The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-06-27

The testimony have reported in full The witnesses
the part Of the State make out positive of murder.
while the larger number examined for the defence clearly
define the killing to be justifabe homicide The singulay
Of the evidence will attract general attention. and the direct
contradictions involved must be subject OF comment We
do pretend to give opinion in this the tribunals
justice will decide it. The evidence readers
that they may have full statement of the testimony and
draw their own conclusions
The first witness examined Nicholas Riley, on whose
affidavit Pine arrested.
RILEY being sworn stated-I acquainted very slightly
til last Tuesday when he nGng to some business on
the wharf On Thuriday The 2t P astant was on he
wharf and without having dispute with Michael Burns
so and Ss hm WIN d ,Sa
and retreat from Pho some four or five yards The p,oner
strike me with siase when Pine struck him with it. drew
knife dropped the slave, and stabbed him The weapon
the accused draw the knife the side of his clothes
was standing at the time, the wharf between Pine and
the stick he then dropped it and took stave from he
barrow Burns was retreang when the accused attacked
Cross ezamination-My business is acting foreman
dsny eomnenced was standine ONE yard or one yard
and half from each of them There was no dispute be-
have heard a con versson al such short distance. Alter
Pine first stabbed Burns, tho fall the wharf
the Burns struck Pine did interfere for
had no time. did not strike a. the prisoner aud there
himsef. called dec ased thai Pine had knife. After
he was once stabbed with knife Burns fell into the water
Post No 3d. Burns was wheeling barrow on TO tbestagng
ing. Gavino Leddo standing the staging when
Burns went 20 wheel up Pho the proner. would not let
Leddo mn Burns Burns sand Why do you damn met
and be went to wheel his barrow the prisoner struck
barrow and the accused picked save and while Burns
calling 10 MT strike ne Pine struck him with the
prisoner deceased with the knife they struggled
kni in he
Leddo stood with save in his hand between them and the
FROM Burn ose in the wa,e
stabbed !" Gavno Leddo was the owner Of the slaves thu
the vessel and following Burns. There dispute
asked Leddo why he damned m Lsddo replied None Of
hls barrow upon him when Pine stIu Burns seemed 10
ment and was commencing to go up asain with his LOAF
struck he rsneatsd and threw of Pipo blow with the
stase then the accused ran at him with knife. When
vong get away. While mo s'abbng him from
derneab Burns stood up TO his breast III the water Pino
WILLIAM WIZARD sworn.-I was not present at the ARRAY
only came By after the occurrence had taken place
was losdDg with slaves at post No 3d. was standing
along ide Of the staging at me OF the aay
told the who wheeling not to wheel any IN. Burns
did So Buns said that the mate had tad him to do ii ed
do then did him and said that lhe mate had nothing
:, Why are jswing with hee men 60 to yon' work.
Burns going to wheel the when Leddo in
Leddo Go out of the way-he ship pays for the privilege
o. the stage" when be replied that if he well he
his measuring rod and str Ike Bnrn the latter stopped his
up aye and to H. s es ae ct
knife picked up stavs from Oft of the barrow and followed
ing with my back toward them heard Buns say Don't
strike me with the stave next saw them falling over into
he he'd his knife Riley sung out to him to Keep hold of
Pnos hand both rolled oyer-be prisoner bel unde meath
times while they in the water cannot whether
he had stabbed him before or not
Cross am first mate was born in Bar
them. We had mot cammencsd loading When the aft az
occurred standing on the wharf while adrssman
cou citing was five teet off of the
had took no Of the words hat had
passed. and could repeat al the veIsaon The inst
was striking him witt, suck When the deceased run bis
b7row up to eddo he pped in 10
had been awng saw deceased pick but do MT
know that he raised it cannot whs, he did with
ave ereated from fear Of Pno's was sqffi
o sp about nce Of
THOMAS RILEY. sworn II witnessed the fight on II urs
barrow Gavino Leddo then said, Yon are damn son Of
- then Pno dew bis knife there were fonr penons
sne and rod in his hand he struck the deceased when
nrns and reested saw The struggle the
of the river Burns lived 20 minutes when Pine got
nut Of the water. he went off, was Standing, with
,ands on my barrow, four or five yards off
The evidence here closed upon the part of the prosecution
md the witnesses for the defence ca led.
GAvINo LEDDo sworn.-Between and 10 o'clock on
be 2l Of June went The bark Auioeon deliver lot
ery severe jury 10 foot. which prevented akng
Burns picking out big slaves and loading them
None of your business said that my business
nd that would make him wheeling ano her stave
TN he in nj nj Tell
ne damned Frenehmsn T. get cut Of the way then go
.sv hs e "r nos
hen loaded the whea barrow heavily, and tried 10
prevent The from doing then struck him
With his fist his forehead and still fried to wheel the
struck him on The leg with the wheel which marx he
ow has both Of them then took up slaves the
me but Burns being tee rongsst kneeke The
Pinos hand, raised his and struck him the head
h 5 ms head was much hurt and E LED from long
nd struck at Pine. who Tended off the blow with his
cps when the accused lod on spar and Burns skns
m at the same moment, he fell into the liver Burns fol-
9th in the water and mud first Pine sideways then
turns turned him and put his head under water trying
'ere cying Down him, down him@gve !, to him y
be mud wss very soft did not see Pine draw his knife
urps. and at lime thought he dead the deceased
Pno Clothes s Court pS naa essei
@,th RI mud AsG ms Panama hat worn at the pge
to my Office the aboers following him with sucks
nd stones hey numbered 40 So Pho got to he
n he said that he would ami give himself up to he
ls'ice told him TO do and that would go with him
then went an surrendered himself |
Cross eLhmincd-I did not Pine strike Burns with the
easurina rod and hen draw his knife. did the
" OF Riley" Hold his hand" j dd hear Burns say
lat he had been directed by the captain throw
e slaves away When Pho picked up the slave he did
ot have the rod when the wheelbarow rolled against him
had let the rod fall Burns dropped his slave when Pine
as the spar and gave Pine the blow that threw him
to the water Pine is my clerk; is on he same country.
I'd has been living with for time; have known
m a long time; he is very peaceable has had
iaei IN the city OF New Orleans he has been here about
rec years
JULES CUNY-[Gven in French, and interpreted by the |
IL II was Just from breakfast and standing the
aging Of another ship, when L Eeddo come on the
hart. on horseback, and Pine, with measuring rod in his
md. L know hing of the first of the atfrsy. A few
conds after, heard Burns " Get out of the way"
g same time him pushing his barrow against Leddo
hen the accused and stretch his rod the
igng to keep Burns from running on his employer Pine
not touch the deceased with his rod; who continued
owing his barrow his leg and then struck with
fist. At this time both of them look up saves Burns
uck first and knocked the prisoners slave of his hand
then raised his save gain, and struck Pine over
. head | LEFT where | was standing, and to the
hart where the fight was going [ Burns knock
no down near the wat into which he rolled. The de-
q ed then followed him three feet and endeavored
pull the head of Pine down the water while hi con-
des shouted sdTown him" | believe that when Piuo
uck Burns with his knie he much danger; Burns
in tho uudap nd pini,v had