New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1860-01-19


steamer Baltic az dangerous and suspicious char
acter was yesterday sent before the First District
Court by Recorder Summers to answer for carry
ing the bowieknfe which was found concealed
on him. in default of bail he was locked up
FIRST DISTRICT corKT. --.J0lge HINT il c.
David, charged with embezziement, was yesterday
dismissed BY nolle Ip,ose},t;.
Martin killen was tried for assault and bat
terry, and found guilty with a recommendation to
mercy.
Joseph I-afsz was tried for stabbing with intent
to murder. and fOund not guilty.
John liannen was tried for breach Of trust and
enlbezNlenent, and found guilty Of cmbezzlement
with a recommendation to mercy
EXAMINATION oF DE. PEeKzToR THE KILLING
OF CHARLES n. HAREIs.-The examination of this
case was resumed yesterday before Recorder
Summers.
The Recorder having, on the prevons day, re-
fused TO receive testimony as TO the circumstances
which occurred the day previous TO the fatal meet
ing between the deceased and the accused and
having taken the matter under adyisement now an
nonnced that upon consultation with the Attorney
General Of the State, and being. aal.sscd by that
officer that all testimony admissible before petit
jury in Criminal Court was admissible before an
examining magistrate, he was ready to hear all the
witnesses which the defense might offer.
The examination then proceeded. Witnesses for
the defense were introduced, and gave their sworn
testimony below. 0nr report is strictly accord
ing to tie testimony orally delivered and taken
down in writing by the Recorder himself, with the
concurrence and approval of the counsel for the
defense.
Geo. %. iStdtlbt1ne-T reside in Madison Parish
Louisiana. am planter, and at present mem
Der of the State Senate from the parishes of Mad
ison and Carroll. On Thursday, tLe 18th, was
going TO my dinner OF the st. Charles Hotel. When
the foot Of the steps which led up into the rs-
tunda, saw man running down the steps with
knife in his hand. When he reached the bottom
he met several persons and asked them to give
him 4 pistol. He remarked, He is a large man,
| Il n
parties at the foot of tic steps, passed on up
When got to the first landing, | saw the man who
had gone down the steps with the knife, (and who
| afterwards proved to be Harris, the deceased,)
start up the steps kept on up, to the front door
| of the rotunda. just NJ the door, Oliver Morgan
Informed me that Mr.. Peck had been shot at or
shot. but he did not say by whom. I asked Mr..
Peck if he wasin this difficulty; he replied he was
! then told him the man was coming up the steps
again, armed but did not see that he was armed
| Mr.. Peek Immediately drew his revolver, and re-
marked '' Gentlemen, stand back He stood for
few minutes with his pistol in his hand and no
one appearing, he returned the pistol to his side
| AT the time gave Mr.. Peck the information, he
| was standing near the stove on the left hand
| side as you enter from the front. He was
| n q position to see Or be seen by any person
coming up the steps, when they arrived at the top
| in the portco. Mr. Peck did not attempt to leave
the rotunda to pursue Mr.. Harris but appeared to
be standing in the attitude Of defence did Mr..
