New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-12

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The Court decided tI1st II val BEST first 10
identify the prisoner Al the person with whom
| Col. L0ring held the Conversation and he there
fore excluded evidence Of the conversation unsii
| this should be proved
| Mr.. Shepard said it would only affect the
order Of his proof, and wes prccseding 70 o.
anime Mrs. Loring on other points, when
Mr.. OConor submitted to the Court thak IL
would not be proper to go on with the examina-
called
/ The Court would not interfere With tbs dis
cretlon Of the District Attorney in the order Of
lproducing his Witnesses.
Mr.. OConor Ton will, however, hear us
upon the question of recall, when 1t arises
| His Honor. Certainly
| Mr.. Shepard agreed that Mrs Lorine should
stand aside for the present.
| Mr. Whiting required that ALI Witnesses, ex.
cept the one under examination, withdraw from
the court
Mr.. Shepard required that Mr.. Whiting should
write down the names Of the Witnesses he wiahed
excluded
| This Was done, Mr.. Whiting giving . list Of
those he wished excluded, which, however, was
not allowed to be made public. @
The Court suggested that there MonId be diff
hcnity in ordering the Witnesses u withdraw
without naming them
Mr.. Whiting then consented to name them,
when Michael Fay, Margaret Walsh, John Com
ahan, James Anderson and John Norris were
ordered to withdraH.
Joseph Cozzens sworn and examined by Mr.
| Shepard. On the "a Of August last was Sec
ond head waiter at the ST. Nicholss Hotel; I
\ knew the deceased and the prisoner at the bag
4 by sight |; I saw them together between 5 and )
O'Clock on the morning Of the ID of August
g Whereabouts were they A On ne main
1 stair way leading from the dining room
@ At the head or foot of the etairWsy Al
/ At the head Of the stairway. s1sS sss #
/ V lShowing q diagramJ That is repre-
sentation Of the second floor Of the ST. Nicholas
Hotel; this is the stairway ascending to the
second floor. Now Doint ont on the diagram
where Col. Loring and DR.. Graham were stand
ing when you saw them.
/ Witness marked with pencil q point at the
head of the second landing, second floor, ON first
/ hall, as that where the parties STOOD
/ Q Which one of the parties was standing
nearest the center line Of the stairway A.
Dr. Graham was standing toward the center,
\ on the west side
Q. Where was you when you first SAN. them
A. was near the left side Of the stairs.
Q. At what distance were you from them
1 A. think three or four feet
/ @ What took place between these two per
sons! A. had little child by the hand and
was going to pass down the left stairway to the
/ Office; saw the gentlemen on the left stairway
and wanted to avoid them; saw nothing par
ticular at first, but after giving the child to the
nurse saw that the gentlemen we're speaking
in o louder tone than when I first saw them &
heard one gentleman say something about ladies'
/ @. Which was that A. Col. Loring
| g. What did Col. Loring say a. What i
heard say was there we're some ladies or d lady
there; then the gentleman nearest me (Dr
Graham) said, You he" and raised up q
cane.
1 @ Showing a white cane with bone handle
and sword. Is that the camel Al recog-
nize that by the color to BE- the cane Col. Lo-
trng put up his hands and said to DIR. Graham
1" Stand of, Sirlp then the two gentlemen
closed in together; they went back . few PAGES.
and Col. Loring said, !" / am stabbed - they
jostled together for few moments and then sep
arated; after Col Loring exclaimed out he was
| stabbed, DIR. Graham then let go Of him Col.
Loring staggered, went few PAGES, and fslf
i upon his face, gentlemen; he gave groan, ike
man struggling or choking; Mr.. Rogers, 9
gentleman who superintends in the house, was
/ coming towards me; he said, g DIR. Graham,
you have killed the man" DR.. Graham re-
| piled, g Oh, no!n Then saw that weapon in
| the. Doctors hand, and went away into tho
dining-room
Q. Did yen notice whether any blows were
struck before the ssabbing took place al
There were no blows given
i @, You spoke of DR.. Graham having held of
Col. Loring. At what period was that
Mr.. o'Conor objected to the question as lead
ing.
Question repeated.
Mr.. GConor. did not hear the witness say
at any time that DIR. Graham took hold of Col
Loring. He said they closed together
Q. At what period Of the difficulty was it that
DR.. Graham took hold of Col Loring
Objected to, and ruled out as leading.
@. Which one of the gentlemen first took hold
Of the other' A. DR.. Graham.
II Q. Now at what period of the difficulty was
it that Dr. Graham took hold Of Col. Loring 2
A. Well, the tussel was 80 quick, all in a mo
ment, they had not gone further than from here
to the desk, when Col. Loring said, 6 am
stabbtd.,,
4 @. Was it before or after DIR, Graham called
Col. Loring liar. that DR.. Graham took hold
Of Col. Loring? al. 1t was after.
4 @. Willyou with the cane show the attitude
in which DIR. Graham stoods a. This way lin
4 his right hand-a left guard.
4 Q. We're there any persons there! A. There
were several--two males. One of them goes by
the name of ss Gen. Scott = do not know his
other name; the name of the other, man Was
Patrick There were no other males that saw
except Mr.. Rogers; there might have been
others whom did not see. 3
i O. Did you see the Doctor draw the sword
camel A. saw them struggling; did not see
the sword of the sword cane until the Colonel
had fallen on the floor. "
4 O. Can you tell the position of the parties
relatively to each other at the time Col. Loring
was stabbed by Drs Graham
Mr. O'Conor objected to mentioning the mat
ter of the prisoner having stabbed the deceased
in connection with every question. Itwas lead
ing to say the least Of il, and tended to preju-
dice tho case,
Mr.. Shepard replied that the fact had been
proved by the witness, and was not assumed
O. Will you state with which Of his hands Dr.
; Graham took hold of Col Loring' A, The
: tussle was SO quick could not tell which hand
. he took hold with first. s4 ! sa stf
@, Will you state what was the attitude Of
J Col Loring at the time he was taken hold off
a. He was standing upright, straight. ea
@ In what position were his handss A.
Stretched out from him ut the commencement.
@ What was the attitude of Col, Loring
at the time DR.. Graham took hold of him A.
He was standing up, and thought he wanted to
retreat. IA M
Witness stood up to explain the position Of the
parties, and said Col Loring was going back
MI the time His handa we're stretched out at
FIRST until they closed in together and could not
tell which took hold first.
! Q Now, will you tell the position Of Col.
Loring when he was passing back A. He
rather stopped Dr. Graham was close up to
i'm /; according as the Colonel retreated, the
Doctor followed up.
| Cross-examined by Mr. Whiting. have lived