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The commercial. (Union City, Tenn.) 190?-193?, January 29, 1909, Image 1

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0t''E'S: GERMAMXOUGH,,C0LD AND CROUP REMEDY
'. - .We have recently sampled the city with thsvvell-known and efifective remedy. The results are astonishing, as we are realizing
an enormous sale on this preparation. - We are also. headquarters for all other Cough and Cold Remedies. .This season is espec
ially inducive to pneumonia better stop that cough now before it's too late.
NAILLING BUILDING. NAILLING DRUG COMPANY. TELFPHONF
the .::::;iALt trial
jt ii- - V . ,.
The fx.- .nation of Witnesses
Vy Tl.e State and Defense.
( liiji'ction was mado Ianl Thursday to
.' siryman Cary and he was deposed, and
f ol Ward, of Pleasant Valley, qualified.
The panel now stands:- Joe' L. Rogers,
- A. II. Bnggs, H. Alphiri, K. T. Preu-
ettJ. M. Davis, W. D. Hargett, F. P.
Campbell,' J. B. Akin, R. J. Fielder,
John O'Dounell, Sol Ward. Officers,
"T. J. Braudiam. W. T. Matthews, Irve
Lippard. ' '-'''
The trial of Ed Marshall, chajgCil
;il!rderjr was
begun ThusyaTITlioori , the State
introducing th first three witnesses.
lhe defendant, &a .Marshall, is ac
companied during the hours of the trial
by his wife and several relatives and
friends and appears to be-confident of
acquittal. ' .'
.. Attorney W. M. .Miles was sworn in
as attorney general pro teni.
T. C. Gordon, of Dyersburg, has been
retained to assist the defense. .
JUie Uary, juror in the Marshall rasa,
was removed upon the testimony of his
1 . - ' TT-v ITT 1 HT '' Tl 1
revives, ,vr. w, a. anmg,anu pre8ont at Wainut Log and used his in
McAlister, who testified, that they had to keen them from kimng Ran-
ii- ... : j ! I
nearu mm express opinion concerning
the case. .Counsel for the btate agreed Th(J trongest witnes8 introduced by
to make no contention, iie was re- s t WiU Johnson. He did
placed by Sol Ward., not know as manv of the band as did
The first witness examined was Hon. EehHn, - but knew m0re of Mar
beid waaueuva wealthy luemueroi tue nn,wim, aa thev were both
Wert Tennessee Land Company, who membors of tho Clayton band. In tell
arranged with J. . Carpenter lot-Capt; ng of the- nuirder he Kaid that he and
Rankin awl Col. R. Z.vTaylor to go to Marghall and three other Nightriders
Walnut Log where the murder oo- waited at the rendezvous for an hour
cmired. lie testified that Arthur Cloar, K., nn,U iAr, .n,i liia mn nr.
senstei:. a tonang, was stanuing near , T th oriiril)al agreement
friend,the aged witness showed consid
erable emotion, but recovered himself
in a few minutes and proceeded with
his story, which, in substance,, is as re
lated in the first trial. He narrated the
hardships that he underwent during the
two days wandering through thedense
woods in' 'making his escape arid telling
of the brutal murder of Cajjt'. Rankin.
P. C. Ward, proprietorof the hotel
at Walnut Log, told of seeing Capt.
Rankin and Col. Taylor taken from his
hotid by t!u Nigl dialers, and later sit-
ting up with tltfc body of Rankin until
d:ij lil,' i ,'en it was conveyed back to
the hii "" , ' :' ' ".; - '-.
y John White, a banker fronf , Horn-
boak, flhere it is believed the first band
of Nightriders was organized, told of
Bttiua: to th(J big woods ' last summer
and making a speech to a large num
bet cf masked men, urging them to dis
band. He could not recognize any one
at the meeting and could not even say
whether or not they were real" Night
riders.
