New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-09-23
Total

port from this institution for the "a hours ending at Il
O'Clock Wednesday night 2lst inst.
Admissions 81 Deaths by yellow fever 5
Discharges. q Other diseases.
SECOND DISTRICT PoLIcE.--Two trifing cases
of larceny and few assaults and battery were all that
dsgraced the records of this district yesterday.
SHORT METRE.-Land Forgerty and Stephen
Learvy, found yesterday morning-the one prowling
the house off NJ Brady the Perddo
and St. Mark streets under suspicious circumstances and
the liter for entering the Office Of the Canal Bank
ing Company with felonous ntent-were both exam
ined yesterday before Recorder Winter and committed
to Jail in default of $500 bail each to await their
before the First District Court.
MURDER EXAMINATION. John r. Flemming
was yesterday examined before Recorder winter on
charge of murder, in killing VIM H. Fikins Friday,
the 18th inst The killing took place at Algiers the
opposite side of the river and committed by
q shot from pistol.
The first witness examined the part of the State
VIM Tirre Deputy Coroner who testified to the rocs
vera Of the inquest held the body of the deceased
showing that the death caused by pistol shot wound
| in the right side, above the hip.
DR. Jones' witness for the state, testified follows
1 w H. Flkins after he wouaded, and examined
his wound This was on Friday about TX O'Clock saw
the wound in e side first and Passing my han. his
abdomen, discovered that it gave him great pain The
ball was Immediately under the skin the navel He
opinion of Dr. Dalton and myself that internal organ
had been cut The nestnes did not disturbed 1t
appeared that the ball had around the abdomen
which, when him last, had become much dstended
and very large There internal hemorrhage fall
from great loss of blood felt satisfied he could not
vive and so told his wife. This the succeeding
day.
Dr. J. s. Crockett present and made the
post norton examination the body of W H. Filkins
lie came to his death by hsmorhage resulting from gun
shot wound ball exhibited in Court is the one *
ctpdf n hich gay he ind
Francis Mccormack On last Friday between IL
and O'Clock Mr.. Filkins the deceased, Mr. Gruber
and were walking along together in street in Algers
being in the Observing Filkins and Gruber
halt. looked up and the prisoner MIR. Femmlng,
lie in the act Of rising and had pistol in his hand
which he cooked as he arose spoke to Mr. Femming
and SAID s5ohn don't ;, 40 that He replied He has
tied in court looks like the he used The pistol was
aimed at and followed Filkins in his he
passed As the pistol went off Filkins gave groan put
his hand to his side abdomen and passed around the
corner. Mr.. Flemming then made some remark to the
effect, think that he willing to go to the author
ties told Mr. Gruber to go with him and would help
Fikins up There were high weeds in the direction in
which Fkins moved, and thought he might be there
followed and after passing couple Of hundred yards
and not seeing him. supposed must have passed with
out seeing him. was turning to search when
called out. " Here is the man you are looking for"
went in the direction from nifty to hundred yards
further, and found him lying mattrass which on
Mr. Flemmng now in court is the person who ired the
pistol. Femming about ten fifteen feet from Fill
kus when he fired the pistol No words passed between
Henry W druber, for the State sworn-testihed: Mr.
Fikins, Mr.. Mccormack and myself had been to the
steamboat Red River Agiers to see about repairs on
that boat, When we had got through, all came down
the Levee together way home. This was on Fri
day last, between twelve and o'clock We had got
about thirty or forty yards from the house where em
ming when the mate Of the boat who had down
with stopped and after talking little with Fikins
turned on and LETT US This was IN sight Of the house
nearly abreast Of the house where Flemmng before
saw him, Then, after had made three four PAGES
observed him rise whereupon stopped and turned. Fill
kins was bshind me pace two, and Mccormack was
behind him and little to his right The house where
Flemmng sitting on our right As Flemming
he advanced about step raised his pistol aim
ing It at fhkins FemmipE snake and as he spoke fred
.ao ,urning as Fiemmings' pistol vent off As
soon as the pistol was fred Fkins put his hand to his
words passed between the parties As Flemrng
fired the pistol he drew his knife partially out Of the
asked go the Mayors office with him 1 replied
Let's GO" and started with him On way he re.
marked he had been branded thief and did not care
If he should be hung tomorrow. He explained that he
had drawn his knife because that other MeCormaok
was an inveterate enemy to him When got to the
We went to the Mayors Office Flkins Mccormack and
went over on the Canal Street Ferry about o'clock
that morning, and on the way passed the house from
which, at later hour, Flemming shot Filkins
Mrs Ellen Penrose sworn said Mr. Flemmng had been
at my house from fifteen to twenty minutes before he fired
the pistol.
Thomas Burns for tho State sworn Filkins the de-
ceased and Flemming the accused had been bitter
mics for about two years.
A. q. Jones. for the State, when Filkns made
the declaration of the circumstances of his being wounded
by Femning he knew that he was then in dying state
This declaration to the effect that Flemming shot
him without provocaon and that he had threat
sned the life OF Flenmngl The dying declaration
made to the Deputy Corouer and listened to It, After
fkins had told me that he knew he would die that
he never would get of the bed alive fifteen minutes
elapsed and then he made the declaration He said
femmine had shot him without any words having passed
between them, except that Flemmng at him, or
cursed him
After hearing of the testimony, which very vou-
minous the Recorder committed Flemmug to prison to
await his trial charge of murder-no bail being ad.
Missile.