New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-24

JuAOE counsel OF Ool00S0 mas SOuS0t w
impress on your mind the retreat of MIR.
Nixon to the club house, looking over his
shoulder, and crying, am not armed, and
he then was shot in the back, in position
where he had no chance of inhicting bod
lily harm. Counsel refers to GaBnons and
Vix's evidence, corroborated by Mr.. Rip
ley, showing that at the time when MI.
Nixon was shot, it was impossible for him
to infict bodily harm.
Where was the necessity for the accused
to fly from the place where he committed
the homicide, and hide himself until the
twelfth of January, four days after the
homicide. An innocent man would never
have fed from the place of his action.
So far as the character of the accused is
concerned, it is only used in cases of doubt.
The accused says that he fired the fatal
shot, and the question Of character is,
therefore, of no avail.
MIR. Belden referred then to the law
against carrying concealed weapons. MIR.
Cammack had no more right to carry
weapons than the humblest man in the
the city, no matter if he was teller of a
bank or not. This constitutes the whole
case.
Counsel then repeated short history of
the elected evidence, aud, referring to the
statements of Vix and Cannon, which
showed that Mr.. Nixon was not armed,
said:
Can you state on your cath that John
Nixon was using force at the time when he
was killed? Can you state this in the face
of the tact that he was praying not to
be shot at, being unarmed! The silence
of Mr.. Nixon after being shot is easily &C
counted for--death ensued in thirty
minutes He was denied even the right
to send his farewell to his wife and
family.
Gentlemen of the jury, it is an uu-
fortunate case, and while it becomes my
duty to prosecute this case, | feel sorry
to do so. The brightest ornament to
society is just as liable to the law as
the humblest man.
Therefore, in consequence of my duty
as the pubic prosecutor, and in the face
God, who knows that l have no feeling
of revenge in my heart, it is required
that all the avenues to our public safety
are thoroughly guarded, and criminals
brought here to be dealt with by the
law. Your duty is higher than mine;
you are the judges of the law; you are the
protectors of men and women in this
broad land: you have to see that the laws
of it are extended over all.
Now. in conclusion, think as much of
the sufferings of the family of MIR. Cam
mack. and should be glad if I was able to
clear him from this case;i it is impossible
to mel for he has broken the compact
with the law and his fellow-men. There
is no society which can lose its valuable
citizens without intiicting punishment on
the author of the loss.
Louisiana has lost one of her valuable
and best citizens, while there is due some
thing in reconsideration to MIR. Cam
the author of the loss of John Nixon.
If we are more apt to sympathise with the
living and forget the dead, there is
duty to perform by the State. to the
memory of John Nixon, one of its ablest
sons. Never will his widow and orphans
hear his gentle footsteps they feel that
their husband and father will never return
any more until they meet him in Heaven.
There is a sad duty to perform by the
State. I leave the case in your hands,
with the hope that you will give an impair
tial verdict, as the consideration of this
case Demands verdict of GUILTY.
Judge Abel charged the jury at con-
siderable length, when that body retired
to consider on verdict.
At a late hour after the jury had retired,
the Court was informed that there existed
no possibility of any conclusion being ar
rived at. They were locked up for the
nipht