The testimony of, .. the witnesses ex
amined Saturday showed positively that
Ed Marshall, now on trial for complic
itjy 'in the murder of Capt. Rankin, was
a Nightnder-for several months pre
vious to the murder, and that he was
anld (-. rheard the arrangements made.
anld ( .
Hie thei
Tjie theory of the State is that Cloar
,'arriod'the news to the Clayton crowd
hi Niehtriders. J. W. Carpenter, law-
y r and lumberman, corroborated Wad-
1
that Taylor and Rankin were to be
whipped .and made to , walk to Hick
man, and when Marshall saw they were
going to kill them, he pleaded for their
lives, and was so insistent that uarrett
also relating his trip to Walnut Jobjlgon gtarted to strike him. Witness
save the nassword. which he said was
p.. , ,
the sfmie as that of all Niehtriders. He
was subjected toa severe cross-exami
nation, but adhered to his original story.
Will Hamlin was the only other wit
ness of importance. He had seen Mar
slin.ll nt several meetings, but knew
nothing of the Walnut Log murder.
Many Ladies In Court.
Quite a number of ladies were pres
ent. Marshall was surrounded ny a
half dozen lady friends of his wife, and
Log, where lie was to lease land to the
company on Grassy Lsland. Carpenter
was arrested soon after the murder,
chargedji'ith decoying Rankin and Tay-
lor.to their death, but was honorably
released.
- Ed Powell testified to the mob arous
inar him to wake Ward, proprietor of
' the hotel, in order to get .Rankin, and
Taylor, describing the trip in detail.
Among the mob he recognized Frank
Fehriiiger, Roy Ransom, Tom Wilson,
and Garrett Johnson, the latter com
pelling him to take the Nightrider oath. a large delegation of ladies from Tren-
Major Holmes is conducting the ex- ton sat near Col. Taylor.
am" mation of witnesses. , The prosecution sprang quite a sur-
Marshall is surrounded in court by I prise by the introduction of Will Ham-
many lady relatives and friends fromhin, a confessed Nightrider, on the wit-
some of the best families in the county. I ness stand. Hamlin had not been ar-
Accordingto Frank Fehringer, self-J rested, but becoming frightened at the
confessed Nightrider, who testified in conviction of his associates, he' sought
the trial of Ed Marshall, Marshall was out Maj. Holmes and turned State's
with the band at Walnut Log when the evidence. He lived at Clayton, near
lynching occurred and tried to dissuade I the defendant, and had frequently seen
others from killing Rankin. ,. him at meetings of the baud. The wuV
Fehringer was one of the most , im- ness was not at Walnut Log, having
portant of the State's witnesses during given up his mask several days before
the previous trials, and frankly admit-1 the murder. .
ted the part he played in the killing of That the Reelfoot Nightriders had the
Rankin and other raids of the band. I same passwords and signs that those of
He declared he had frequently seen the black patch had, was the statement
Marshall on these occasions. I made by Will Johnson.'
; : The testimony of the other witnesses . Johnson joined the Isightnders in
was merely to show that a band of I July and waswesent at several meet-
Niehtriders existed and that they killed ines when Ed Marshall was there. On
Rankin because of his connection with the night Capt. Rankin was murdered,
the West Tennessee Land Company. he, Ed Marshall and three other mem-
Ransom Slinkard and G. Russell did bers of the Clayton band waited for an
rider oath, was the second witness this
morning. Barkis is an Assyrian, liv
ing at Hickman, Ky., where he is en
gaged in business," : 1
In his indifferent English he told the
jury how he, for fear his property would
be destroyed, had joined the outlaws
and of two of the meetings he had at-
tened, -but he knew nothing of Ed Mar
shall's connection with them. He was
badly frightened w'h ile on the stand and
seemed greatly relieved when told that
he could go back home.
According to the testimony of Ethel-
bert Rogers, who was called next, there
there were thirty-five men who partici
pated in the murder of Capt. Rankin.
