Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-10-10
The Outrage on Little Octavie Rousseau.
TRIAL OF LUsBY

This morning, the trial of John r. Lusby,
indicted for the murder Of and rape upon the
person Of little Octavie Rousseau, on the night
the 18th Of November last CThanksgiving
night which occurrence created, il will be
remembered, so much excitement at the time
was commenced in the Criminal Court Judge
Wylie presiding; Assistant District Attorney
Wilson and 5. L. Phillips prosecuting, and
Messrs J. II. Bradley, jr-, and w. Y. Fendall,
for defense.
The fact of the trial not being generally
known, there is not much of q crowd present
to-day
A few minutes after ten o'clock the prisoner
was brought into court and arraigned, when he
plead not guilty to the Indictment.
The names Of the jurors Were drawn from a
hat, and were called by the CLERK, and each in
turn questioned by the Judge to having
innocence OF the prisoner, or having conscien-
uous scruples.
The first name drawn was that of Nimrod
Garrettson, and he was sworn on his rOir dire
Judge Wylie decided that the questions put
to the juror were the only competent ones; a
question as bias not being proper.
MIR. Garrettson having answered the ques-
ton was challenged by the defense. Butler
Baker, challenged. Edward Decide was ac-
cepted and sworn. Thomas +. Jacobs, chaI-
lenged. Francis Ballenger had formed and
formed and expressed an opinion. Donald
McCathron had formed and expressed an opin-
ion. Henry Thorn. challenged. Thomas HI.
Barron had formed an opinion. John Ball,
challenged. Frederick Meyer, John L. Fow-
Ter, Jedediah Cuttings, Edw'd Cammack and
John Robinson had formed opinions. w. H.
Langley, challenged. A. ID. Harmon, accepted
and sworn. S. Herbert, formed an opinion.
Thomas A. Tolson, do. Chas. A. Perkins, do
Michael X. Coombs, challenged. Charles w
Petit, do. Richard G. Ross, formed an opin-
ion. VIM. O'Neal, do. John ScriveRer had
formed no settled opinion, but had remarked
when he read the report Of the habeas corpus
before Judge Fisher that the Judge was right
The prosecution here asked if il was in THAR
power to challenge a Juryman.
Judge Wylie here remarked that upon con-
sideration he had decided 70 ask the jurors if
they had any prejudice or bias for or against
the prisoner, and the two accepted Jurors
Messrs. Harmon and Decide, Were called, and
answered in the negative.
Mr.. Wilson read an extract from the act of
March Sd, 1865, in regard to challenging
Judge Wylie replied that he had had the act
in question once before him, and he decided
the act did not apply to this court.
Mr.. Fendall said he supposed under the ruling
Mr.. Scrivener would be sworn.
Mr.. Wilson raised another question whether
MI Scrivener was or was not one OF those reg
ularly drawn from the box as prescribed by
the act of Congress, or was ne one OF those
summoned by the Marshal TO MI the regular
panel.
Judge Wylie replied that Mr.. S. had been
summoned BY the Marshal. LA
Amer some further discussion Judge Wylie
said he was under the opinion that the original
twenty six constituted tne panel from which
substituted for the original names should not
have been called.
MI. Fendall remarked that IL of those who
had been called were not on the original panel
and of those challenged were talismen.
The Court here set aside all the proceedings
in the case and discharged the two sworn for
the reason that they were not on the original
panel, and also decided that Mr. Scrivener
should not be sworn, because he was not on
the original panel.
The counsel for the accused took a bill Of ex-
captions to the ruling of the Court
The Clerk, Mr.. Middleton, was ordered to
place the names Of the original twenty-six III
the hat and draw therefrom, when they were
drawn as follows Edward Cammack had
formed an opinion; Butler Baker, accepted and
sworn; Andrew Jackson, J. T. Parker, An
drew Noer, Geo. Rhinehardt absent, having