prisoners. It is therefore ordered by the Court, that, the Sheriff of this County take and deliver the defendant to the Sheriff and jailor…

Section 2 Pg 70 Defendant Remanded to Gainsboro, Tennessee Jail

of Jackson County at Gainsboro Tennessee to be confined in said jail for safe keeping to await a cause proceeding against him by change of venue to Overton County, to be delivered to the Sheriff of Overton county upon the order of the Circuit court of Overton County, that being the nearest secure jail to the County of Fentress; and that the Sheriff being two of a guard to accompany him and the Clerk of this Court will furnish the Sheriff with a copy of this order to be delivered to the Sheriff or jailor of Jackson county with the prisoner. Clerk Smith for this Transcript #150 J. D. F. Smith Clerk of the circuit court for Fentress county do hereby certify that the foregoing is a true perfect and complete Transcript of the record in the case of the Sate of Tennessee vs. Calvin Logston for Murder as remains of record in my office. In testimony whereof…

Section 2 Pg71

I have hereto set my hand and caused my official seal to be affixed thereto on this 18th day of July 1871 [Seal of Fentress County Circuit Court] D. F. Smith Clerk of circuit court of Fentress County Tenn. Received and filed 21st July 1871 J. W. Wright D.C.? Bill of Costs State Tax 3,50 3.50 Atty General G H. Moyan fee 20.00 Costs in circuit at Fentress county as certified. Clerk D. F. Smith copy of Indictment 66 Copies 75;Afft 25; order for change of Venue 25;recognizance of witnesses 25; order sending defendant to jail 25; copying same for sheriff 25; transcript of 1st record 85; seal of court 50; Clerks certificate 25; making 2nd Transcript 150; 5.79 J. S. Roberts Order? per J. W. Wright D. C. Filing 2 transcripts from Fentress County 50; docketing in 2 dockets 20; pins 50; 2 orders for Jury to retire 4 return 50;….

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bring xssa? for state 11; 12 witness probates 60; 2 orders remanding defendant to jail 50; Judgement 75; entering 2 Innkeepers accounts 50; Entering jailors account 25; motion for new trial 25; order overruling same 25; order to carry defendant to Davidson County Jail 25; motion in arrest of Jdgmt 25; Judgemenet for Costs 25; Bill of Costs 50; Transcript of record 12; 24 cards 12. 24 Postage 56= 19.45 Inn Keeper D. B. Reed keeping jury 1 day at $12 per day 12.00 Inn Keeper M. M. Jaquish keeping 2/3 of day at $12 per day 8,00 Jailer J. A. Estis keeping defendant in jail 14 days at 60=8.40; 18 lawful turn keys, 50 each=9.00 17.40 [Witness] J. H. Story 3 days traveled? 4.50450 miles at 5cts 2.50 2.50 7.00 Joshua Evans 4.50 2.50 7.00 Elisha Evans 4.50 2.50 7.00 Washington Evans 4.50 2.50 7.00 Green Brown 4.50 2.50 7.00 Frank Reinz 4.50 2.50 7.00 John Cronch 4.50 2,50 7.00… James Galloway 4.50 , 110 5.50 10.00 M. R.Millsaps 4.50 , 48 2.40 6.90 James F. Pile 4.50 2.50 7.00 Jane Brown 4.50, 70 3.50 8.00 George Conatsen 4.50, 57 2.85 7.35 Sheriff J.J. Tompkins executing writ? opa? for state .25 Total $175.64 State of Tennessee} Overton County} J. John S. Roberts Clerk of the Circuit Court for Overton county do hereby certify that the foregoing is a full, true and perfect transcript of the record in the case of the State of Tennessee against Calvin Logston for Murder determined in this Court at the June term 1871 as the same now appear (The foregoing Transcript includes in the latterpart a Transcript from the Circuit Court of Fentress County, Tennessee which was filed since the trial of this cause, and is copied into this record by request of the Attorney General) In witness whereof I have hereunto set my hand and affixed my….