He and Marshall live -withiiv a short
distance of each other, and freciuentlv
went together to the rendezvous of the
band. At Walnut Log "Marshall and
I did everything we could to keep them
from killing Rankin, and I asked Gar
rett Johnson to let me take them to
Hickman in my buggy, but he did not
answer me," said the witness. On
cross-examination he said that he and
Marshall both objected to the killing of
the Walker negroes, at Hickman, . and
were ridiculed by .Fehringer because
they tried to prevent it,
Tom Cloar, another confessed rider,
said that the day after the murder he
was riding with Marshall in a buggy
and the latter told him of the killing,
saying he begged for their lives, and de
clared that he would go on no more
raids. At this time it was generally
supposed that Colonel Taylor had also
been murdered. Cloar said that when
Marshall was asked to come , to Union
City to hang Judge Harris, who was a
guest here at the time, he refused, say
ing: "Boys, you are going up against
a bad thing. 'J
Ben McMurtrie, who testified before
the grand jury that on the night Capt.
Rankin was killed he awoke Marshall
and John Ratliff to get some medicine
for his sick baby, was introduced by the
State to correct that testimony. He
said that some time after the killing
Marshall and Ratliff called at his house
one night after he had retired and call
ed him to the gate. They told him they
wanted him to help them fix up an alibi
for the night Rankin was murdered, as
men were being arrested for the crime,
and they wanted to be in a position to j
prove that they were-not there. They
asked him if he did not think he could
remember his baby was sick that night,
and that he called both of them to get
some medicine. On cross-examination
McMurtrie said that he had become
convinced that it would be better to toll
the truth, even if he hung for it.
,"Then you swore to a lie before the
grand jury, did you?" said Mr. Pierce.
Yes I did," shouted McMurtrie;
"but I'll tell the truth now if my neck
is broken."
McMurtrie is in custody at the bar
racks, and is under indictment for
nightnding and conspiracy. The State
rested at two o'clock, and after a con
ference lasting forty minutes the de
fense placed the defendant Marshall on
the stand.
Ed Marshall, forty years of age, was
born and reared in the Third District of
Obion County, near Reelfoot Lake, and
lives at Clayton, the headquarters of the
hill or upper Nightriders. He testified
that the first time that he saw the Nigl
riders they came to his house early in
June one night at midnight. They
covered him with guns and had
come after him, and ordered him
give them a note held against old man
Baugus. They stayed about thirty
minutes and, after searching the room
thoroughly, told him they proposed to
make him reduce the rent on his land
and mules, and that if he disobeyed
their orders they would kill his wife and
baby and burn his property. The
then took his pistol and departed.
Later they returned his pistol by.
placing it in the mail box. Marshall
said that he had received several letters
from the Nightriders, but, under orders
from the band, he had destroyed them
Several times he met Frank Fehringer
who told him he had better obey all
orders given him .by the Nightriders.
Fred Pinion, now under sentence of
death for tlu? murder of R;mkin, came
to him and told him that if he did not
join the band he would Ixi in great dan
ger, and that he had been sent to tell
lim to go to Baugus Hollow that night.
John Ratliff, who was boarding with
him and had a store at Clayton, had
also received several orders, and they
were afraid not to go. They went ae
cording to orders and were sworn in by
about twenty masked men. He said
he niet with them several times,, be
cause he was trying to keep in their
good graces; and several times he stay
ed away because he was a lawabiding
man. The Nightrider ' i gave him
mask and told him never to come into
that bunch without hiding his face. He
said the only part he took in the raids
was to keep in touch with the Night-
riders to save his life. He had failed
to attend meetings when ordered and
was accused of being a traitor and warn
ed hot to fail any more on pain of death.
The day of the murder Marshall said he
was working on his farm all day, and
on his Return home after dark Ratliff
told him that strict orders had come for
them to meet the band at Powell's field,
and that if they did not go they would
certainly be waited on. When they
got to the field they found Ethelbert
Rogers and Bill Johnson, but none of
them knew what they were there for.
not respond when their names were
called. "'-'.--. -' f
Ed Powell, who was on the stand
when court "adjourned Thursday, was
recalled and subjected to a severe cross
examination,' but he maintained ' his
original story.
