Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-02-23
LOCAL NEWS.
The Outrage Upon Little Octavie Rosseau.
RR. EXAMINATION OF JOHN F. LUsBY ON THE
CHARGE OF BRING THE PERPETRAToR.


Yesterd ay afternoon John +. Lusby, whose
the charge Of being the perpetrator Of the her.
rlble outra &c upon the person of little Octavie
Rosseau, on the oath of November last, which
resulted in her death, has been noticed, was
before Justice Kinsey, for preliminary ex-
animation. Quite crowd Of persons were
present anxious to hear what new evidence
might be developed in this extraordinary case.
Messrs. Wharton and J. II. Johnson appeared
for the prosecution, and Messrs. J. II. Bradley,
Jr and W. Y. Fendall for the accused.
The first witness called was DR.. Charles W.
sworn, testified that he was called to see the
deceased the morning after the occurrence, and
found her lacerated. Witness was of the
opinion when he first saw her that she would
not recover.
The counsel for the prosecution asked what
was the nature of the conversation he had with
her, which was objected to by the defense, and
the Justice decided that the question was in
admissible.
Dr. Ford continued, stating that the child
died from the effect Of the injuries received.
oner few days afterwards-it might have
been ten from the time the deed was commit
ted-and he did not discover that there had
been any laceradon or chatting OF the prison.
George ". Alexander was called for the pros
ecution and sworn, when the question was
raised as to the admission OF his testimony by
the accused, and the counsel asked If he was
not the person indicted for stealing postage
stamps from the department.
Counsel tor the prosecution objected, but the
witness expressing a wish to ans wer, he was
allowed to proceed.
Mr. Alexander.--I am not the person indicted
for stealing postage stamps, but am the person
indicted as being accessory to the abstraction
OF stamps from the Post Office Department
Witness, in answer to questions, proceeded
to state that while the prisoner was being ex.
amined before vudge Fisher on the habeas
corpus, he had several conversations with him
at the Jail in relation to the transaction. Wit.
ness and prisoner were both confined in one
cell at the Jail, with others, and naturally they
were charged, and the probable conseG uences
of the trial Lusby, after returning to Jail, the
first day OF the examination, was asked the
result Of it, add ne went on to state that MI
case, and he supposed Mr.. Woods testimony
would convict HIM of the offense, but that MIR.
Bradley had informed him that Mr.. Wood was
an infldel, and his evidence would conse-
quently be ruled out Witness did not know
whether he asked Lusby or not, bat Lusby
went on and said he supposed that he had
committed the act; that he was so intoxicated
at the time that he did not know where he was
or what he was doing. He stated further that
he could never show his face in Washington
again if he was released, on account Of the dis.
grace which attached to the transaction.
BY the prosecution Did he say anything
about having mania for such things!
Witness.-He went ON to describe
The accused here raised an objection, and the
question was Withdrawn.
Witness-I wish it to be distinctly under
stood that am reluctant witness, and
would like the counsel to ask questions, and
not require me to give an uninterrupted state
ment
conversations between the accused and HIM
self on the gu bject-to the best OF his knowl-
edge and belief, he did not swear to anything
positively. Witness did not give him any in.
ducement to make the statement.
By the Presec ution-Have you made writ
ten affidavit any day this week.. Objected to,
and objection sustained.
By the Prosecution.-Have you been called
upon by the friends or relatives of the accused
to know If you could give testimony in this
case
Witness.-No, 1 have not personally.
Witness went to a friend and asked him to
60 to the friends OF Lusby and have the case
postponed, lgasmuch as it had been set for
Saturday last, tor the purpose of giving him
(witness) time 70 arrange Nis business and
leave the city, because he was so reluctant to
be witness in the case.
Why are you so reluctant to give testimony!
Witness. -1st Because the acknowledge.
ments that the prisoner made to me were made
as one prisoner would to a fellow prisoner;
and I'd, because of the publicity which would
be given to any evidence in the case.
Lusby stated to witness that the blood on
his clothing was from his wife's monthly
courses
Gross examined There were several pris-
Oners present at the time of the con yersations-
Jas. Rodgers and Charles Watson, and perhaps
another one Witness has learned that
Rodgers and Watson are in the Albany Peni-
tertiary. Witness never heard Lusby say that
II he thought he was guilty he would blow
his brains out.
Witness first made the statement to Mr.. Ross
one of the guards at the jail made an affidavit
of the facts last Monday. Witness had not
been promised portion of fIthe reward if he
would give evidence nor did he expect por-
ton; he told other parties of the conversation,
ness first saw Mr.. Allen day or two before
the arrest. Mr.. Ross came to the Globe office
when he was at work and called him out
saying he had friend, and when he reached
the landing Mr Allen was there. Mr.. Ross
asked him TO repeat the conversation he had
with Lusby, and he did so. Witness knows
Mr.. Ben. Beveridge, but declined to state
whether he had told him. Without admitting
that he told Beveridge, he would say that he
did not tell any one previous to the arrest Of
conversations except Messrs. Ross, Allen and
Wise. He was stating from the best of his
knowledge and belief and not as actual fact.
By accused-Did not you make proposition
to one Of the Lusby's to leave the city if he Of.
tered inducements enough
Witness-NO sir, nor ever made PROPOSE
ton to any OF the Lusby family, nor author
lied any one to make proposltlon
Did not you send communication to Mr.
Beveridge, or authorize him to let Mr.. Lusby's
friends know that you would leave town but
could not afford it!
Witness-No sir, not in those terms. 1t was
unjust and unfair to question HIM IN this man.
ner, but inasmuch as it was out new he was
going to tell all. He was very 10th to appear
as witness, and regretted it very much.
When MIR: Allen first told him OF the arrest OF
Lusby on Thursday or Friday night last, In
KIoman's, he was as much shocked to hear as
the prisoner could have been when he was ar
rested, because he knew that he would be re-
quired to be witness. He went to Mr.. Bever-
idge and wanted him to get the friends Of the
prisoner to have the examination STAYED on
Mr. Beveridge was about leaving for
Philadelphia, and he asked witness to
60 ana see Mr.. Lnsby's brother and
request him to have the examination
postponed until he IBeveridge) returned from
Philadelphia. Witness went to MI. w. II.
Lusby and made the request, and he PROM
ised that he would. This he did for the pur.
pose of getting out Of the way himself, and
he (witness) neither asked nor offered any In.
ducement. nor did he tell his name, although
Mr.. Lusby asked it. He might have stated
that if the case was STAYED off that there would
be nothing OF it. Witness intention was not
to appear before the grand jury what he
witness; had done was In good faith, but what
Lusby had done was in bad faith
Why did you write a note to officer Allen
after the arrest telling him that Won were poino