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private seal (There being no official seal) {J.S.R. Clk Overton Cir Ct Seal} Done at office the 5th day of September 1871 J.S. Roberts Clk By J. W. Wright D. C. Circuit Court Overton County Index Page 1st Transcript from Fentress 1 Recognizance of witness 5 Order to take deft to Grinesboro Jail 6 Bill of Costs in Fentress Co. 7 Clerk Certificate to transcript from Fentress 8 Indictment 8 Copies 12 Afft to Change venue 13 Trial 16 “ 2nd Day 18 “ 3rd Day 19 Motion for New Trial 20 Judgement + Appeal 21 Bill of Exceptions 22 Witness J. H. Story for State 23

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Witness Joshua Evans for State 28 “ Washington Evans “ 29 “ Elisha Evans “ 31 “ James Galloway (child ) “” 35 “Jim Piles” 38 “Franklin Raines “ 40 “ George Conatsen “ 40 “ M. R. Millsaps ‘ 41 “Jane Brown for Deft 43 “ Margarett Logston “ 45 Charge of the Court 46 2nd Transcript filed after Trial 59 Bill of Costs 71 Certificate 73 Digital Image 76 (This number is not marked on the document but is Digital Image 76/101 sent to me to be transcribed L.N.) (Markings on the back of document) 4 Transcript from Overton County Circuit Court EyZ932 Logston} Vs} Murder State} Er. ?(illegible) Filed Dec 2? 1871 By (name not readable) State 5 Tennessee Ent. P. 239 786ZX3

Digital Image 77 Tennessee Indictment

The State of Tennessee} Vs.} Indictment for Murder Calvin Logston} On the 19th day of November 1868, Catharine Galloway was killed. It was done in Fentress county Tennessee. At the March term of the circuit court, of Fentress County Tennessee, Calvin Logson was indicted for her murder. Then venue was changed to Overton County. At the June term of the circuit court of Overton County 1871, the cause, was submitted to a jury of Overton County. The returned a verdict of guilty, and thereupon judgement of death was pronounced. Defendant move for a new trial, and an arrest of judgement which motions were overruled and the defendant has brought the case here by appeal. As to change of Venue Section 5199 of the code is as follows, “Upon making out the order for a change of venue the clerk shall make out a full… Digital Image 78 and complete transcript of the record and proceedings, in said cause, and transmit the same, together with the indictment, and all other paper and file to the clerk of the court to which the venue is changed, which transcript shall be entered in the minutes of said court” It does not appear that this was ever done. Indeed, it appears that the “transcript” was not entered in the record. After the cause was tried a transcript was brought and filed with the papers. And the clerk suggests that the Attorney General directed him to cop it in the record, which he did. Now, a certified transcript of the record is the evidence in cases of changes of venue that the county circuit court to which it has been changed has jurisdiction to try this cause. It is not necessary that the certified transcript should be spread and the minutes of the court, but it does seem necessary that it should….

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at the trial. If not, what evidence has the court of its right and power to try the cause? In the case of Major V. State 20 Sneed 11thpage, the court decide upon the authority of Adams V. State 1st S para 466, that the statute requires the transcript to be entered of record is merely directory. But it never has been held and we shrewdly suspect it never will be held that the court can try a prisoner in such cases without the presence of the record. In Mr. Meigs digest of the case of Calhoun V. State, 4th Parra?, page 477 it is clearly implied that the record must be present. He says “By this section the verification? need not be made out or read in the minutes of the court to which the venue is changed, at the first term after the change of venue. Therefore, if our imperfect copy of the record he sent to said court, at the first term…. Digital Image 80 first Term, the course is to continue the same, and order the clerks of the court, from which the cause comes, a full and perfect transcript of the record. And this lapse of a term, will not entitle the prisoner to a discharge. 20 Meigs Digest p. 1022 Calhoun v. State 4th Para? 477 this certainly sets forth the common sense of the law of the change of venue. The record from the circuit court at Jamestown was not there at the trial, and no wei?trun? can be maintained upon it. As the record appeared at the trial, it did not show that the indictment was opened upon the minutes of the court; and that it was returned into open by the grand jury; as that was venire facias, had been returned into court; and that the grand jury had been elected and empannelled [sic], sworn and charged, and that some one had been appointed foreman of the grand jury!!