Harris enter the rotunda to pursue or attack any
| one. On Friday, the 18th, about o'clock, had
just entered the rotunda Of the hotel when heard
the report of pistol, and Immediately afterward
| two or three other reports iii quick succession /
got behind the first pillar to the left in the retunda
near the entrance door. The firing then ceased for
| q short time. i looked from behind the pillar
| toward the wine room, whence came the noise OF
| the firing; saw Peck standing from three to six
4 yards from the wine room, and looking toward the
| door Of the room. saw some one, who afterward
| proved to be Harris, the deceased, come to the
| door of the wine room and fire pistol Peck fired
| at him about the same time the reports were
4 almost simultaneous. Harris moved out Of my
| sight. | saw Peck then throw his hand to his
| left side, and move it as If in the act of draw
4 ing a weapon; it seemed hard to draw, and hi
made second pull at it and started to the dool
| of the wine room. As soon as Peck entered
| ran in there too, and when | got in saw Peel
| behind the counter in bending position, will
| his arm elevated and knife in his hand
! called to him by his given name, and said
| Wiley, don't kill him i; he replied, Then come
and take hold Of him. for if let him 60 he will Kill
| me he is trying to draw weapon now
| jumped over the counter and put my hand on Har
ris; he was looking toward me ; asked him if ht
was trying to draw weapon; lie made no answer
| but turned his face down toward the floor; he at
| tempted to raise himself up slightly, and put his
left hand around to his right side; repeated the
| question: Are you trying to draw weapon n
| He replied, Mo- I then said Il hope you arc
not much hurt He answered, 'oh, am Killed; :
1 and as he spoke he fell forward. L immediately
supported his head, and called for some persons tc
| come to my assistance. As soon as put my hand
| on Harris, Peck let go Of him and passed out
| When passed over the counter Harris was in d
| lying position elevated on his right elbow. Peck
had hold OF him, think by the collar or near it
l.saw no weapon i'll Harris hand. One half of the
door leading from the rotunda into the wine room
was closed when Peck entered; the door opens to
| the left rs you enter. have known Mr. Peck six
or seven years He has universally borne the char.
4 acter Of a hgh-toned gentleman. My feelings to-
ward him are OF the warmest character, and those
| feelings have been brought about by his noble
nature; never saw i'll him anything Of cruel OF
revengeful nature.
B,jan,ia T. Payae.--I live in ST. Joseph, Mis-
| souri,. On Thursday, the 12th was sitting in the
| portico Of the St. Charles Hotel conyersing with
Oliver Morgan, when heard the report of pistol
coming out. A few minutes afterwards, saw Mr..
| Harris coming up the steps which lead from the
street to the portieo, with pistol in his right hand
He WAS coming up the left flight of steps as you
approach from the 'front.' When he reached the
head of the steps, he said :" There he is, now,' y
and advanced within three or four steps OF the door
| leading into the rotunda: then he turned and
started down the right hand flight Of steps When
heard him say, There heis now, he did not call
any one's name; his face was toward the rotunda
| when he spoke | had no conversation with Mr..
Peek in relation to what saw and heard, as here
4 mentioned.
Samuel G. Bre,eef.-I live in Holly Springs, Miss
| was in the rotunda Of the st. Charles Hotel on
| Friday, tile 18th, between II and o'clock. WAS
standing at the bill clerks window, on the side
next TO the wine or bar-room, locking obhquey
\ through the window iuta the office. ! had inst
taken that position when heard the report Of fire
arms from behind me, in the direction OF The wine
room. | turned to the right from the window, and
saw large man inst in the act OF firing pistol
4 he did fire it within Il second afterwards; turned
my head and saw it, The report of the first fire
was from behind me, and not in the direction OF
the large man. Tie report Of the shot fired by
| the large man was louder than the first report
which drew my attention. The large man and
| some one else who was behind me, and whom
| could not see, afterwards exchanged shots, almost
| simultaneously. The large man then Advanced
some three or four steps i'll the direction of the
| wine room door, and then stopped. 1t was then
] two or three seconds, when he fired again. He
then moved his hand, il to alter something, aud
passed rapidly towards the wine-room. My occu-
| patton is that of railroad contractor and eulyert
| builder.
| Id,rdfd M Yefger.-I reside in jackson, Mis-
| sissippi On Friday, the 18th, as | was sitting in
the rotunda of the ST. Charles Hotel, my attention
4 was suddenly arrested by the sound Of II pistol
| shot. Immediately turned in the direction OF the
| sound, and saw Col. Peck and Mr. Harris firing at
| each other; they fired almost Immediately my
| eyes rested on them; almostsimutaneOusly. Har.
| rs was inside, or just within the entrance of the
| wine OF bar-roonl, as they fired when first saw
4 them: upon firing, Harris instantly retreated be
| hind the door Of the wine room, but Immediately
returned 10 the same position and fired again, ii
the direction of Col. Peck and Peck fired at hin
| at the same time. Hurris retreated again behint
| the door, and Peck retained his position: aimos
| immediately Harris came to the door again. ant
made effort to fire his pistol, but it did gt