New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-05-22

NE VS. OF 1H-B CHI Y.

L.. N-EN VS. or THE CIT z. n
FATAL AcorDENT.--On Saturday afternoon
| at about five o'clock little girl, daughter Of
Mr.. Dedtsche, o tailor on st. Charles street,
| was instantly killed on the new jackson street
railroad. 1t appears that number Of children,
belonging in that neighborhood, were amusing
themselves by pushing an empty car back and
forth along the track, and this little girl by some
mischance stumbled and fell upon the rail, 1.-The
car passing over and crushing her body so
severely that death ,ensued in q short time.
SHOOTING AFFRAY.-On Saturday last q row
occurred near the corner of Suzette and Tchoupi-
| toulas streets, which resulted in two persons
| being shot in such manner as to render their
recovery doubtful. The ARRAY appears to have
had its origin in difficulty that occurred on
| the previous day between man in the employ
OF solomon Moses, o carpenter, at the corner Of
Suzette and Tehoupitoulas streets, and num-
bersof men, Irishmen we are told, in which the
former was badly beaten. When Mr. Moses
returned to the shop on Saturday morning, he
| was naturally indignant at what lad occurred,
and INDUCED in some rather loud talk and se-
we're threats. This brought down upon him the
wrath Of the riotous crowd, and he was attacked
short time after by great number of persons,
who used brickbats and other missiles of that
| character. Mr.. Moses drew revolver and fred
upon the crowd several times, shooting man
named Lippy in the neck, and another named
David Cunningham in the back. Moses then
pafrn tad ok -,
Magazine street, tie crowd in fierce pursuit and
firing several shots at him during his flight
He made his way to the roof and kept his assail-
ants at bay, firing at them several times, and
being fired at in turn. A police force finally
reached the spot and arrested Moses, together
with several Of the rufians who had been most
active in attempting to demolish him.
While conveying Moses to the police Jail, it
was with the utmost difficulty the officers with
stood the fury Of the crowd, in their efforts to
get possession of him. He was required 70 give
$1,000 security for his appearance and two
men named Caffrey and Coyle, ringleaders in
the disturbance, we're also required to give bail,
Caffrey in the sum of $500, and Coyle $3.50.
FIRST DISTRICT CouRT--Jitdge Robertson.
Trial .fos, yMarder.-The trial of John g..
Fleming, on an indictment for the murder of
VIM. II. Filkins, at Algiers, on the 18th Of
September last, took place before this Court on
Saturday. We copy from yesterdays True
Delta the most importanto of the testimony:
Deputy Coroner Terrell who held the inquest on the
body OF the deceased, established the corpus dect and
certified to the correctness of the process uerJat
DR.. Jones deposed that the deceased died of pistol
shot wound on the right side above the hip The ball
entered behind the middle of the side and ranged for
ward showing that the person who fired the pistol was
standing partly behind the deceased when the was
fired The ball was found little above and the left
Of the navel under the skin The facts estab-
Mrs. Fkins testified that the deceased after he had
made his will and when he knew that he was about to
that he had done SO without the slightest proyocaton
his part This declaration made in the presence of
Mr.. Terrell, the Deputy Coroner.
Mr.. Gruber sWern-}n the 18th of September last Mr.
Eikns Mccormack and myself visited Agiers to see
about the repairs Of steamboat When returning,
the prisoner sitting beside house. and as passed
him be arose as he arising he muttered something
and pistol in his hand He stepped forward one
pace, and discharged it at Fkins Fkins stopped and
turned towards the river as he Fleming rising.
Filkns said nothing to Fleming, about him After
Fleming fired the pistol he in part drew knife from Its
sheath and then resheathed it, saw weapon about
Filkns He had been working with ali day without
coat. He put on his coat when started 10 go to
Agsrs The pistol in Court looks like the used by
Fleming, 1t was given to me by him as came with
him across the river way to the police Office wit
ness pointed on plan, or map the situation Of all
the parties present when the fatal shot fred1
Mccormack, who also With the deceased at the
time he was shot and who gave his testimony the
trial before Judge Larue (Which trial. it will be reme-
bered was interrupted after oil the witnesses
amined. on account of attempt the part of one
Of Jennings indiacreek friends to bride Juror
present and his testimony, which very mpor-
tant, had to be dispensed with.
Mrs. Peterson who resides at Algiers deposed that
Filkns taken to her house after he shot She
saw his wound examined There were weapons on his
person.
Mr. Sharp deposed that just after the fatal shot was
fired Fkins turned round corner where he (witpessl
sitting, and rushed his arms When asked what
was the matter he answered that he had been by
that man, John G. Fleming, and at the game time he
pointed TO the accused He had watch in his pocket
rule, and small sum of money, but weapons. got
skitf and with the aid of another man, brought him
across the river. have known him for some time
The prosecution here rested their case and Messrs
Roselius and Hunt who conducted the defence asked
that the accused be permitted to make
facts before the jury Though the proceeding Was
what informal the Court and State Attorneys agreed to
it. and the prisoner read long well written and argu
mentatVe address which had been prepared either nv
himself of his friends In this address stated
that he the city in 1s49 which he be-
came acquainted with Filkins. Once when he was in
need he borrowed $40 from him. and afterwards purchased
lumber from him on several occasions In settling for
this lumber he found in the which after
occasional words led eventually to general quarrel
Filkns then he alleged maigned him reported that he
was thief and fugitive from Justice and caused him to
lose several situations He then instituted suit for
der against Fikns in the Third District Court laying his
damages at $4,000.
Afterwards Fkins got slanderous aidavits deposit
tons made against him by disrepuabe parties and had
them published in pamphlet form for circulation He
also threatened to kill him the first time he saw him
doaded to madness by these SANDERS being in fear in
consequence of these threats he met him and shot him
Ills act be considered, of sefdefence aad he
asked for nothing but simple justice.
copy Of the pamphlet published by Fkins was then
submitted to show the character Of the provocaton which
the prisoner had received at the hands Of deceased.
Several witnesses were then examined, whose
testimony went to show that Fleming had re-
| ceiVed strong provocation from Filkins, and that
his life had frequently been threatened by him
The case was submitted to the jury about
half-past five o'clock, and in an hour afterwards
verdict of "not guilty" was rendered
Sentenees,-Thos Fey, alias Camille, f. M c.,
an assault with dangerous weapon, was sem
fenced on Saturday last to three months in the
Parish Prison, and 500 fine and costs of court.
Jack Hughes, assault and battery, one month
in the Parish Prison, and $40 fine and costs of
court e
James Murphy, assault and battery, twenty.
four hours in the Parish Prison, and $40 fine
and costs of court
PROFESSOR HENRY DE- MARsAN-The mathod