The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-11-03
IyEw ORLEAN MS:
FRIDAY M0RNING. NOVEMBER 3, 1848.

The POYDRAS STREET AFFRAY. - esteTday
was appointed for the examination If George Lane,
J. p Oldham and James Howard, on a charge Of
suspicion Of larceny made by Antonio Teznle, who
deposed that, on an ARRAY, in which they were the
principals, breaking out near his oyster establish
Inent on Poydras street, adjoining the American
Theatre, he went to the Poice-ofliee TO bring the
police to the scene Of the ARRAY and arrest the par
ties engaged in it, and that while absent his house
was broken into, the furniture of his establishment
broken, and the drawer Of his counter, with nearly
forty dollars in it, taken off
Mr. Reese, the acting Attorney General, was pre-
sent for the State lie said, after having advised
with the attorneys for the Defence and also with
Mr.. Huntington who ii subsequently became known
was present at the conclusion of the affray,) he,
dhe Attorney Generab with the permission of the
Recorder, would drop the prosecution for larceny.
The Recorder gave his consent, and the prosecution
on this charge was dropped.
On Wednesday, Judge Walker and Michael Des-
mond, one Of the two Irishmen who were beaten
in the ahray, made affidavits charging the three
with an unprovoked and violent assault and battery
upon the person of Desmond and the other Irish
man Lynch. Immediately after the larceny charge
had been disposed of, they were arraigned on this
charge They pleaded not guilty. We give in
brief all the material points of the testimony against
and in favor Of the accused:
Michael Desmond was first called. He testified
that he and Lynch were working in the trench
when. the party came up. lie was STOPPING to his
work when he was struck or kicked, and he then
run. He was pursued. knocked down and violently
beaten. Zone of his eyes was black and the old
man appeared hardly able TO walk, the effect he
SAYS of bruises on his bOdy.l He identified Lane
and Oldham as the two, who had assaulted and
beaten him.
Judge Walker was in the Delta office when he
heard the row; out in the street; saw Lane and
one ofthe Irishmen whom he thought to be the one
absent Lynch, lying together on the street, Lynch
apparently endeavonng to prevent Lane from strlk-
ing him. Oldham caught the freshman and pulled
him from Lane; Lane rose and gave the irishman
several violent kicks. The other lrshman, whom
the witness supposed to be Desmond, came out of
the oyster-house towards where Lane was, appar-
entity with the design Of lving Lynch; Lane then
left Lynch PROSTATE and bleeding on the head, and
turned upon the man witness supposed to be Des-
mond. He beat Desmond violently and then the
party rushed into the oyster-house and broke bot
ties, etc. there. The witness was examined direct
and cross as to whether he thought Oldham drew
the lrshman from Lane with the object Of enabling
Lane to continue beating him or to save him. The
whole party (the accused) he said were drunk, and
their demeanor was violent In the extreme he
would only state facts, would not draw inierences.
When he saw Lane and the lrshman lying together
on the street, the Irishman was apparently strug-
Cling to save himself from Lanes blows, and the
consequence of his being drawn off was, that Lane
rose and inflicted several kicks Witness did not
see Oldham endeavOr 10 restrain Lane after the
Irishman was pulled aside by him. Could notswear
positively that Oldham struck blow during the
afffay. Their demeanOr, witness reiterated, was
exceedingly violent, and several persons, spectators
of the afffay, were struck.
Hugh Leonard was walking behind the party as
they walked towards the river on POydras street
from ST. Charles. They were oil drunk, and APP
peared to be highly excited On arriving opposite
where the two men were at work IN the street,
Oldham shouted, " You Cd id Irish sons OF
b-hes; you id house burners, get out Of that. y
Oldham and Lane witness did not know their
names, but identified them in Court went towards
the two men the men run Oldham and Lane
pursued them; Lane first came up, and catching
one of the men, knocked him down IN the street and
beat him. As the crowd interviewed, witness could
not see if Oldham struck any one. Witness did
not know either of the men beaten; never saw the
prisoners before the time Of the ARRAY, but was
positive to the identity Of Lane and Oldham.
John MaginniS heard the row was IN the Delta
Office; went into the street; saw Lane and the
Irish laborer lying together in the sheet The evil
dence Of this witness substantially the same as
that of Judge Walker Witness, in describing
Lanes assault upon the first Of the two men he
attacked, as most unmerciful. During part of the
time he held the man by the hair and was kicking
him in the face, TO use witness own language, witt
the most brutal ferocity have ever witnessed.
There being noevidence incupating Howard, OF
motion Of Counsel for the defence, he was dis
charged. In the absence of Lynch, who has no
vet appeared in Court, Desmond was called upoT
to prove that he was beaten at the same time. Th
he did 80. DR.. Brent, who has been attending
Lynch, was also called, and testified that he i
bruised as if he had been in fight that he ha
three wounds in the head, one near each eye, ant
IL. r 4l,, 100 IL. Int a Ia mn
dangerously injured. Witness did not consider i
necessary to prescribe for him thought his injurie
would not prevent him from appearing in Court,
he wished to appear
This closed the evidence for the State. Mr.
Huntington, merchant and Mr. Grivot, amen
Der Of the bar summoned for the defence, both saw
the end of the affray, and testified that Oldham
was struggling strenuously to restrain the violenc'
ofhis companions. He was doing all in his powe
for this object and was the most sober Of the party
Mr.. Huntington added that they were so intoxica
ted that if any of them struck flea, he woul
scarcely consider it an exaggeration to say the
could not kill it. Mr. H. also said he saw all tina
was done in the oyster house; on finding the part
were rushing into the house, he requested som
one to remove the bottles and glasses, which wa
done; all that was done by the party was to seiz
some oysters or oyster Shells as if to throw. Off
Ger Bowles, Of the Second Municipality, testifie
tina; he arrested Oldham, and that when he arrive
on the spot Oldham was using every eXertion to re
strain the violence of the Others Officer Wander
don, of the same police, who aided in making tn
arrests, corroberated the testimony of Mr.. Bowle
All the witnesses for the defence swore that Ole
hams character was good and peaceabe.
The acting Attorney General said he wishe
Lane and Oldham to be sent before the First Dii
trict Court. The Recorder discharged Oldham an
committed Lane for trial, and required him TO Civ
bail Of $1,000 to appear before the First Distrit
Court. Messrs Frost and Flower, counsel for Oh,
ham; Randolph for Lane and Howard.
FIRST -Larceny-Anna Bari
was arragned before Recorder Genois yesterda-