New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-05-16

The court decided in favor of the prosecution
ruling that the State was entitled to six peremptor
challenges against each prisoner. Mr.. Martin wa
therefore set aside. -....
Counsel for defense notified the court that ez
oeption would be taken to this ruling.
Adam Joachim, peremptorily challenged b.
Mclaughlin. a-
Louis Guirand, peremptorily challenged b,
0Donne
a. Gubert, accepted and sworn.
o. L. Kernion, accepted and sworn.
Ernest Malus was opposed to capital punishment
and was set aside.
Camille St. Amant, peremptOriIy challenged BY
Hennessey.
j. B. Dohonde, peremptorily challenged BY
Murphy.
Oscar Stone, peremptoriIy challenged by Nc
LaughIin.
John P. Collins, peremptorily challenged by
O'Donnell.
E. R. Pitcher, peremptorily challenged by Hen
Messy.
John Glynn, peremptorily challenged by The
State.
Robert Campbell, peremptorily challenged by
the State.
A. P. Schneider, peremptoriy challenged by
Murphy.
This exhausted the panel and the jury was in.
complete, but eleven members being sworn, The
court ordered talismen to be summoned and ad.
journed to O'Clock in the afternoon, iustructinp
the jurors impannelled that they were to remain
in the custody Of the sheriff and should not allow
any one to converse with them on the subject of
the case about to be tried.
The court at the expiration Of the recess resumed
its sitting, and proceeded with the impanneling Of
the jury The twelfth juror was obtained from
the talismen after two peremptory challenges by
the prisoners, by the acceptance of Ernest Gautier
and the jury was complete as follows:
T. \. Martin, Alphonse Morel P. A. Lambert,
Jr., W. D. Duke, L. G. Richards, S. H. Bird.
stodart Howell, William Mclean, B. Mouchon, a.
Gubert, o. L. Kernion and Ernest Gautier.
The indictment having been read by the attor.
ney general, upon his suggestion it was agreed
that as it would be impossible to get through
with the case, during the night, an adjournment
should be had at O'clock, land the case should
be resumed this morning.
The witnesses were then ordered to be separated
and the evidence commenced.
TESTIMONY FOR THE PROSECUTION.
DR.. Yeiser $lgorn-As coroner, he held the in.
quest over the body of the deceased and proved
the corpus dettctl The wound, an incised wound
on the right side Of the lower abdomen three
quarters Of an inch to one inch in width and pene
trating to the spinal column cutting the Uend cara
descendant, the largest vein in the body, was ne.
eessarliy mortal. Inc wound was from three OF
four to six inches in depth.
N. Barnes stcOTTa--As city physician made the
post mortem examination at the inquest De.
scrlbed the wound as described by DIR. Yeiser
Upon opening the body, discovered that there had
been hemOrrhage of at least three quarts
Death was caused by this enormous hemorrhape
he had no doubt on his mind that the wound was
the cause of death.
Or. Cfloppiil slcoT1s-Assisted at post otit exami
nation; also visited the deceased after he was
wounded, as physician; was called in on The
night OF the 9th of March, and saw then that de.
ceased was dying. He had a penetrating wound
OF the abdomen, and from the symptoms witness
was satisfied he was dying from internal hemor.
image. Witness saw there was no hope of recovery
and administered nothing but opiates. Deceased
was already in a collapsed condition After wit
ness had examined deceased he asked if witness
considered the wound mortal. He asked witness,
seriously, to tell him his exact condition Witness
as was his habit when appealed to by those he was
attending, told deceased the whole truth told him
there was not the slightest chance for recovery
This conversation took place between II and 2
O'Clock the night deceased was stabbed.
Cross-ecG2lined- Continued to see deceased
ilbLl uAl0 W ei1G ulllll d lew minutes before
death: He said no more to witness about his case
after the conversation related in the direct exam
nation, except to answer such questions as witness
put to him relative to his condition. He was weak
and could not converse any length of time.
direct examination resumed. Did not think at
any time his recovery was possible and never gave
him any hopes.
Gross. erdnliaationr resumed Mitchell also at.
tended deceased as physician, and on the 10th by
the wish of the family a accumulation was had with
Dr.. Stone. Witness spoke to deceased but once of
his hopeless condition. Did not think Unnecessary to
repeatit. His intellect was not affected He was
in possession of his faculties.
IN GnSloer TO the c0urt-The manner of de-
ceased when witness apprised him that the wound
was mortal beyond doubt, sgniied that he was
fully impressed with the hopelessness of his con
dtion. He closed his eyes and was silent.
OSS-eGdT1lirledd gdin-Deceasedn never spoke TO
witness, nor in his presence of his resolution to be
revenged, as soon as he recovered, on the parties
who injured him. His mind was very lucid, on
Saturday the 10th, the day he died. and he answered
all witnesses questions correctly. Saw him last on
Saturday morning, the 10th, after the consultation
DR.. Mitchell Witness described the wound
the same as Drs. Yeiser and Chopin and expressed
the same opinion that it was necessarily mortal.
Deceased died at about O'Clock on Saturday
night, March 10TH Witness had no positive CONVEX
satiOn with him in regard to his condition. The
following document was exhibited to the witness:
l, J. Fred. Gruber, do affirm that to the best of
my hnOWleuge ana DsneI Richard Murphy, whom
have identified, did, on the night of the 9th of
March, stab me in the abdomen with a sharpened
instrument, and that plainly saw in his hands the
instrument before the blow was given, and that he
was aided, abetted and assisted by one Hennessey
ct az, whom | could recognize when on the wit
ness stand. JNO. f. GRUBER
Sworn to and subscribed before me, this 10th
day of March, 1866. c. IzARD, J. P.
Witness identified the document. 1t was written
by him; all except the words " ct all (abbre-
waited Latin for and another'), which were in
serted by request of deceased. Murphy, the pri-
soner, was present. and was identified by deceased.
He had identified him before the document was
written, as well as after. The document was read
to deceased by Judge lizard. This document was
written between and o'clock on the afternoon
of Saturday, the 10th.
CrOSS-erdn1iaed- Witness visited deceased as a
three or four times on the 10th at T. 10
aud Il in the morning. The document was writ
ten upon recollection Of what deceased had pre-
ViOusly told witness. Wrote it, he believed but
was not positive, upon the suggestion of Judge
lzard, who was present; also Mr. Wolfe, father-in-
law of the deceased. Witness could not now re-
peat the exact words of the declaration, but could
state the substance from memory.
lCol. Field handed the document to the judge
calling attention to the firm, bold hand in which
Capt. Gruber signed it, and remarking that man
could net be very weak who wrote such sigma
ture. The judge answered that he did not see
what he had to do with the examination of the
signature
Witness resuming his testimony: Judge lizard,
after reading the statement, swore deceased to it,
witness thought it contained all he had heard
room Wnen Hennessey was passing out after he
mad been BROUGHT for decpocSd IN Saa hin, IA