New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-05-16
The Murder of Capt. J. Fred. Grubea


| sey, Richard Murphy and Stephen O'Donnell, in
afcted for the murder of the late Captain John
Frederick Gruber, in Sans saloon on ST. Charles
street, on the night of the 9Th of March last, was
commenced in the First District Court yesterday,
Judge Abel presiding at u few minutes before IL
O'Clock
The court room was densely crowded with spec
tators, and the purlieus were filed with knots of
citizens. Every step in the proceedings was
watched with fixed attention. and a very unusual
public interest was shown in the case.
The prisoners were all present and exhibited an
anxiety to be expected from men in their situation.
From II O'Clock to was occupied inimpannellng
jury, without completing it. During that time
the accused were required to stand in exercising
their right of challenge, but the fatigue incident to
| such protracted constraint seemed to be unfelt
and the only emotion exhibited was one Of deep
concern as the qualifications of the jurors were
scanned and passed upon. -....... ..... .
For the State, Attorney General Heron was
present. assisted by District Attorney Luxembourg.
For the defense, General Humphrey Marshall,
Judge Dooley and Messrs A. P. Field, - Lam
bert and H. G. Castellanos appeared.
Besides the prisoners at the bar, Thomas Nc
Cauliff, alias Scott, alias Meae, and Patrice Me-
ley, alias Scott, were included in the indictment as
parties to the murder, but not having been arrest
ed, were not present.
As we have already stated the impanneliug of
the jury commenced at II O'Clock, and proceeded
as follows:
Charles Arroyo, challenged by Murphy peremp-
torily. .-..
Edward Hayden, challenged by the State Pc
remptorily.
F. x. Martin accepted and sworn.
Louis Prados, challenged by Mclaughlin peremp-
torily.
Felix Arroyo, challenged by o'Donnen peremp.
torily. .....
Oscar Blasco, challenged by Hennessey, pc.
remptorily.
Peter Dorwick, challenged by Murphy peremp-
torily.
Aristide Auburtin challenged by Mclaughlin
peremptorily.
Joseph Berberick, challenged by O'Donnell pc
remptorily,
Alphonse Morel, accepted and sworn.
P. A. Lambert, Jr., accepted and sworn.
j. E. Freche was opposed to capital punishment.
However clear the evidence might be, he could
not render a verdict of death. Set aside for
cause.
Antoine Desgeorges, challenged peremptorily by
Hennessey, ........
George seibert, challenged peremptoriy by
Murphy.
John Conway, challenged peremptorily by
O'Donnell.
Thomas Doherty, challenged peremptorily by
the State.
j. 7. Desgrais had formed and expressed an
opinion in the case such an opinion as he did not
think could be changed, and he was set aside.
Louis Burthe, challenged peremptorily by Nc
Laughlin.
Theodore Bachemin, jr., was conscientiously op-
posed to capital punishment, and was set aside.
e. P. DelaVallade was peremptorily challenged
by ODonnell.
Henry Weber having been peremptoriy chal
lenged by 0Donnell, the attorney general in
CURED how many peremptory challenges had been
exercised by the prisoners?
The sheriff answered that Mr.. Weber would
make thirteen.
The attorney general raised the point that the
law limited the accused to twelve peremptory
challenges.
After brief argument the court ruled that each
of the prisoners was entitled to twelve challenges
without cause. Mr.. Weber was therefore set
aside.
W. D. Duke, accepted and sworn
Louis Tureaud, peremptorily challenged by
Murphy.
James P. Warner, peremptorily challenged BY
Mclaughlin.
Edwin Marks, peremptorily challenged by O'Dou-
nell.
Hon ]. T. Hanlon had formed and expressed a
decided opinion in relation to the case, and was
set aside.
Prosper Camel, peremptorily challenged by Hen,
nessey.
S. Hopkins, Jr2 poremptorily challenged by
Murphy.
7. F. Patton, peremptoriy challenged by Nc
Laughlin.
l.. O. Richards, accepted and sworn.
s. Fl. Bard accepted and sworn.
Stodart Howell accepted and sworn.
- Tilottson, set aside on motion of counsel
for Defense because his name in full was not given
on the list of jurors furnished the prisoners.
John mclaughlin, challenged peremptoriIy by
the State.
VIM. A. Moulton, challenged peremptorily by
the State,
VIM. Mclean, accepted and sworn.
@. L. Hess, set aside, as the name on the
LIST furnished the prisoners was not correct, his
true name being J. L. Hess.
B. Mouchon accepted and sworn.
Ernest Nicaud, peremptorily challenged by
ODonnel s=u@. ~ .5"....
James Brady, having formed and expressed an
opinion in the case, was set aside.
Arthur Lambert, peremptorily challenged by
Hennessey. -..
John Crusius, peremptoriIy challenged by Muir
ply.
]. A. Martin, having been challenged by the
State,
General Marshall objected, contending that
under the law the State was entitled to but six
challenges, and that number was
already exhausted.
INe attorney general maintained that he was
entity ed to that number for each of the prisoners.
such was the law, and it was consistent with fea-
ION. Tue object of the law was to prevent par
ialities t'om entering the jury box. OF course,
he greater the number of accused the greater the
liability toprejudice against or partially for them.
Had the plis Vners been confined to twelve ehal. |
enges unique stionably the State should he re-. !
trieted to six; nut since each of the accused was
llowed to twelve, the privilege of the prosecution
hould be 1dngly increased.
Mr.. Field and General Marshall replied contend |
1g for the original proposition that the law abso
lteIy limited the State tg six whatever the mum.
er of the accused, and THAT the claim of the at
Orney general was inconsis tent with the theory of
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