New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-14
& II q D EFENoE /.

= u ~ ~ r. Il II N U ~
ME-. a. Q. Hall opened the case for the de.
fence, hs follows
ltaFea idss and Gentlemen or the Jury
Ihs Fesponsibility of appearing in capital
case 81 tbs kind whether for the prosecution Of
zae as1snee, Y q duty neither To be courted nor
60 pc summed say neither for the prosecn.
ton nor for the defence We are here in the in
\ 4eafig atlon of trnth--the illustration and not
tne, ehmin alton of truth. One spirit actuates
+ noth me prose 9tion las We feel here today Il
aoes} ana me defence, and that feeling IL Fl the
Words 4 hava just nsea--ths illustration If
truth, and not it's elimination In that spirit
~ Are bound Ia ,concele that the prosecution
+ nAse a far conducted their case and unfolded
sneiI merry and you, gentlemen Of the Jury,
Aeea NOT De assured, as you must have alreatiy
seen e Indicated BY the progress Of the evidence
y m TINS cases that the same course of iuty ana
kne Same feeling has actuated the counsel for
tlie defence 81 myself being yery humble
party ~ this investing gentlemen. have fail
xery much therespo ility. slight as mine NAV
( ees 1be responsibility of any counsel Ia preaf.
Eng now Ianch greater that Of yours, to which
4 81 naay come presently 10 advert; and the y.ry
alssusslon Fhlch We have just had this after.
81 81 to the practice of prosecution Or
snS she llte or death of those who are arraiyn oil
e honrt. suggests ~ my mind glancing back
- sne history Of cases Of this &ind, whether
y zta1 or lerwiHe, not many years aro for
y: = = noe many years ago when prisoner stood
A. ssoaFt without COUNSEL and more than that
~ ceaa not have his counsel; while nj the
sszne TINT the crown as it was called in those
w y was represented By the most eloquent ad
sSsases "a me world The crown had every op
allerdea itself Of preparation-it had
every incentive toward prosecution In these
Jays, thank God il il not so. !, -
s. ON, no prosecution becomes persecution
mere was time when there could have arisen
no dispute whether the defence were entitled d
snaHe the naines of the witnesses given to them
pf when the names of the Witnesses were given
e e then whether they should be called, because
snsrs vas positive prohibition; and the defen
{ ea.ae sans into court very often upon the day
ssu as the crime for which he was ar.
~ n and was atndiously kept in ignorance
s ~ n M,ltnessess however important they might
Pc, until they came upon lie stand Time went
on, and, ns N other things, 50 81 that. Time
Smeli0rated the hard rules Of soc,etv and ms.
tisps ana the prisoner was allowed I'd know n
certain time bsfore his trial the ps,nes ~ 10
Witnesses who would BIO called against him
and he was allowed to have counsel to stand H.
Sisae end advise him. but not to open M nonsb
against the eloquenee Of the. District Attorney
oE Qf the Attorney General for the Grown. as hs
NEE ea1lea IN those days The prisoner mob,
ssay whathe pleased Time went on, and fhe
raie Eas still more ameliorated, and by the side
~ me prisoner counsel might stand and argue
: the questions q law which might be presented
Y shs case, bnt be could not sum up the facts
and present them 70 the jury. Finally, how.
eyer, as i il now, tho counsel took the place 81
taIo client IN every respeet He was allowed L
enter izta the feelings Of the client, as an hon,
oFs bic nan might, He Was, in every respect
s the mouth piece Of his client. It Nas his duty