Digital Image 81 Court Finds Record Not Complete

see Thruston V. State 3rd Cold, 115. These matters cannot be dispersed with. Surely the Code did not disperse with all rule and form and substance too, where one’s life depends on the court? If so we hold our lives by a frail tenure. It is submitted that the record cannot be this supplemented in a case involving life. The court has no jurisdiction till the record and a full one is present. It clearly appears that a complete record was not present where the prisoner was tried although the clerk so certifies, for he subsequently certifies to a new and additional record. Then if the court could intend or presume any any thing against life, it could not, now, be supposed that the first was the record, because the last certificate shows it was not. And this is the only purpose for which we w ? we look to it. Admissibility of Evidence The Court permitted, J

Digital Image 82 Discrepancies

Again: In the endorsement in the two copies found in the record there is a discrepancy. One the first is copied, this endorsement “Indictment No 1. Murder,, the State V Calvin Logston, Prosecution, James H. Story, Witness J. W. Frog, sworn in open court and sent before the Grand Jury March 28th 1871 D. J. Smith clk A True bill E. D. Wright foreman of the Grand Jury. Witness for the State J. H Storey, Washington Evans, Edgar Miles, J.F. Pile, Franklin Raines, John Cobb, Jane Brown, Joshua Evans, James Galloway, G M. Conatsen, Alexander Paul, Nancy Anderson, Mary Evans, N. C. Whittenburg, Catherine Story, Nancy Pile, Amanda Evans, John W. Frog, G. S. Kington, M R. Millsaps, clerk summons the above. F. W. Thornburg Atty General the record is endorsed as follows Indictment No 1. State V. Calvin Logston, Murder, Prosecutor J. H. Frog, Witness J W. Frogg sworn …..

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in open court and sent before the Grand Jury March 28th 1871. D. J. Smith Clk. A True bill E. D. Wright foreman of the grand jury It will be seen that in the endorsements the collection of the words are not the same, for example the word murder. Then again in the first we have James H. Story prosecutor. In the second it is J. H. Story. The latter may be Jackson, Jeffrey or Jenkins Story and may be Jubleune, Jubela, or Jubalo Story, we cannot tell. He certifies under his official oath that both are full true and perfect copies. If so, they cannot be the same. If not the same, upon which was he tried? Why have tried for killing the same person? Why did the clerk not send the first last and the last first. As he has sent the first, we prefer to have him tried on the last, and if they have sent the last first, to be candid we …. Digital Image 84 prefer the first. They cannot be the same for every word and figure is there, and the endorsements made thereupon send essentially descriptive and ___? to its identity. Mr. Greenleafs, Sec 58 says “Thus in contracts libels in writing and written instruments in general, every pact operates by way of description of the whole” An endorsement can one identify the paper as different or? ___? endorsement, might identify it as another. The code [Code S 51 38] provides that the indictment, with the endorsement, a true bill shall be entered by the clerk with the return in full and the minutes of the court, and the original compared to. This was to pin the identity in case of loss. For the next section provides that if the indictment is lost, defendant may be tried upon the copy, and the minutes. Then was he tried in the right indictment. Or was it a….

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new blunder of the clerk? If the clerk thus blunders, can we take a man’s life, perhaps upon our innocent blunder of this clerks? Illegal Evidence The court allowed the witness J. H. Story to detail circumstances which tend to show that Lucy Galloway and William B. Galloway were murdered. This was admitted as the court said to explain how Catharine Galloway came to her death, whether by accident or violence.Record p. 25 again the Judge says in his charge at Page 53, that the testimonies admitted to determine how Catharine Galloway came to her death, by accident or by a fall, or by violence. With deference it is submitted that this could not have been necessary. The witness J. H. Story, had stated as to Catharine Galloway. Her skull was cut open from the left eye to the ear as if done as cleaved with an ax. She had a blow on the head just above the side of the head apparently with the pole of….

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the ax, her right hand was broken and mashed. There was much blood on the person. Cotton cards lay near her with one handle broken. Now after all this was known who could have supposed that all these contusions, this laceration and breaking of bones could have occurred by a fall in the little cabin. If she had fallen consistently for a week from the top of the cabin, amongst a multitude of axes, sitting in every conceivable shape, it could not have happened. A man who could support that it was done by a fall, could be pardoned for considering his existence problematical. The details then of the horrible wounds inflicted on Lucy Galloway and William B. Galloway could only exasperate the jury against the prisoner. And may it not be true that these hideous details, prevented the jury from possessing that coolness of deliberation so necessary to a faithful administration of Justice. Aroused to indignation…

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against atrocious crimes did it induce them to give under weight to facts known! And may it not have induced them to have inflicted a greater measure of punishment! The policy of our law as well as justice remains that a criminal shall be punished only once for the same offence, and if indicted for one offence under such indictment he shall not be punished for another and a different offence. If so, each might react on the other and magnify the punishment in both. At the last term of this court in this same case it was held, that the killing of several persons would be and constitute several offences unless it was shown that the same act induced the death of all. But if with one blow , Lucy Galloway was killed, with another William B. Galloway was killed and with a third Catharine Galloway was killed, the offences were distinct….