Col. Taylor Testifies.
' Col. R.
tragedy, positively identified Frank
Fehringer as a member of the band
who killed Capt. Rankin. This state
ment of Col. . Taylor corroborates Fehr
inger's version of the murder.
When describing the murder of his
hour at the rendezvous before the lower
band came.
MONDAY'S TESTIMONY.
Warren Morris, who by his confes
sion was the official poet of the Night
riders,, was the first witness Monday
morning. He had not seen the defend-
Z. Taylor, the survivor of the ant -at any of the meetings of the band,
but had heard he was a member. When
Rankin was killed he heard one of the
Nightriders interceding for him, but did
not know who it was. -
Mose Barkis, probably the only mem
ber of his race who has taken the Night-
1888 1908
', 7 ' .
We have a record of over twenty years
of safe and conservative banking meth
ods. Ouw policy: to treat our smallest
depositor with the same courtesy and at
tention as the largest patron of the bank.
WE SOLICIT YOUR BUSINESS
1
First National Bank
Union City, Tenn.
Capital Stock
Surplus and Profits
$50,000.00
28,000.00
Marshall swore that he did not know
any West Tennessee Land Company
and had never heard of either Taylor or
Rankin. He said that while Garrett
Johnson was talking to Col. Taylor and
began to get rough he stepped up and
said: "Don't harm these men. They
are nice, honorable gentlemen, and you
ought not to harm them. Let them go
home." One of the Nightriders struck
him two or three times in the side with
a gun and forced him to desist.
Witness swore that he offered his own
life in exchange for the lives of Rankin
and Taylor. He said he begged two
or three times, and pointing at Col.
laylor, who was seated in the court
room near him, he exclaimed dramatic
ally: "If that gentleman knew the cir
cumstances as I do, he would embrace
nie in his arms."
He said he begged Colonel Taylor to
promise the band anything to get out of
their hands.
'Mamhall declared that he knows noth
ing of the West Tennessee Land Com
pany, nor who owns Keelfoot Lake;
that lie is not interested in the lake;
said that ho had never had any talk
with McMurtrie, and that immediately
after the killing some soldiers came to
his house and invited him to visit Gov.
Patterson at Camp Nemo, and that
when he got there they would not let
him go away again.
On cross-examination, Marshall ad
mitted that he has a telephone in his
house; that he had ample time to in
form the sheriff of the meeting of the
Nightriders in the, hollow the night he
was sworn in, but was afraid. . He did
not know who was sheriff. He went to
the meetings armed and masked. He
said that Fred Pinion and Frank Fehr
inger usually notified him of the meet
ings, and became somewhat confused
as to which notified him the night
Thurman was whipped. He admitted
carrying a pistol ,to the meeting, but
didn't know who he was carrying it for,
and finally said he carried it just be
cause he wanted to.
The Marshall Nightrider trial was re
sumed Tuesday morning with the de
fendant on the stand. Marshall was
more composed, the nervousness which
haracterized his action day before hav
ing almost entirely disappeared. The
prosecution is attempting to show that
the confession of Ben McMurtrie who,
on the stand Monday, acknowledged
he purjured himself in the first trial,
when he testified to Marshall's where
abouts on the night of the murder,
would have been an alibi, and that wit
nesses had been summoned for that
purpose.
The witness was closely questioned
along this, line, but he denied any
knowledge whatever of what McMurtrie
intended testifying.
Later he was asked the question point
blank: "When he had decided not to
prove an alibi," and answered he did
not know. , He denied that he had ever
thought of turning State's evidence or
sent any friends to see Gov. Patterson
about giving him a pardon if he would
do so. Further cross-examination de
veloped nothing new, and with a smile
of satisfaction Marshall left the stand. ,
The Argument.
