The prosecution expected to show that the said Martha J. Upton, widow of Frank Upton, a deceased. Federal soldier, lad only four children, Boyd having fraudulently filled up the original application
for six. The said Martha J. Upton, being unable to read or write had made the afadavit, being ignorant of its real contents, On this application a pension was allowed. The prosecution charges that Boyd paid over less than the amount to which four children were entitled, while he had fraudulently procured an allowance for six. Judge Nelson, counsel for Boyd, said that, in the defense it would be insisted that n large portion of the evidence received on a former trial was not admissible. That Boyd was wholly guiltless in this transaction, Martha J. Upton having repeatedly sworn that she had six children. That Boyd had paid her a small sum more than she was entitled to. That the material witnesses for the prosecution were ignorant negroes, wholly incredible, some of whom they expected to impeach.
Samuel Elliot was then called and examined for the Government. He lives in Monroe, county and had resided there for 22 years. He was very positive that he did not die in the Fall of l863, as had been alleged bv Boyd in his application for pension for his minor children. On being asked if he had any children, he said his wife had some. He had no child named Sarah, nor none named Barton. He lived 12 miles from Madisonville and had known Boyd for many years. Boyd also knew him. He lived seven years on Kelso's farm. He was certain that he had never died and came back to the world to persecute Boyd. (Laughter) He knew of no other Samuel Elliot except his little boy, who had been born since this trouble commenced. Being cross-examined by Mr. Cocke, he said he knew no other Samuel Elliott. He was called upon to five the names of his children, which he did, showing they were identical with the names in the alleged fraudulent claim except two, which were different. He knew no Samuel Elliott in Georgia who had died in the Federal army. His first wife's maiden name was Nancy Stilwell. His present wife's maiden name was Mary Cline.
T. K. Cole was called. He was a member of Capt Bryson's company. Couldn't tell where the company was in November,1863. He was raised in North Carolina. He knew no one in the company named Samuel Elliott. He had a brother who afterwards enlisted in the l0th Tennessee regiment and died of small pox.
Cross-examination- he was a private in the company and could not tell the number of persons in it. Neither could he remember all the names but repeated some of them. Bryson's company noted as scouts and were often on duty in squads. Col. Johnson was re-called and proved the handwriting of Boyd in an original application for pension, made by Boyd as the guardian of six minor children of George Rose, who was alleged to have died of gun-shot wounds received at Cokee Creek in Monroe county in November, 1863. Other collateral papers were presented in this case, embracing paid cheeks, with Boyd's endorsement, showing that as guardian of the six minor children of George Rose, he had received from the Government at one time, $1,218 and at two other times $54 each. George Rose was called and testified he had married in Cherokee county. North Carolina, where he still resides. He had two living children and one dead. He knew of no other man of his name in that county where he had a general acquaintance. He bad never been a member of Capt. Bryson's Company. He still lives in Cherokee county and had never been dead. His wife had never married anybody else, unless she had done it since he left home. Cross-examined, he said he had a prettv general acquaintance in a portion of the county. He did not propose to know every man.
Col. Johnson was again called and testified to Boyd's handwriting in two applications for pension one for Susannah Davis, widow of Jas. K. Davis, Co. I or L. 9th Pennsylvania veteran volunteers, and another as widow of Jas. Davis, late of Co. B. 8th regiment Indiana volunteers. In each of these applications, the midden name of Susannah Davis was stated to have been Susannah Raper. The date of marriage were identical and the minister solemizing the rites of matrimony was the same in each case,
Susannah Davis (colored) was called. She said her maiden name was Raper. Her first husband's name was Fletcher and her second was named James Davis. She was married to Davis two or three years before the war. Her last husband died in the Federal army. She had made application to Mr. Petitt to prosecute her claim for a pension. Then she went to see Boyd, who told her he could get her a pension. She had received $328 from Boyd. Upon cross examination she said that she had no other agent except Boyd. Mr. Campbell paid her ten dollars of the amount received. She had received an order to Boyd's store for $15. Jeff, Carson paid her $240 in cash. Alvin Boyd paid her $48. She was sworn once before Mr Petitt and another before Mr Montgomery. Alvin Boyd went with her to Mr. Montgomery's. Thomas G. Boyd was not there. She did not know where he was.