New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-04
THE DONALDSONvILLE TROUBLE
THE olIvIens AND FISHER COMMITTED
Application for Habeas Corpus

At twelve o'clock yesterday the court
opened, and Commissioner Weller read the
following decision:
The difficulty, which resulted in the death
of two of the most respectable citizens Of
Donaldsouyille, grew out of the general
election, held ON the seventh of November
last. In the parish Of Ascension the con.
test was, to q great extent, personal, and
between rival factions of the same party
regulars and irregulars-the day passed off
quietly, and no disturbance whatever oc-
Cured. The supervisor of elections IN that
parish saw proper, however. to post up
notice on the courthouse that he had re-
moved his Office to a plantation on the OppO-
site side of the river, where the boxes OF the
different polling districts should be brought
and counted. He gives as reason TOR
changing his Office that he feared an inter
ruptiOn if the votes were counted out at the
usual place, the courthouse. The evidence
does not show that there were any grounds
whatever for his fears, and after the polls
closed this order produced some angry feel
ing among the parties interested in the re-
suit. They declared with some violence
that the boxes five in number) should not
be removed except by superior force.
The next day the supervisor started an
armed force Of forty or fifty men to take
possession of the boxes. A small boat with
two or three persons, landed at Donald
sonville, while q barge with the larger por-
ton Of the force was in the middle OF the
river. Some five or six of the citizens, with
arms, rushed to the river, and one shot was
fred, which wounded cOlOred man on
shore. The barge returned to the starting
point. Supervisor Hunsaker, exasperated
at this shooting, then gave the defend
ant, Fisher. (the chief Constable Of the
parishl, an order to proceed at once and
raise the necessary force 900 men, ii re-
quired). and go to Donaldsonville and obtain
the boxes. Fisher in the evening, passed
over ON boats several hundred men, who
were landed some six miles below Donald
sonville. Fisher hailed, about dark, the
steamboat w. s. Pike IA coaster), under the
pretense of desiring to take passage to
Baton Rouge, threw upon the boat l46
armed men, and compelled the captain to
land them where the other force was as
sembled. This was about quarter OF
mile from where the subsequent murder
was committed.
Judge Matthieu of DOnaldsonville, fear
ing riot, crossed the river and endeavored
to get Supervisor Hunsaker to go over to
the courthouse and count the votes, assur-
ing him that he could do so with perfect
safety, as the only excitement grew out of
the attempted removal of the boxes; this,
he Indignantly and in terms not very polite,
declined.
Late in the evening of that day (the
eighth, ascertaining that large number of
colored men were assembling below the city
threatening to march into and destroy it,
two of the most prominent citizens, Mayor
Schonberg and Judge Lawes (oppOsed to
each other politically took a buggy and
proceeded to the headquarters of General
Hunsaker "a brother Of the Supervisory, who
commanded that division of the militia; they
represented to him the alarming condition
of affairs, which the General seemed to ap-
preciate: he wrote an order to Major Oil
vier, commanding the forces in conjunction
with Fisher, not to advance on the city, but
to prevent, if possible, all cOlOred men from
going up; q similar order to Adjutant Cen
eral Brown was given; these orders were in
trusted to Messrs. Schonberg and Lawes;
these gentlemen, supposing that they had
accomplished the mission of peace, started
for the rendezvous Of Olivier; they showed
him the order and passed through his camp
into that of Fisher; they exhibited the same
order to him; Fisher informed them that
they could not pass; thus far there is no con-
fict in the evidence, but beyond this point
there are irreconciliable differences.
After giving proper weight to the evil
dence, my mind is forced to the opinion,
rather than conclusion, that Fisher ap-
preached the buggy and told Judge Lawes
that he must get out and be tied; that this
he refused to do, and Fisher seized him.
The pistol of Lawes went off, and he was
drawn from the buggy. At that moment a
musket was fired, intended probably for
Lawes, and Mayor Schonberg was instantly
killed. Fisher and Lawes clenched, and
after short struggle they fell to the ground,
Fisher on top. There is no evidence that
Fisher attempted to injure him while down,
but as he rose from him terrible blow with
a sharp instrument was inflicted upon him
Several shots were fred, and Lawes was
Fisher, apparently regretting the part he
had acted in the affair, took Lawes to a
cabin and obtained some water to wash his
wounds. In the meanwhile, a report was
sent to the camp of Major Olivier, imme
diately below, that 6chonberg (the Repub
lican) had been killed by his companion.
Judge Lawes. The character Of the wound
(six buckshot and rife ball), the position
which they occupied in the buggy, aside
each other as peacemakers, show that it was
physically impossible. The evidence Of two
respectable physicians ct Donaldsonville,
who examined the body, pronounce this
theory absurd.
The report, however, exasperated the
Oliviers, and they proceeded with some Of
their band to the place of the murder, and
soon dispatched him with cane-knives; his
body was most horribly mutilated.
Here then q most atrocious murder has
been committed, and the. question now before
me is, whether or not, Fisher shall be held
to answer for the crime.
The case Of the two Oliviers was examined
at DonaldsOnyille, and upon the evidence
there adduced committed them for murder
In so doing decided the question of juris
diction which has been raised in this case.
1t seems to me folly that Congress should
secure to every citizen tho right to vote
votes fairly and lawfully counted. The
right of the people to elect members Of Con
gress is not secured until the ballots de-
posted in the box are lawfully counted.
It will be seen that the difficulty origin
ated in the order of the Supervisor to re-
move the boxes deposited in the courthouse,
where they should have been opened and
counted. This, in tho opinion Of the Com.
missioner, brings this case within the act OF
thirty first May, 1870, commonly called the
enforcement law. If in this he is wrong,
NO great hardship can be inflicted upon this
defendant, as he can 60 at once before the
United States Court on a writ Of habeas
corpus.
As David Fisher was engaged in an un
lawful act when pulling Judge Lawes from
the buggy, he is responsible for the homi-
eide, and must stand committed.
It is understood that Judge Shannon,
counsel for Fisher and the two Olviers, will
sue out writs of habeas corpus before the
United States District Court.
TEE CRESCENT RESTAURANT AND OYSTER
SALooN.-Of all the oosy places in our city
this is the ,coziest. Situated on one OF the
principal thoroughfares = No. 1888 Camp
street, q few doors above Julia street-it il