Attorneys began speaking on the
case Tuesday afternoon. Time allotted
for argument" was eight hours, which
closed Wednesday afternoon, followed
by the charge and case went to the jury.
The verdict is to be found on another
page of this issue.
The Senatorial deadlock at' Spring
field, 111., may be broken this week,
TEACHERS' MEETING.
At Troy, February 6, 1909. The
. Program.
Song by the school.
Invocation, Rev. T. P. Pressly.
Welcome address, J. M. Brice. . '
Response, J. H. Robey.
Resolved, That Tennessee Needs a
Compulsory School Law. Discussion
by the teachers. Affirmative, C. ,S.
Austin; Negative, L. D. Williams'.
Reports from the schools.
' NOON. , - , ' '
Some Specific DiHicxilties, all teach
ers.
-
Ethics of Teachers, Burch Atkins, S.
B. Hayes. .
The teacher as an example, Miss
Clemmie Ivie, Miss Ethel Henderson,
This meeting is not for the south nor
the north part of the county, but for
both sections. Let every teacher : bo
present. Let this be the largest meet
ing yet held. I could not get a meet
ing of the two committees, so I made
tho program.
Yours very truly,
C. L. Ridings.
but the, conferences of the lasl few days
have failed to indicate the outcome.
The Meanest Man in Town
is the one who always wears a frown, is
cross and disagreeable, and is short and
sharp in his answers. Nine cases out
of ten it's not the poor fellow's fault,
it's his liver and digestion that makes
him feel so miserable, he can't V " be
ing disagreeable. Are you in danV. "f
getting into that condition? Then start
at once taking Ballard's Herbine for
your'liver the. safe, sure and reliable
vegetable regulator.Sold by Nailiing
Drug Company.
Wm. Pettus.
Wm. Tettus, an honored and aged
citizen of this city, died at his residence
on Home street Sunday morning at 10-
o'clock, Jan. 24, 1909.
Mr. Pettus was a little more than 84
years of age and was physically and ,
mentally active up to a few days of his
death. The immediate cause .was heart
failure, superinduced by indigestion
and accompanying functional decline.
Death occurred while Mr. Pettus was
sitting in a chair talking to Dr. 1). M.
Pearce, and members of the family were
present as the soul of the good man
passed out. He died without a strug
gle, and so ends the temporal existence
of a life full of years and usefulness.
Mr. Pettus was a man of strong char-
acter, blended with a warm and kind
y nature. His philosophy was broad
and sound. The moral elements in him
prevailed, yet he was not an extremist.
He was honorable in every way and a
6""" mini wiiusu virtues are among mo
greatest of bequests to the living. His
home he loved and guarded carefully . ,'
and prayerfully, and his memory -will -be
revered long after the pain of sepa
ration is forgotten. Following is a bi
ographical sketch by a friend:
William Pettus was born June 16,
1824, in South Carolina, near the North
Carolina line, of English parentage. In
1829 he came with his father and moth
er from Charlotte, N. C, near the place
of his birth, to Huntingdon, Tenn., and
a year later moved to Gibson County
near Yorkville, where he was reared to
manhood. He was first married to Miss
M. A. McDaniel Dec. 19, 1870. Hi
wife having lived but a short w'hile, on
Jan. 1, 1872, he was married to Miss
A.' E, McDaniel who, with" two daugh
ters, Mrs. Edna Ruflin and Miss Pearl,
survive him'.. lie moved U the vicinity .
ot union City just before the Civil War
nn i na. nvnd i ... n- i t, . . . too ?
He, Rev.Liles, Di " ai o.nd N, .
K. Moore all mar:y Tnu'k .o
.i.:i ..:i. .to meet at thAoffice
vill. and hiU.hmi
. Jtr of.
were conierrmg the..
the lodge room. h4
He left the hall at fl;,
church where the noca
ress and the whole me
lodge followed him.
P. Church thereat
member untdj ""V
The remail!. rT
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