The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1870-05-28
"The Evans Case..'

The accused, Theophilus ". Evans
killed Alexander Daigle, jr., in Calcasieu
parish, April 14th, 1865. Indicted in Sep
TENDER 1866. Change Of Venue to St
Landry granted. Tried, convicted, and
sentenced to be hung tat Opelousasl No
vember 1856. Appeal to Supreme Court
returnable at Opelousas in September 1867
Supreme Court terms at Opelousas for 1857
and 1868 failed from yellow fever and other
causes.
prisoners counsel appeal submitted to Su-
premse Court at New Orl.ans in March 1859.
The errors in the proceedings in the lower
court assigned by the prisoners counsel,
and presented for the decision OF the So.
preme Court, were:
J.. Error in overriding the prisoners
challenge and motion to quash the array Of
the Grand Jury who found the bill ofindict
'ment.
2. Error in refusing to make absolute
the rule on the District Attorney, to show
cause why he should not furnish the prison
er a certified list of the names Of the wit
nesses who testified against him before the
Grand Jury, and statement Of what docu-
mentary evidence, if any, was laid before
that Jury in this case.
8. Error in everything the demurrer to
the indictment.
4. Error in the organization of the petit
jury who tried the cause.
5. Error in oEerruiing the motion for a
new trial.
6. Error in overruling the motion in
arrest of Judgment.
7. Error in the Judgment itself
On appeal, the Supreme Court, first stat
ing that the record showed many irregu-
larit,es in the proceedings, in the court be-
low, proceeded to pass upon the assignment
of error in everything the motion for a new
trial, and held that there having occurred a
separation of the petit jury, after having
been sworn, and before verdict, that sepa-
ration vitiated the verdict and upon that
point alone, declining to pass upon any
of the other alleged errors,) the Supreme
Court reversed the verdict and the sentence
and Judgment of the court thereon, and re-
manded the case for a new trial.
The evidence on the new trial was pre-
cisely the same as on the former trial, ex,
cept that it was proved that the only State
witness who, on the former trial, testified
that Evans had declared his intention to
shoot Daigle, had since made very different
and contradictory statements on the point.
A further difference was strong testimony
on the new trial of Evans good conduct
and integrity since bis conviction, and that
he had refused to avail himself of many
chances of escape from custody. The sec
ond Jury was %empanelled at 10, a. NJ, on
Friday, Goth inst ; the evidence was closed
at 4. P. M. ; the argument of counsel lasted
over three hours and after receiving the
charge-of bis Honor Judge King, the jury
retired, and returning in ten minutes rem
dered a verdict Of Not Guilty.
The above facts were furnished by Geo.
H. Wells, Esq, the attorney who fought
this well Known case through from toe
beginning to the end Of it. Great interest
has been manifested in the Parish of Cal
casieu and here in the progress and final
result of the prosecution and notwithstand-
ing that the weight of the evidence and pub
lie sentiment seemed for a long time to be
decidedly against the accused, yet on his
second trial he had the sympathy of tins
and was triumphant1y acquit.
ted-a result entirely due to the ability, zeal,
and fidelity of his counsel.
MIR. Wells, from his management of this
and others, has won a high reputation
this bar as a criminal lawyer. We wish
him all the success that his talents and de-
votion to his profession merit.