New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-05-01

slapped met Accused persisted in rushing deceased
and succeeded In releasing himself from the grasp OF vii
ness. When Roger got away from witness ne (Roe"fl
ran to desk and CRASHING sword brandshed In th mr.
and rappng 1t on the table Roger then rushed toward
deceased with the sword and witness exclaimed Wretch
ed man what are you going dor! Roger theD graspcd
deceased by the neck ard plunged the sword into nj.
breast Deceased exclaimed You have killed me ~
When Roger to get the sword. Champagne turned
towards the door aud going out The distance from
where the sword was and where the deceased was stabbed
was about thirty feet 1t far because the room
was encountered with boxes and the distance walked by
the accused was not straight "A drawing Of the build
and witness pointed out the position OF the pares AT
ter the fatal blow witness went to give information at the
Recorders Office When he returned to the store Cham
paigne was dead. Deceased was a smaller man than
'ogerand not active. Roger was very quick in his
movements
Questioned by Mr. soule-The store where the homi-
eide occurred about twenty feet wide The desk
about three feet wide and the sword over it, The
desk four feet high If the sword had not been there
the accident would not have happened The language
used by Champagne witness would consider if used to
himself peculiarly insulting While witness sepa-
rating the parties he heard slap and the exclamation
from Roger You slapped me" When accused was ar.
rested he said to witness: II old military look at
| my ~ 1Iisface was red
Etienne Ayna,h srorWtness at the auction store
at the time Champagne was killed. Was with Roger
they were going out Of the store when Roger seeing
Ghanpalgne. said - must see Champagne Tor nave
| some business with him. Roger then went up to de-
out money and laid the box beside him Some
thing said by deceased about accused owing him COM
missions Accused said he did not any commissions
and then said that he did not have any
thing to do with Roger with any other man who
did not deal fair There was then scuffe and witness
When Roger had released himself by violent effort from
the grasp of Domignon he rushed to the desk seized
brandshed it in the air and struck it upon table
very violently. Champagne in the passage way
leaning on bale Of goods when Roger rushed upon MN
and gave the fatal blow. When the blow was given
| Roger held the deceased from behind Witness then
exclaimed to the prisoner unfortunate man what are you
doing - Prisoner then Immediately gave the blow and
witness going to deceased held him in his arms when
deceased exclaimed He has killed me'' Witness i'm
medately perceived that Champagne was yng. Wit
called for assistance but as no one came he went TO
an apothecary for remedy and returning in great
haste found Champagne dead nearly 80. Roger was
then standing the floor of the room in company with
Being asked whether the slap referred to given be-
fore or after Mr. Domgnon had his hands on Roger an
Immediately after the words will have nothing to do
with man who does not act fair Roger had before
said to Champagne. you deserve to be slapped" and
Champagne replied you too much of coward to do
it, The face of Roger appeared very much discolored
after the scnfe and seemed to have been slapped Wit
ness does not know who gave the slap He had said
the examination before the Recorder that he thought the
slap had been given by Champagne but he was not sure
Of it, because he did not see it. He was of the same opin
| ion
Dominique Bianchni sro,nsaid he was in the store 1l2
Chartres st. at the time of the homicide Champagne
said to Roger wish to settle accounts. Mr. Roger
said, very we'll let settle accounts Champagne
produced book and said here your accounts for
which you promised give per cent commissions
Roger answered, do not you ten per cent commits
ont and if you want to get it you may go before JUS
| tice of the peace and get it,
| Champagne then pulled out his purse. and having
handed Roger about six dollars said do not wish to
have thing to do with you because not
fair man. Roger then said to Champagne You de-
serve slap and Champagne replied You will not
give it to me, for you too much of coward They
ting and Champagne COVE Roger slap. Mr. Domgnon
then went up to the parties to separate them and in doing
held Roger only Boyer during the scufe, put his
hands in his pockets After Roger had got hold of the
sword he drew it from its scahbard and struck it
table Roger then rushed upon Champagne and putting
his left arm around his neck gave the stab Champagne
cried out He has killed me- After the blow given,
Roger still holding Champagne by the neck. drew him
seven or eight feet from the place where he had
At thetme of the scu1e Roger had Champagne by the
collar and Champagne gave him slap with his open
hand the face. The slap given during the scut-
e. and before Mr. Domignon attempted separate them.
Witness states this positively.
Mr.. j. L. Fadre s,co1-saw the wound in the breast of
deceased and two bruises his head. Had spent the
previous evening with deceased. and had observed no
bruises on him then
The District Attorney here announced that the testi
mony on the part of the State was concluded.
For the defence no witnesses sworn.
Mr. Souc offered in evidence the testimony in writing
of Dominique Bianchni taken the preliminary exami-
nation before the Recorder Mr. Soulc stated that his
object in introducing this written testimony to show
that the Witness statements in open court differed from
his written statements before the Recorder.
The District Attorney objected to the introduction Of
the written statements of the witness unless they had
correctly set down. and approved and signed by the
. | witness.
ME- reply SAID II was competent IN coun-
sci to lay before the jury calculated TIC
nghten their conscences regarding the subject at issue
and proceeded in speech of ten minutes to give
| for the ground taken
The District Attorney withdrew his opposition to the
introduction of the written statement of Bianehn ant
Mr. Sou proceeded to read it to the jury This CLOSED
| the evidence on the part Of the defence
Mr. VI NJ Reynolds District Attorney proposed to sub
nit the without argument. and gave his reasons 70
so doing.
l Mr. Sout refused and gave his reasons also.
| The Court then declared of an hour.
, | The Court met again at half past six O'Clock.
Hon Seth Barton opened the case for the defence ant
| at II o'clock last night. he was still speaking
Mr. Soe is to get to speak in behalf of the prisoner
is probable the arguments will not close until lat
hour to-day.
TIE SHOOTING CASE ON ST. JOSEPH sT.--ln OH
report of this affair yesterday. unntentiona error
made Sherman is not so badly hurt was repre-
, sented. Ills wounds are not serious. The rumor tina
reached that the of quarrel out Of the
Element of partnership affairs not correct Their
had been family feud between the parties, originating
from another The immediate cause of the diff
Guilty was the insertion Of card in morning paper re
fecting brother of Mr. james Prague, and which
Mr. Sherman thought himself authorized to insert.
We make this correction in order that no injustice ma
4 be done to either party,
). FIRE-Last night about halfpast MINI
O'Clock fire broke out No 40 Chartres street in
house occupied by Mr. Barraud perfumery and fame
store The engines quickly on the spot and fortu
= nataly there was smoke than flame. The damag
done by fire and water considerable and it is though
the stock in the establishment will be total loss
THIRD DIsrRTcr.-.4fray and Stab5ing :
Yesterday afternoon Mr. William H. Wilder had alter
cation in the of the Fifth Justices Court Ely
sian Fields street. with young man named Hernandez
deputy Constable in this court We informed tina
there dispute between the parties about bill
costs in the discussion of which offensive language
l. used blow given by Wilder, whereupon Herman
dez drew knife and stabbed him below the stomach. in
ctirg severe though it is thought not fatal wount
b. GRAND JURY FNDINGs.-The Grand Jur
i yesterday appeared in the First District Court an
through their foreman Mr.. James, made the follown
presentment: State of Louisiana Bertrand Palang
i and Edward Ribpl indictment for preparing con
| bustble materials with intent to burn building.
r NEW ORLEANS MARKETS.
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