The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-05-28

drinking, had some words with man. They wen
away, and returned about 9 or 10 O'Clock, and
were then arrested by Lieut. O'Leary. He saw
the slave Robert rolling wheelbarrow past hi,
house previous to his death.
In cross.examnaion he said that he often saw
Holloway at his house, and there was nothing
strange about MS appearance the second time he
came in on the night Of the murder.
Jonn nuey sDorn-Said he was Waterman
and on the night of the murder his beat was in
Orange street. one square from Race street. About
O'CLOCK he heard the cry of watch. and hasienrd
to the spot On his road he met Holloway, who
was ,s having noise with some other man. He took
aoia OF nun and told him to go off home, and he
old 20. On going few yards further he found a
negro iying upon the ground-it was about twenty
yards from where he met Holloway, He went 10
10 the BODY and saw several men trying to pick it
up, and some said he was drunk. He did not see
rom where he came and when he arrested him
uele was something wet on his clothes, but he
could not swear it was blood. It was dark, and
feeling his hand damp he went to wash it in the
gutter. He took hold of Holloway by the collar.
Inc Judge here remarked that it a singular
| thing that murder should be perpetrated at the
corner of a street, in the presence of watchmen,
and no one know anything about it. He thought
they had better keep police to protect robbers
| and murderers.
Examination continued.-Ths body was warm
when went up to II, and several men were trying
10 raise it from the ground. did not look to see #
there was any knife or any blood around the spot
where the body Law. There were 20 or n, ne,sons
about the body at the time it was removed Hol.
loway appeared to be drunk. did not see aDy
one pulled off the body of the negro.
A watchman proved taking the BODY 10 the
watch house, and to finding a wound on the left
side. o WV
Mr.. Binney said he was present when the &C.
cused We're arrested, and he noticed blood on the
hands OF Holloway, as he held pitcher in the
| coffee house, from which he was drinking. H.
remarked the same TO O'Leary, who also saw The
blood. ''''
The District Attorney said he had exhausted the
means OF evidence on the part of the State and as
the testimony against Cassidy was not strong he
pfoposedto make him State witness. Tne Judge
ordered noife prosequi to he entered and he was
discharged alter which he put upon the stand
John Cassidy sworn-Said he was in company
with Holloway on the corner of Tchoupitoulas and
streets, and they met at the fire al St Charles
Hotel. He was not with Holloway on the Levee.
They went together from the fire to Tchouplloulas
street, and he was with him all the time They
were never on the Levee that night at all, and he
did not see Riley take hold Of him. They did
nor see any Niger run by while they were in the
coHee mouse, and as they were going to it, thew
called IN at his house, and after they had been to
the coffee house, they visited his residence Sec
ond tlme He saw no Waterman take hold of
Richard holloway, and they were not on the Levee
saI evening" ne was sure, for he did not separate
from MIN un,il they were taken into CUSTODY
The Judge took down the evidence of this wit.
ness, and at its close ordered capias to ISSUE and
the witness to be taken into custody by the Sheriff
| and locked up on the charge of perjury Cassidy
was then removed from court, in custody.
The strict Attorney closed the case on the mart
OF the State, and Col. Field called two witnesses
to speak to the good character of the prisoner.
The Judge addressed the jury, observing that
the evidence was through the part of the Sta te
and he did not think it sufficiently conclusive TO
Jusy the jury In finding the prisoner guilty of the
crime OF murder. 1t was a most extraordinary fact
that crime like that should be committed on the
public streets, within the reach of prompt assist.
ance, and near plenty of houses; that the police
should talk to the persons accused of the crime and
even go to the body while it is warm, and vet that
no proof could be made out in law, or any moral
certainty be established of the guilt of any person
1t was no wonder, with such police, that murder
should stalk abroad at MONDAY, and murder be
ioond on the hearth-stone at midnight If some
thing is not done to alter the police efficiency of
TINS district every citizen must turn police officer
and do duty himself. We pay heavily for the police
OF this city, and they rather to extend their
proectio to the robber and the murderer, than To
the Peacable and industrious inhabitant Such
things had gone far enough, and these remarks
We're made with the hope that they would have
some influence upon the community. He had
watched certain movements long ,ime and he
knew too much not sometimes to speak out He
concluded by informing the Jury that there was no
proof on which the accused could be found guilty
of murder.
The Jury wished to retire, and after an absence
OF about twenty minutes, returned with a verdict
OF " not guilty." and the prisoner was DISCHARGED