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evidence of a distinct substantive offence, shall not be admitted in support of another offence, a portion shall evidence of an intention to commit another offence to re___? Kinchlow V. Sate 5th H_? p. 1st P__? V. State 20 H_? 86 State V. Stone 4th H_? p. The only ground it seems to use upon which it could be admitted is that it might have been part of the res gestea. Certainly not to show that the killing was not accidental when it was already so clearly demonstrated that a supposition to the contrary involved a moral absurdity. But it may have been part of the surrounding facts of the transactions. But are we sure of this?

Digital Image 89 Jim Galloway's Testimony Rejected

In the next place the little boy James Galloway was not a competent witness. He was only six years old when the facts detailed by him occurred, and a little more than eight at the trial. When introduced objection was made. The court asked him if he knew what would become of him if he swore a lie. He said yes the Bad man will get me. Then he was asked who told him that and he said his mother. Upon this the court permitted him to be examined. It seems to us that the Judges examination was not sufficiently thorough. From that it could not be known, whether the child fully comprehended the nature and the obligation of an oath. His mother had told him if he told a lie the bad man would get him. Did he realize the nature of his punishment in the other world? Had he any idea of the penalties and sanctum of perjury denounced by the law of Tennesse?

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Ought not the religious and _____? sanctuary both cooperate, to eviscerate the truth! If you can dispense with one motive, why not the other. And if that child had sworn the most unmitigated falsehood, who could think of consigning him to the penitentiary, for a period not less than three not more than fifteen years, according to the Code, instead of a wholesome application of the ferrule on the birch? At the age of fourteen the law presumes discretion; under that age it does not and must be shown. See State V. May Doherty, Term ___? Cooper Edition 476 Patterson Judge it seems to be, laid down the trial rule. He rejected a witness of eight years of age saying he must be satisfied that she felt the binding obligation of an oath, from the general course of her religious instruction that the effect of an Oath in the conscience of the child should rise from religious feelings of…..

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a permanent nature & e Sec 1st Philips an Ev. P. 9th Note 8th Now can we see that this child felt the binding obligation of an oath from the general course of his religious instruction! Was the binging effect of the oath in the conscience of the child, the result of religious feelings of a permanent nature. If we had thoroughly searched the ignorant little child would this fact have been developed? And are we to start speculating about this matter when a fellow being is trembling in the very confines of death. His mother told him the bad man would get him. A parrot would have repeated the same. But we inquire, did this boy have that intelligent realization of an oath, which would constrain him to speak the truth. If the court is to affirm the dread judgment of the court below, would you not like to be better satisfied!

Digital Image 92 Case Study for Children's Testimony

In the case of the People V McNair 21st Wendal 608, the Court said the age of the child is immaterial; but if he be of tender years, it is the duty of the court to examine him as to his knowledge of the nature of the obligation of an oath. See 1st Philips p. 12 the note 8th Does this Court know that the child knew who the bad man was whether it was neighbor Silas? or A___?. And what was the bad man to do with him in case of delinquency? Was he to whip him or deny him a sugar plum? These questions it would seem to us show that the judges investigation was not sufficiently thorough. I must be permitted to ask further if he had ever heard of God and religion! Or did he think the bad man was the raw head and bloody C__? Of the nursery?

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But even his examination as a witness demonstrates his want of capacity. He says he was sworn and testified on a previous trial, that his Aunt had frequently told him what to swear and he was determined to swear what his Aunt told him to swear. He says he sore too that Calvin Logston, the prisoner, killed his granny first. His mother was carding at the time and never stopped her carding until I suppose she was stricken with the ax. The Charge of the Court, we think is subject to criticism at page 46 of the record, the Judge says this cause is here by change of venue and then recites, “here the Court read to the Jury the Code of Tennessee from section 4597 to section 4605 inclusive!” He p__? No distinction? …

