Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-10-17
LOCAL NEWS.
The Outrage on Little Octavie Rousseau,

| CRIMINAL COURT, Judge Wyiie-The trial OF
John 4. Lusby was resumed this morning,
when Charles d. Watson was called for the
prosecution.
The defense objected to this witness, on the
ground that he was, at the December term OF
the court last year, convicted Of larceny, and
sentenced 10 the Albany penitentiary.
Mr. Wilson produced a certified copy, from
the State Department, of the pardon Of the wit
wItness,) dated on the 18th of September.
| The Court directed the witness to be sworn
Watson testified that in December last was in
the jail, and saw Lusby at the time. Witness
here identified the prisoner.l Witness had no
private conversation with Lusby in the IaiI.
The first night Lusby came in Alexander asked
him what be was in for, and he replied that il
was something about little girl killed some
| time previously; and he stated they did not
| know who done il, and never would. A day
| or two after another conversation took place
when Lusby spoke about blood being on his
| shirt, and said il must have come from his
wife, as he wore the shirt only during the
shop at the Navy Yard, which accounted for
his clothes being smutty. He said he had come
| up for a hearing. When he came back to Jail
| he said the blood had been analyzed and il
| was said TO be a mules blood, or a strong an
imars. Subsequently he got TO speaking about
| the blood, and said il must have come from his
nose. as he had been drinking, and his nose
was bleeding, his face being bloody when he
| got home.
Recommendations came here in Oc
tober last, and was at the ambulance park %
| days before he was sent TO jail Witness be-
| fore had been in the rebel army. Lusby came
10 Jail after shutdown. Alexander and Rod
gers were IN the same cell Witness came from
| Albany with Rodgers, in company with Mr.
| Wise and another person, but did not know
| his name. Witness identified Mr.. Allen when
| brought before him. Witness and Rodgers
| were taken TO a hotel when they arrived here
| but did not pay board. Witness has seen Alex
| ander three times since he came from Albany
| what he was being brought here for Witness
| was not told that he had been pardoned SO that
be could testify in this case, but be expected to
come here, because he did not think he would
| have been pardoned if he knew nothing about
| II. Witness was visited in Albany, and told
| the man what he knew when he said thew
| wanted him for witness. Rodgers took part
| in the conversation when they got ont of the
| penitentiary.
| BY the observation-disclosures was formally
summoned by Mr.. Wise on the boat at Al
bany.
AR. Allen sworn for the pros ecution. Wit
ness Is detective officer and knows the pris-
oner. Witness made oath to the warrant on in
formation received, and went with MIR. Wise
10 virginia To camp about two miles from
Alexandria, where they caused his arrest nv
the military. This was about the 14th of Feb
ruary last Witness heard the prisoner saw To
Mr.. Wise as he was being carried TO Jail that
what Alexander testified to was a lie but thai
whatever Rodgers and Watson would testify
| TO would be right Ithad been stated previoss-
| ly that they We're in the Albany penitentiarv.
Cross-e1amlned.-WItn thinks that Mr.
Dom sent word to him and Dir. Wise, and
they went down and took him from the slave
pen. Witness did not know, when ne left
Washington, to what regiment Lusby was
attached. nor where he could be found Wit
ness knows that he did not bring Louisa and
Emma lngle to Justice Kinsey's when the
prisoner was being tried. Mr.. johnson repre-
sented the United States in the case, and wit
ness thinks that he volunteered. Witness has
taken an active part in getting up testimony
and summoning the witnesses. Mr.. Wise. with
witness, brought the two witnesses from the
Albany penitentiary. Witness saw them pre-
ylously, about two months ago, and had a con-
yersation with them in the presence Of a guard
Witness went to Albany with the convicts, and
asked for these two men, and Mr.. Pillsbury
gave him permission. Witness thinks Mr.
Duvall was present Mr.. Fayman may have
been present Witness did not converse with
these men until they had got their pardon, as
to the evidence they Were to give. Witness
took them to a hotel when they arrived. Wit
ness summoned Mr.. Alexander as he was going
to Albany Witness had two conversations
with the prisoners, one at the penitentiary and
another coming on, somewhere this side of New
YORK Witness never heard of reward being
offered, but went 10 the Mayor 10 see about who
was TO pay the expenses, and asked him if he
would pay his expenses. The Mayor said that
he would see that his expenses were paid
L witness may have suggested To the Mayor the
| proprlety OF offering reward, but does not re-
| member it, Witness never applied TO the Coun-
ellis for reward, but in a conversation with
| Mr. Lloyd witness was told that the Council
| had passed a bill offering a reward, but the
Mayor had not signed il, but as he had not re-
turned IT, IT was law When witness first
L
| him any information. The interviews were
with the prisoners separately. Witness does
not recollect that he said to Mr.. Fayman that
| they (the prisoners) knew nothing
By the Prosecution:-Witness never held ont
| any Inducement to Watson and Rodgers or any
one else. They did not know that they were
pardoned until twenty minutes before they
were brought out.
James l.. Rodgers was called for the prosecu-
ton, when the same objection was made as in
| the case of Watson Witness was i'm iaiI in
December last, and had a short acquaintance
| with Lusby In the Jail. Recollects the time be
came in. Witness and the prisoner had a con-
versation in the passage after Lusby had had
"a examination. Lusby said they Were uneasy
about his case, and witness asked about the
charges, when he replied, About the death of
| that little girl 7 They don't know who done
| it, and never will find out who done it," Wit
ness asked, " Did you do il % when he made a
| short pause and said, Yes. L did; but they
| will never find it out. You will not say any-
| thing about it," Nothing further was said that
day. but on the following day he spoke of being
| between his house and the Baltimore depot,
| and said he lost his ring in an alley but did
| not know where il was, for he had been on a
| drunk for several days; that he went TO get
some one 20 hunt it, and got this little girl who
was playing around her fathers yard gate
| He asked her 10 go and help him hunt, and she
| said she would, and they went together but
could not find it in the alley. He said the
| streets and alleys were very muddy, because
l IL had been raining several days. This is all
that passed that day. The following day they
were sitting together, when he said, Is Don't
II y
The Court here instructed the witness to
| avoid everything except as to what was con-
| nected with the case.
Witness stated that he never told him any
| thing further in regard to the deceased
Gross Recommendations resided in Hagers-
town before he came here; was previously in
| Louisiana came here in May, 1864, and was
| arrested in November, 1864. Witness never
| saw the prisoner before he came to the Jail;
| had this conversation after Lusby had his first
| hearing the same day in the afternoon. Wit
| ness had three con versations with the prisoner
| about the charge. Witness left the Jail for
Albany IN January; never had any converse
| ton with Mr.. Allen or Watson, either in the
penitennary or on the way. Witness thinks
| he arrived here on the ID or Sd OF this month,
and with Watson went to q hotel. Met Alex
aRder the next morning, and went to magis-
| trate's Office Witness had not learned that he
1 had been pardoned up to this time, but knew
that he was obliged tn be pardoned before he
| could testify Had not con versed with Wat
son since he had been on the stand, in regard
to this case. The conversations he had testi.
| fed to took place on the corridor-the first at
| the end, and the other two as they were walk
| ing up and down. Watson was not present