The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-01-30
The Killing of Fernandez by Martin
FURTHER EXAMINATION YESTERDAY.

January, on st. Claude street, was resumed YES
teroay before Recorder Gastinel. In order {,
Keep up the connection in the evidence, we give
brlef resume of the previous testimony, togethe
with that ELECTED yesterday:
A. Cdssdrd testifed-On the night of the 1871
instant | heard the report of firearm, which a.
nrst took to be frecracker. Shortly heard {
seconu report ana the words, Au secours, du Sc
c0t7s, FdsSdSsin uttered in a loud tone fol
lowed by q prolonged cry of agony, and ther
heard third report as loud as the two previous
i ones. ran towards the place of the firing and
met man running towards me, whom 1 mistook
TO be murderer. l pursued him, and when he
fell recognized him as Mr.. Fernandez. From
causes cog nzant to me I suspected Martin and
ran TO his grocery, corner of st. Claude and st.
| Philip streets, where saw the accused, and the
hsve ss Ssn srseosc
nandez, and come to arrest you.n No sir, il is
not ], replied Martin. {" Il is useless to deuv
it, Mr.. Martin. saw you shooting at Mr.. Fer.
nandez.n "No sir, said Martin, I" / shot no
one." II was too dark for me to see what hap.
| pened in the affrsy, and what said to Martin
was for the purpose of getting at the truth, and
again insisted to Martin that he had shot Fernan-
dez, and that had seen him shooting. He again
replied, No, did not the shooting since IL was
the other man who had the pistol but I had my
knife and used it, At that moment Martin
showed me slight flesh wound in the palm of
the hand, which he stated he had received from
Fernandez's pistol. {" Then, sir,n | said to him.
you confess having used your knife against
the other party's." Yes" said Martin. Well"
l replied, "you have killed the man and / ar.
rest you." by what authority do you arrest
me !" asked Martin, "you are not a police off.
cer." "By authority" said !, "vested in any
CITIZEN in presence of whom a crime Is commit.
ted especially when the proper party is not pres.
ent toperform such duty" - - Well, surrender
said Martin-and be ordered some other person
present TO close his grocery. Afterwards came
lne ponce snd Martin was taken in custody. then
returned near Mr. Fernandez, and finding that no
one mad yet gone in search of physician, i'm.
medateiy repaired to DR.. Castellanos, who hastily
came and declared that there was nothing to be
done. Mr.. Fernandez had died. Witness does
not know who cried Au Seco,0's.
The examination of witnesses was resumed
yesterday. MessTs. Castelsnos Lambert and Muir.
ply appearing as counsel for the accused, and Mr.
Howard on the part of the State, assisted by
Messfs. Hughes and SambOls for the prosecution
discussion having arisen about the publication
of the letters Of the deceased to Mrs. Martin. the
court explained that the letters were not pub.
lished as testimony or as having been in evidence
and was directly stated by the reporter of the
Times that they were not. The court therefore
had nothing TO do with the matter, bat hoped that
such publications would In future be avoided as
being likely to prejudice one side or the other of
the case
Dr.. Bdyon testifed-Held a post mortem On
the body In the house Of the deceased. Detailed
the nature and effect of the wounds in answer TO
The question whether they were necessarily fatal.
One, the worst, had penetrated the artery of
the thigh so as TO cause hemorrhage and speedy
death. Could the artery have been tied, how
ever, Immediately, this would not have been
necessarily fatal. There were no signs of any
wound received from firearms. TI
Luxe Francois, cotOred. teStyied-Saw two men
hghflng saw one of them with knife don't
know which. The man cut in the fight was the
one down; he is not here ; saw the man who was
down the next morning dead never saw him get
up after ne fell down; saw the man who was up
80 INTO the grocery after the fighting. The par.
ties spoke French and don't know what they
said when taken out TO see if he knew where
the killing occurred, witness carried the officer TO
the corner of Royal ana Ursulines streets
Mr.. Bozoi.ier testifed-On the night of 18th.
about half-past O'Clock, was in my dining room,
when heard rap at the door went to it and |
met Mr.. Cassard; did not know where to 20 |
after what Mr.. Cassard told me that there was |
some ore on the banquette. Heard some one |
across the street say in French, He has fallen
by The fence" / saw something, apparently A |
body, and before touching it called for light; |
got 1t. and recognized the deceased. He was |
gasping-lved about one minute after got the /
light. knew deceased before by sight. There |
was no one there when l arrived. | saw and |
picked up pistol while examining the BODY il /
was about an inch or one and a half inches from /
the right hand Of the deceased. As | had not /
heard the hiring, took the pistol to my house and
went in with Mr.. Cassard to examine it; found
three barrels discharged. Went back to where
the body was, and with assistance of others
stralghtened him out; 'then went with
an uncle OF mine to inform the relatives |
OF deceased. | dismounted the pistol from |
the cylinder for fear of any accident and
gave IL to Mr.. Layado, friend of the family, but
forgot to give him the cylinder, which keDt in
my pocket. turned the cylinder over 70 officer |
JouTdsin, who asked for it at the Parish Prison.
The pistol Is a small sevenshooter Smith a Wes. |
sons patent. They are breechloading with |
metallic cartridges. was puzzled to find as some.
hing peculiar. when examining the pistol that
" mharo oHi AZ /
we're discharged, the third loaded and the fourth
discharged. held the pistol so as to keep the |
cartridges in. The rest were all loaded when /
'xamned them that night saw no dents before |
% now on the cartridges. These dents may come |
rom strokes of the hammer on the cartridges, |
which strokes do not always cause such pistols to
be discharged. There are now four of these car
ridges thus dented by strokes of the hammer.
The cartridges left undischarged are the same in
lumber as when first examined the pistol but
Jf the pistols.
Henry Ledumont testifed-I saw the first shot;
iew the sccused STOPPING down alongside of the
utter; saw him get up ; saw second had shot:
aw the accused run upon the one who fired; |
ion't know If he was white or black. Five min. |
ties after accused came in the grocery and told
witness to shut it up. "I have killed man. he
aid. Showed witness his hair burnt and his left |
lsnd scratched; he said the bali struck him
here. citizen came along and asked. " Who
hot that man :" Accused answered :" did not
/
urrender myself as a prisoner" Accused and |
witness then shut up the grocery. When with the |
Mrs. Martin kissed her husband. He |
sked her if she was satisfied with what he had |
ore on her account saying "I have killed Fer
anGez.' heard two shots only and saw the |
ash of three others ! do not know who fred |
bem there was In the grocery cheese knife, |
7hich is here now, and was there the night OF the
illing don't know whether Mrs. II. kissed Mr..
=, or be kissed her; they kissed each other.
Witness did not hear Mrs. Ii. make any reply to |
er husband. n
Raymond, coIored, testifed-Heard the shoot.
lg and the cry Of murder, in the direction where
e had seen a man sitting on the door steps, Saw |
wo men 10 three feet of each other; was afraid
nd heard a third cry of murder as ran of. /
aw one of the men firing and the other stopping.
Tying to get under him; can't tell which was
Thich. / saw no one else crossing the street or !
bout where the shooting occurred; l heard
hree shots and saw two; don't know who fred ! !
hem. 7
Alice Vduiere testified was giving my chill. /
rem supper in my dining room heard three
bots did not see accused that evening. / was !
vuifh Mrs Mart in fha