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of Murder, in the 1st or 2nd degrees or of manslaughter, but simply says he read those sections. Perhaps he did not read them correctly. It seems to us that he ought to have copied them in his charge that this court might see whether he did in fact read those sections and the ?tin sections. He says he read them; your honor might be pleased to differ with him if you could see on paper what he did read. Defendant is entitled to a correct and full charge. The constitution declares that Judges are prohibited from charging juries with respect to matters of fact, but they may state the testimony and declare the law. Under this clause of the constitution, it is the duty of the Judge trying the cause to declare the whole law applicable to the case and trial”. Sec 3d Cold p. 348. We do not know that the Judge did declare the whole law applicable to the case…

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He has not written it. He thinks he has, this Gent might be of a different opinion. If this is good in a charge why would it not be sufficient for the Judge to say he charged the whole law applicable to Homicide as laid down in Beachston and other text writes and as laid down in Dale vs The State and Mitchell against the State, and in Grainger vs the state too?. This would certainly have the merit of Brevity? and if sufficient would save much labour and unpleasant c__tativ_?

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But it seems the evidence scarcely warrants the fearful verdict. It has however no unnecessary severity if the defendant in the full possession of his senses engaged in this horrible satu? malice of blood and finished this wholesale butchery. But what motive had he to commit the deed? What motive could have induced the prisoner to have committed the heinous crime. For however strongly other circumstances may weigh against the prisoner it is but reasonable to expect that same motive and that a strong one should be assigned for the commission of a crime which is so abhorrent to our nature, and the consequences of which are usually so fatal to the prisoner. Sec 1st Sta __? No motion whatever is assigned for the atrocious deed. Then was no enmity, no former grudge, It does not appear that it…

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the result of any ungovernable rage springing suddenly on his virtue and compromising it before resistance could begin. He did not do the deed to satiate long settled deadly hate. It was not a cool calculating _____? making murder. It was not for hire and salary. It was not the weighing of money against life the counting out of so many pieces of silver against so many ounces of blood. He has no assignable motive then except it might supposed to be prompted by a ferocious bond of carnage. Here there is an effect without a cause. Mr. Mills in his valuable w__hy? Says ”On the other hand as an action without a motive would be an effect without a cause, and as the particulars of external situation and conduct will in general denote the motive of a unusual action, the absence of all evidence of an inducing cause….

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reasonably regarding where the fact is doubtful, as affording a strong presumption of innocence. See Will? on cir? Ev. p. 41 We may asked them how all this matter happened? We do not know and the prisoner is not bound to furnish the explanation. It will probably never be known. It is a mystery, that will probably never be solved. The sacrifice of the prisoner certainly would not throw any light on the subject. Confessions But it may be said that he confessed. There it is proven that part of his confessions were false. He implicated Elisha Evans and his daughter in the bloody deed. Elisha swears this is untrue.

Digital Image 99 Calvin's Life Threatened

Now what induced him to do so? At the time he made the so-called confession, in Fentress County law was defied. Every one wore pistols and bristled with steel. Lawless men struck terror in the county and set all law at defiance. A prisoner who was confined in the jail of Fentress County was taken then and shot to death by a ferocious mob. Great excitement existed against Logston, they threatened to take him out and shoot him without trial as law. Fiends were yelling around his prison, and ravenous human wolves, howled for his blood. Trembling cold and terrified in his prison could he do nothing, to quiet the rage of the savages. The Court in the cause of the State V. Fields Peche respects? 140, says Evidence of c___ious? Is liable to a thousand abuses. They are generally made by prisoners, under arrest in great agitation and distress….

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when all ray of hope is eagerly caught at, and frequently under the delusion though not expressed that the merit of a disclosure will be productive of personal safety, in want of advisers, deserted by the world, in chains and degradation, their spirits sunken, fear predominant, hope fluttering all? around, purposes and receives more __? , changing a thousand plans alternating, a soul tortured with anguish and difficulties gathering into a multitude. How uncertain must be the things which are uttered in such a storm of passion. How easy it is for the hearer to take one word for another, as to take a word in a sense not affixed to it by the speaker. And for want of an exact representation of the tone of voice or pleasing countenance, eye, manner and action of the man, who made the confessions now almost impossible, it is to make as their ? person understand the exact state of the mind and…

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meaning of the one who made the confession. For these reasons evidence of confessions, thought admissible, is yet received with great distrust, and under some? Solicitors apprehensions for the wrong it may do. Peche 141 E. L. Gard__? For Defendant