The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1869-06-13

capital charge, (Pincher gave a steaIthy but
encouraging look towards the dock,) there
appears to be no legal evidence to support it;
! and, unfortunately, in framing the indictment,
| events charging the minor offense have been
| omitted, SO that the prisoner cannot be tried
for the assault committed on the deceased man,
and which, probably may have accelerated his
! death. 1t is n lamentahle terH+i44ation"-here
he was interrupted by hustle in the court,
and Mike passed through the crowd, closely
| followed by the doctor. The prosecu-f
tor had already left, believing his further at
! tendance unnecessary, bat counsel for next of
kin immediately sprung to his legs, aud in
position to produce such further evidence
must satisfactorily establish the prisoners
guilt. The Judge paused and looked somewhat
! confounded; Pucher became very pale while
establishment and alarm were for the first time.
| depicted in the accused mans face, the sur
gcon mounted the table, BEARING in his hand a
small, closely sealed paper parcel. He pro
duced the knife, with Which the deed was said
4 to have-heen perpetrated, and sswoTG7 that he
| had himself withdrawn it from the fatal
wound; he acknowledged that it had after
! wards been taken from the table IN the cock
4 pit, on which he had1eft II, and that lie had
! not again seen it until found upon thesperson1
! of Johnson; WHO admittedft to be hts. Coun-
sci for the defense objected to the admission of
such evidence. The doctor, a cool Scot ehnIan,
/ attempted 70 continMe, but he was pertina-
7 cioHsly interrupted l-si- ol5 ='s-.H Il ID "
At length the judge took he examination in
Y xhie, YOU took from admitted that the knife
oncutlv removed from your custody, how then
IAN Won swear that the one produced is
the same, which you found in the murdered
mans back ~ .-haa - SOC
| VERY easily, my lord, because Oh th"t gap
in the edge
- There may have been fifty capped knives
aboard the ship, if yoa had only sought t1 y.
| Them" interposed the prisoners counsel !;
F.sthat's no Identification"
1 1T certainly is not" resumed the Judge
81 IS possible the mans knife may have been
/ broken in the discharge of his duty; anu tnere
NAV have been many others broken III a sill \.
i La manner amongst the rest of the crew. 1t
is really very difficult thing to swear, under
! such circumstances TO the IDENTITY OF tne
knife introduced Win tha1 which ihh'e'eN ''i>
mortal wound"
But my lord, ;" broke in the surgeon, VINO
had been rumaging his paper parcel during thS
time occupied by tho judges REMARKS, d,t om,
, examinations and where the knife glanced OF
= the rib | found this small triangular morsel o
steel, which fits the gap in the biaae 10 me-
= filled the vacancy. Counsel for the detens
!, | examined it carefully. Pincher stopped 1oI
. | ward to look at it, aud after a hurried oDser
vntioD again resumed his seat The prisone
a g:lzed fXedIy- at h1BIl WITH an Is
!, | preston of countenance, ana Sought to attrie
:! attention -aaaEshsInenf conghi
a but the sheriff. did not venture to eontron
q him. The TAILOR attempted to calm johnson
% rising rage, but his interference was rudely II
is jected. 3d. ID ..- f-,.a ~
IN Escape from conviction, in o case SO clea
~ became impossible, and when the jury brougl
g. in their verdict of = guilty the Judge, AFTER
Ia ! the remarks usually addressed to a, condemne
30 criminal before pronouncing Che awful sci
Is, tsnce of the law, As he proceeded IN the di
IT charge of his painful duty, the prisoners Il
~ ! meanor became more and more violent; he t
II peatedly addressed the high sheriff How
~ Ethis Mr.. Pinchcr Martini what's all TN
81 kabout, sir7 Why don't you answer me !" al
r- when the only reply was an eThortatlGIh :,
es keep silence, he roared out, as he struck Il
IT. dock with violence, "By Cd, Won't star
" it: I'll have my bargain, or III know i
no whatw o..
nm speedy conclusionias decency would perm
~. now assumed the -blaek-cap While his doc
III was being pronounced, johnson became OF
-; raTeous : and when he heard his execute
for fixed for 8 o'clock next morning, he attempt
,St to iumr from the dock.
~ Remove him." said the judge.
rs rs "Ah," shouted the prisoner as he bent Il
ng ward, in defiance OF the e%eftohS I'aue Ig
Nv isl Now that you have humbugged me,
lie mean to gag me. But, by Heavens, you shan
i,, r If am to die, FL have my revenge; and
.m fore 20 I'll leave you, Tom Pincher, wltht
5 as much land as would sod a lark"
ar While other officials were proceeding to
lce sist their comrades struggling in the do
en- johnson made desperate enort, n1tls IHo !
ok. men who held him, to the ground, and WI
he they We're recovering themselves ne FiiSheo
lily his former position; but before he could spt
ne he was oycrpowered by fresh assailants a
tho the TAILOR adroitly managed to stop his mou
her as they hauled him away
the The excitement produced ny such u SC
thy amongst those who filed the court may
90 easily imagined The gossips set their wits
dge work to divine what the prisoner oonid po
to bly, mean-hOw could an absolute stranger,
ing terly unknown in the country, threaten Fih
get er Martin with the loss of his estates
'ant failing TO discoverany motive for such persc
not hostility, or any means by whlch ms tui
in could be accomplished; and the DOCTOR III
i'm over, assuring large assembly oil inc ~
atty inquisitive amongst them that iTlShG OF III
81 | 1an off