New Orleans daily crescent., 1866-11-10


street; that the witness purs, led him half way
across Seventh street but absndo ned the chase as
hopeless and, Immediately retarnih to the scene
Of the fight found Weitzer there alon e. who said
/ he had been cut, and witness and Pol. zee Officer
Landry assisted him to walk to his hone few
squares off. Kresfg saw no weapon V. 1atever
used by WeibeIl. Kresig's evidence was con
sistent with itself, but very inconsh'teu ut
with the testimony Of all the other wftaesses i'm
regard to the nature Of the fight at the vacant lot
and its origin. The great preponderance Of evi-
dence went to show that sweitzer and hrs party
were the assaiants, commencing with an attack
upon ZiTnmermanny and, almost simultaneously
With this attack, the party Of Weibell, Wolfe and
Werner were struck, and the consequence Was d
general row. There was evidence to show that
Weitzsr and his companions, KFesig included,
were gDeatIy under the Influence Of liquor, ana
that abeHt the close of the row he was seen pur~
suing some man in the direction Of the coffee
house.
Just as the row was over and the crowd dis
persfng officers Mcintyre and Landry came up.
Sweitzer informed them that he was cut, but spon
being asked who did Il, said he did not know. In
company with officer Landry, on the way to his
laane, he repeated that he did not know who Fad
do,te it, He died from the effects Of the wound
Oh the following Thursday. Meantime WeibsH
ami Werner Ilad been arrested. Each was suc-
cesHiyely brought into his presence. he said
We55eH had straek him. but he could not say
whether he was cut by Weibell or by Werner
Weibeii, on the spot, denied having either struck
/ him or cut him. And here it may be added, en-
pdssds9t, that the Acknowledgement III drawing up
This hAl Of indictment had included Wolfe and
| Werner, with WefBeIl, in the charge Of murder,
/ 4Ite=ty
young woman named Louisa Myers who tes-
tiled before Recorder yennal1, fand was also
before thesGzand Jury j that she saw Weibe1 cut
the deceased and was standing within six feet Of
them at the tiEae was placed on the stand yester-
dag as witness for tie State The defense OBJ
iectedto her evidence on the ground that she Tas
i Of GElsound mind, and an examination satisfying
the court thatthe objection was properly made,
/ her testimony was ruled out. She il seemingly
about twenty years of age but had no itea of the
obligations Of oath, Of future punishment. OF
Of any law against perjury. Her answers to the
questions put to her clearly showed q feebleuess
Of mind bordering apon idiecy.
The resume of the testimony is completed by
adding that the police, hearing of the alteration
at the eofeehoase, Between, Shea an9F deceased,
sought 70 arrest Saea that Sunday night and
searchedth his house bat could not find hin. The
honse was watched that night.by the police, the
following night and the next night again, but moth
ing was seen of him tken, ana although he had q
wife and several children, he has never been seen
in the city since 1t stated N court yesterday
that he is-now in MatanOros.
An exesilent character wa5 given By several
respectable witnesses, to Weibell He served
d lonorably in the Confederate army during the
whole war. He vas before the war and after it,
ployers testified to his honesty aB rnimpeaohable,
and that he was never known indulge in liquor,
or be engaged in Broils o. difficulties.
It The evidence .aslt heard, the attorney. general
proposed to sub1ait the case without argument,
6 but counsel for the defense deemed it duty to
their client TO review the evidence, and show to
the jury the, imprebahility of lie homicide hav-
ing been committed by him. Both gentlemen
addressed the jury, imPressing upon them that
. some other. persoa. than WeibeII must have
u inflicted the wound, end that tho circumstances
y pointed to, Shea as, the person, who, having
J been provoked and hunted by The. deceased and
g his companions jussfah5y turned upon hisassaiE-
u ant, but, afraid of the consequences had un-
- necessarily fed.
il The jury, having seen instructed by the court
. to the law relating to homicide and the rules
l. by which evidence was to be considered, they
e retired and in five inmates returned with ver-
N dict of 'snot guilty. whereup0n the prisoner
e. was discharged from custody and was warmly
u congratulated by his friends.
Ia The following parties we're auaigned yesterday,
J. and pleaded not gniltF:
q J. L. Bennett, Games Farrell, James L. Pardy,
alias J. G. Jordan and Peter Cook, each charged
with a separate forgery; Annie Page and G
: Lafon, accused Of forgery E. s. Hartly and Tony
|
:. ment and John Coffee and Ellen Smith, separately
. Informed against for knowingly receiving stoler
g property.
a =, Patrick Frizzell, accused Of manalaughter
~ alleged to have been committed in killing Thoma
O'Haa, in January last, and who had been atlargt
~ on five thousand dollars bail, awaiting trial, wa
- - yesterday surrendered by one of his suretias
/. Mr.J. W. Burae, who wishad to be released froI
further responsibility in the case and the accrase
-, being anable to furnish other security, was con
- mitte& to jail.
d. RECORDERS, COURTS.
u F1&sT DIsrRIcT.-Bernasd Tully WINS examine
he before Acting Recorder Moore yesterday, ON Il
as charge preferred against him by Mrs. MnYgar
he Kelly, proprietor of coffee and boarding hous
;, at No. rs GiEsd street, of breaking into her BIZ
- room on the evening of the 29th uh., and Lttem
at ing to open her armoir, with intent to steal. Il
co. Investigation resulted in the discharge Of
-. accused.
- = Wm. AHgustin, colored, for vagraney, was 8
ie~ TO the WorkhOuse for sixty, and John seyn9 q
AZ: also vagrant, sentenced to the sae mi 1t
ter ton for thirty days.
an Some fifteen persons, arrested for drunken M
disturbing the public. peace and violating
3. ordinances, were fined various sums, MAXI az
aggregate of upwards of seventy dollars.
de- SECOND DIsTRIog.-A. j. Wilson, chaFge d '
sst, being, suspicious character. was, sent to
Ike W0Fkhouse for ninety days
ali. George HashorR, fDrfghtiag on IRENE 81 teet,
"tA- fnabSl0 or ten. days in the Parrish Prf ,on.
Nicholas Blaze, charged by Thos. W alsh 7
pril insulting and abusing him and refasing to le
fee his premises, Benville street, was ned 81
- thirty days in the Parish Prison.
Valentine Dolan, was fined $40 for fighting
+ oil Barrack street on Thursday morning
ard, For being drunk, Prank Schone and Antc
,an- Jeane were find So
man THIRD DIsTRIoT.-Pope Melton, charged u
, nm assault and battery, was released on 5ail
- Woolriek will haye to answer TO the charge
arcs horse stealing at some future day. The oharg
b his preferred by Lieut. Roberts, U. 8. A.
for GnGtieb Adler and Charles Herler, wepe ar res
On at the instance of John Thiel. who charges tb
al with passing on him counterfeit $50 United Sta
pull currency. They were sent before the Uni
lko4o 10 hnS