The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-01-26
The Trial Of Martin for Killing his
Wife's Paramour.
LARGE CROWD IN ATTENDANCE.


-l
The important and interesting examination Of
Martin, q grocery keeper, corner of st. Claude
and St. Philip streets. for the murder of Fernan-
dez, the lover of bis wife, came of yesterday.
DIR. Avils, coroner, corroborated the inquest
held by him on the body of deceased.
Francis SRde1 s1c07p-Heard a shot fred on
the night of the 18th of January, at about "A
o'clock, near the house where witness resides,
Witness was at the time indoors and upon looking
outside heard the word "murderitwic repeated
There was an interval Of ten twelve seconds
between the shots. Witness cried out to his wife,
Those shots had not taken effect.u Witness then
heard police officer spring his rattle, aud heard
some one say, "He is dead.r Witness then went
TO the place where the deceased was lying, and
saw himself that the deceased was dead. although
ross.erdnained.- daughter Victoria was a.
home at the time Of the firing. but was so scared
that she saw nothing. None of his children (of
whom witness has eleyen) that were grown were
at home.
Did not see whe killed Fernandez. He knew
the latter from infancy. At ihe time he heard the
first shot, witness was in his house reading There
were about eight or ten minutes interval between
the shots. Witness did not who fired the Shots
ln the evening the deceased usually passed
alone. witness never saw the deceased going
! into any house In the neighborhood. Ii was dis
tasteful to witness to speak of certain matters
Being asked why they were dstasteful an ar
| gument followed between opposing counsel as to
whether the question should be answered. Mr..
Castellanos said that he wished TO show
that il was a matter of common notoriaty that
the deceased had been in the habit of visiting the
wife of the accused. The question was asked and
answered IN the affirmative.
The court, atl23 o'clock, took recess until
O'Clock. Upon the recorders resuming his seat
J.S. Snder sgcOr1-On the 18th of January was
/ passing on st. Claude street. Ar that time saw a
man sitting on The steps opposite Nine. Viele's. l
stopp d to salute him, a. recognized him Mr..
/ Fernandez Then went on, and when near Dumain
street heard two three shots. Ran back towards
! 81. Philip street. At the middle of the block saw
/ MIR. Fernandez running towards Dumaine street.
| crying, Murder, murder" Heard some one
/ shooting after or behind him. Witness then saw
| Mr.. Martin shoot Tor shoot again) Witness then
| entered his bouse-after hearing Martin shoot
witness subsequently heard watchman raD. VT
was then he saw Mr.. Fernandez lying dead by the
lodge. That is all that witness knows.
QueStl0n-When you saw Mr. Martin was he
running after Mr.. Fernandez?
AnSlCer-Yes. Accused did not fire at Mr.. Fer
DaBdez the last shot, so far as witness knew The
shot that w9s fired by the accused was fred at the
deceased. Did not see Mr.. Fernandez fall (; at the
time witness saw deceased he running Five
or ten minutes after the last shot was fred wit
ness left his house. Saw no pistol In the hands of
Mr.. Fernandez at any time during the evening
Saw no pistol at any time in the hands OF any
one except Mr.. Martin. Subsequently, saw a pis-
to in the hands of Mr.. Bozoner one of the wit.
nesses. after he saw the deceased lying dead.
Only esw one shot fred saw besides thu flash
when Mr. Martin fred. At this latter moment wit
ness was On the opposite side to NJ. When Fer
Dandez was citing on the steps opposite Nine.
VS. he was sitting like he was accustomed TO SIT
every night.
Fernandez, when pursued, was about twenty.
i've ieet ahead of the accused. The pursuit CO.
Cured about q minute after Fernandez was seen /
sitting on the steps. Witness is positive that the
last shot was fred by Marin. ihe accused was
not seen that evening until he was pursuing Mr..
Fernandez. Ii was about ten minutes from the
time that witness first saw Mr.. Fernandez that he
saw him dead. Witness has kno Rn the accused |
for year.
small barrelled revolver was here shown In |
court, which witness did not identify.
CT0SSe dni5aed-LVes at 1872 St Charles straet /
His fathers house is about the middle of the |
block. Left the house on the evening in question
Len at home witness's father, mother, small sis
ters, end brothers. Witness went down to wn aad
remained there until about O'Clock. Wines
la1 assed the deceased about minute when the |
first shot was fired. Witness was in the habit of
seeing the deceased in the neighbOThoOd of Nine.
Martins house; one night coming out at about
III O'Clock. These visits were matter of public
notoriety.
Question-was not Fernandez known to be the
lover OF Nine. Martin!
AESUG-Yes.
Have known Martin about year. There ia no
pique or grudge on the part of witness against
& e accused.
Questio1'-Wss there not any ill-feelinc between
you and Martin by reason of his having denounced |
you for having arms concealed about bis houseS
Witness had no arms, but did hear that the &C.
cused had denounced mis- house to the Innocent
Club as being Republican house but this de |
buDciaton had not prejudiced the accused in the
mino OF witness. Witness has seen other gentle.
men 90 In and out of the house of the accused |
curing the daytime. The grocery store where
Martin stayed was situated disgonally opposite to
the house, about fifty yards distant.
Marie AIeJiS cOlOTed, SlrOfR-0n the night In |
question, at the hour stated, saw man sitting on |
the steps of witnesss house. As witness opened |
the door the gentleman jumped up from the steps.
and started down the street, crying "Murder!
murderP' Witness heard three pistol shots. Wit
ness heard tnmbling noise, q of some one fall
ing against the door when she opened it. No
noise before.
The shots witness heard came from the direc.
uon OF ST. Philip street. One of the first balls
hit on tie steps ear where the knees of the man |
mpst have been. The man had not been sitting
there more than five minutes before she saw Mar.
tin. The shots were fred towards witnesses door.
No shots were fired from her door.
Cross eIdnltned-Knew somebody was sitting
on my doorsteps from the fact that a little girl |
came and told me that somebody was knocking
at the door. When witness thereuDon went to |
the door, she tbereupou commenced TO pull the
door TO. While the door was being pulled 10,
witness heard fright off) pistol shot fired.
opened the door. Don't know where the bali Of I
the first shot was fred, but thinks it struck
the house. Told the coroner that the ball 9
had struck the door. Opened my door while the
shooting was going on. Was in the door while !
The second thct was fred. Saw the third shot
hred. During the affray di1 not see the accused;
saw the accused afterwards, running Confirms
the evidence taken before the coroner. After ,
pushing the door to, she kept it sjar, and was ;
peeping ont at the same tine.
The evidence of this witness closed.
Several other witnesses were examined. whose 8
testimony in no wise changed that of the FORE c
going Mr.. Cassarl testified almost in the exact {
phrases already mentioned in the CRESCENT the '
lay after the homicide. At yesterday evening, n
he judge adjourned court. till 6, when the trial
gam began and the testimony continued until q
'clock, v hen ihe care was continued until this g
non ming al the usnal hnnr q