New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-04-01
NEWS or THE CITY.

NQUEST.-An inquest was held yesterday on
the body Of an unknown man found floating IN
the river opposite McCarty's plantation, Third
District Verdict, g death from drowning.
Deceased appeared to be about 35 years of age,
was respectfully dressed, had black hair and
was slightly bald.
STEALING AT A FIRE.--A warrant was issued
yesterday by Recorder Ramos, of the Second
District, for the arsest Of Mrs Heath, colored
lady, WHO'S charged by John Coggy with having
appropriated to her own use large quantity of
tine wearing apparel which had fallen into her
feionious grasp at the fire on Bienville street
few days ago.
A FUGITryE FROM JusrIoE..-Alphonse Lar
tigue made an affidavit in the Second District
yesterday against one John Mcleod, charging
him with having committed deadly assault
upon George Gilmore, in the Parish Of Plaque
| mines, and then fed from justice after having
given security for his appearance
FIRST DISTRICT CoURT-Judge Robertson
Messrs. Grymes and Barton yesterday COM
menced the argument upon o motion for n news
trial Of VIM Patton for the murder Of Mr..
Walter Turnbull. 1t will probably conclude to-
day.
| RECORDER WINTERS CoURT-FSrst District
Murder Eramiaations.--The examination of
Jerry Osborne, charged with having stabbed
and killed VIM Mocler on Monday last. at the
election held in Mrs. O'Donnelrs coffee house,
came up yesterday, and resulted in the acquit-
| tai of the accused.
| The fact of the killing was established by the
| testimony Of the Coroner, who further testified
| that the weapon, a long clasp knife, which was
said to have been taken from the prisoner at the
| time of his arrest, was stained with blood, and
| fitted the wound, which y, as in the back, near
the right shoulder. and penetrated the lungs.
Capt. Tenbrink testifee that he was present
when Mocler was killed, at about or o'clock
in the afternoon; he was standing near the bal
tot-box when the row commenced, and endeaY-,
ored to get to the spot where Mocler was stand
| ing in the crowd, and when he came near him
| he saw Osborne with an open knife in his hand;
with the assistance Of Mr.. Hays the knife was
secured, and witness saw no more of Mocler at
| the time, but, hearing shortly after that he
had been killed, he went to the Infrmary and
found him dead. From the facts of having seen
the accused in the neighborhood ofMocler with an
open knife in hishand at the time of the disturb
| ance, and OF the wound appearing to correspond
L with the weapon. he soon after caused Osborne
to be arrested. Witness did not observe at the
time himself and Mr.. Hays took Osborne's knife
l whether there was blood upon it; but when he
arrested him, he found blood dried upon the
blade which appeared not to have been there
| any great length of time. The killing of the
other man in the room took place at the same
time. This portion of the testimony was OBJ
4 jected to by the counsel for the defence.
| VIM. R. G. Hays sworn-Says he was present
| at the Seventh Ward polls on the 9th nearly
all day he saw Mocler enter the room, appar-
| emily the leader of q crowd; he saw Osborne
lnear him with an open knife, and making a
great deal of noise; witness and other persons
made him put his knife in his pocket and at
the same time saw deceased some distance
from him, going towards the door on Poydras
49,
time, and had the accused done it witness would
certainly have seen it; the parties could not
have come together afterwards without the
| knowledge of witness; he told Osborne to be
i careful with his knife in crowd like that Off
he had already cut one of his friends fingers.
Officer Newhouse deposed that he saw Moeler
when he entered the room with Others; he cav
Osborne brandishing knife, but did not see
him near deceased; saw the latter 60 out Of the
door on Poydras street with blood running from
his nose, and Osborne was about 20 feet from
him; Mocler fell on the banquette, and was
i taken to the hospital dead.
j. r. Pike sworn, says i was at the polls of
1 the Seventh Precinct on the evening of the 9th
inst, where and when it was said Mocler was
stabbed / was in the room at the time, and
saw Mooler enter from Circus street with some
| 25 or 80 men, armed mostly with clubs. AZ
Mocler entered he made stop, then came in
had weapon in his hand Of some kind, can't
say what it was; he made q second stop near
1 the entrance to the ballot-box, when the crowd
4 in the room closed around him; I Immediately
looked about for Osborne, as l had previously
seen him much excited, and he was Is or 20
feet from Mocler, in the opposite side Of the
room, Osborne got into the crowd after Mocler
had passed from the room, and was not near
him at any time. Tkept my eye on Osborne all
the time as knew him to possess an excitable
disposition.
Several respectable witnesses corroborated
| Mr.. Pixies testimony in every particular.
i Lyman Dodge testified that he was in the
coffee house previous to the ARRAY; Osborne
was much excited and had drawn his knife, and
in trying to take it from him witness received a
severe cut on one of his fingers, the wound
bleeding profusely; the knife in court APP
peared to be the same; this occurred about an
hour before the ARRAY.
This testimony was corroborated by Mr..
Chas. Fl. Noble.
Messrs. Wolfe and Levy appeared for the
Defense
/ Mr.. VIM. A.. Hill who had also been arrested
on the charge Of killing Moeler, was acquitted,
there being no sort of evidence against him and
| one witness swearing positively that he saw
/ Mocer stabbed, and that the man who did it
! bore not the slightest resemblance to accused,
/ either in person or dress
/ The examination of G Holsted, charged with
having, on the morning of the 26th, killed John
/ Mocler, brother to William, by stabbing him in
/ several places, was pos poned until to-day.