The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-01-20
TRIAL POSTPONED TO THIS FORENOON.

was commenced on the part of the State yester.
day.
The evidence given during the day differed, ex-
cept in few slight particulars, from that of the
coroner's and recorders examinations. The
ground was, however, fought over very slowly
and closely inch by inch, and objections constantly
raised urged and defend ed and decided at almost
every stage of the evidence. What added still
more TO the slow progress of the trial was that
three of the jury were suffering from sickness,
and several times in a body, during the trial. were
compelled to retire.
twill be remembered that on the night OF the
5th of November the accused had had personal
difficulty at the store No. l3s Poydras street, and
that Cohen the proprietor, according TO the evil
denee introduced before the coroner, had been
struck by Blevins. The latter proceeded down
Camp street, as far as Gravier street. 1t was at
this point that be was arrested by Gebhardt, the
deceased and that the evidence introduced before
the court, snd introduced below, commences.
City physician, Dr. Bsyon, held the medical ex.
animation at No. 6 Rampant street. The ball had
entered the lower portion Of the breast bone. 1t
went through the right lobe of the lung and was
cut out near the spine. 1t had met no obstacle in
passing through the body.
| John Williams, an eI policeman s1cOrR-Mst
| GebhaI DIT and the accused bievins. IN company
with third party, at the corner Of Gravier and
Camp. Witness, by request, took charge OF tue
| thin d party, and Gebhardt of Bevins. They march
ed from Camp, near GTavier, up the river side OF
| St. Charles street. Going ahead to the station
| with Cohen, several times witness looked hack.
| In doing so, saw the fash of the pistol from the
| hands OF the prisoner. the prisoner, Blevins,
fire two shots. Never lost sight Of him until cap
| tured. The man captured was the prisoner.
Recognize the pistol IN court; Two shots had
been fired-the second shot followed the hrst shot
| at about two minutes interval. Knows that the
| deceased was ON duty at the time. At the time
witnesses attention was. attracted to the matter,
witness was walking up the left hand side
] of st. Charles street. The prisoner, with
/ Gebhsrdt, was on the other side. When witness
| hesrd The first shot he did not then see a crowd
| because they had run away. saw no scuiting
before the sbOt. The last seen OF the prisoner he
was on St. Charles street. He was walking along
| very quietly when be was fret arrested: The
first seen of the second shot YAiSy after saw man
dark az ths suitye efs Witness fred one shot down
| 81 Charles street at the prisoner because prisoner
had pointed a pistol. Prisoner then appeared
excited. hlt offered no resistance waen last cap.
one man near the prisoner. Only three shots
we're fred altogether. Gehhardt, when he ar
rested the accused, had treated him mildly.
Special White SUOrn.--CODfrms some of previ-
ous WITNESSES statements. saw crowd running
sfter the prisoner, which impeded witness. Heard
a cay, MURDER, don't kill me-" Prisoner said to
witness, "Who are you !" witness answered,
"You ought to know by this time" Tbeu the
prisoner said, "Oh, yes, You are Captain White. +"
Two shots we're missing from the pistol. witness
being asked whether Blevns was drunk or sober,
SAWS that Bevins was not drunk. He seemed TO
be under sppTehensiOns for his life when finally ar
rested, and asked me to protect him. SuDse-
quently when Recorder Becker asked the wounded
| man questions witness did not hear them asked IN
| German When Recorder Becker asked the dying
man about the identity of the accused, he said
once or twice, be sure-are you positive that THIS
is the man. The dying man answered 10 very
weak voice. Eyes, yes" The wounded man
might possibly have meant to say that he was posi-
tive that Blevins had not killed him.
Superintendent Cain slcorT-Was informed that
a man under his charge had been shot on st.
Charles street. near Murphy's saloon, on the right
hand side going TO Canal. The man was then very
weak. No important conversation passed between
him and witness. Did mol ask him then about his
wounds ss he seemed in great distress. Accom-
named the prisoner TO the house of Gebhardt
The latter had no relations. Heard the dying
man say, when | carried the prisoner there, tina
he was very bad-he did not say whether he
thought be would die or live. Subsequently ht
made gesture to indicate that he was very baC
of. Saw the pistol when it was brought to tn,
station. Thinks two barrels had been discharged
7 Am well posted in fire arms.
Col. Field wanted the pistol to be now unloade
! | in the presence of the jOry.
The unloading was objected to by Mr.. Atoch'
for the defense, on the ground that the pistol ha
not been proved to have had anything to do wit
the killing.
Col. Field wished to prove that the bail take
, from Gebhardt's body would fit the pistol befor
. | the court
Mr.. Braughn said that the pistol had been in tn
! hands OF Tom, Dick and Harry. and that tnef
Was no certainty TO the identity Of the weaDo
, | that at the recorders examination they had ha
70 search a half hour before it was found.
Examination reSluned-At the house wher
Gebhardt was lying, gave orders that nothin
\ should occur until had arrived. Whea uld SO
. a Bible placed in his hand.
I The defense objected TO the statements. on th
. ground that the dying man was sworn before
made his statement.
Jndge Abel decided thati would not be for tn
interests Of the State of Louisiana that the eVi
I denoe shoud go in. He considered the admins
f tering of the oath under the circumstances inval
dated the statement as a voluntary declaration.
: A lOcksmith here introduced who unlosde'
Q the pistol. The ball proved to be Of the usus
e eopical form, about six Of them making an ounce
Three balls were extracted-two having, as no'
appeared, been fred from the revolver.
. Mr.. GrsvOis, deputy clerk OF the court, was u
trOduced 10 prove that the pistol was brought I
y him from the recorders by an accredited on
-. eel.
# Mr.. Field wished to hand the balls to superir
, teDdent Cain TO examine
MIR. Atocha objected to this, unless he sboul
e prove that the balls were the same as those jas
II extracted from the pistol.
O Fridsnce resumed. Held our no promise to IA
q
!. time on the night of the homicide, that BeviT
O was brought 10 the station. When | went lot
. the lock up | simply remarked, 4" Mr. BleUn
y this is an unfortunate occurrence" He saic
I" Yes my friends got me into this" He then oil
t. jeeted to making any further statements.
n Recorder Becker slrOIT-KnOws nothing MOI
than that he was called to 60 to the residence
r. the dying man and take his evidence. Was NJ
4. able TO converse with the deceased about h
condition. The deceased said Eyes. yes" in
n very low voice. when asked question. ia
question that was asked the dying man was If
k recognized the accused. The dying man wa
d turned around, and he then made q motion as
If be recogniz. the accused. Capt. Cain then tol
accused to put on his hat.
le At this point in bis statement, the witness wa
at stopped in his statements, on the same point a
IL that raised with the previous witness.
ID Cross trdmined-Could not swear posltiye
ID whether witness spoke to Gebhardt in entering
in GeImsn or not. When be said ayes, yes" Il
r. wounded man said it sufficiently loud to be heal
y. without persons bending over TO listen.
at The witness was asked whether be had made
speech at the grave Of Gebhardt, IN which he hi