New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-03
E THE BATON ROUGE RIOT
Fourteenth Days Examination
DECISION Of THE COMMISSIONER
DISCHARGE OF THE PRISONERS

A few minutes after ten o'clock
yesterday morning, Commissioner Grant
took his seat, and forthwith rendered the
following decision in the case Of the persons
accused of completely with the election dis
turbances and consequent homicidcs at
Baton Rouge:
United States vs. Thompson j. Bird, ct
als.-The affidavit in this case sets out in
substance that certain parties therein
named, did, on the seventh day of Novem-
ber, at the city Of Baton Rouge, willfully
join in riot, for the purpose of obstruct-
ing the Supervisor Of Registration and the
commissioners of election in the discharge
of their duties while holding and presiding
at an election for member of Congress in
the Third District of the State OF Louisiana,
and that while SO Obstrlcting and violating
the provisions .Of the election law, they did
willfully kill and murder Harry Williams
and Joseph L Official. all in violation of the
act of Congress of May 81, 1870, regulating
the purity OF elections.
The jurisdiction over the crime of mur-
der is given this court by section seven of
the court, but it is jurisdiction peculiar
and exceptional, resting upon a question Of
fact rather than Of law. The Jurisdiction
of the courts of the United States, SO far as
the charge of murder is concerned, depends
the parties here charged are guilty of an Of
fense against the election law enacted by
Congress. Unless they are SO guilty, an
ind ctment will not lie against them for vio-
lating State law. That two innocent men
were murdered on the day of election at
Baton Rouge, is too painfully apparent from
the evidence before me; but ] am without
power to commit for this offense, unless
find that it was pcrpetfated by the defend
ants while in the act Of violating sections
FIVE and six. OF some other parts Of the act
of Congress, approved May 81, 1870, in re-
latiOn to the conduct of elections. This
precedent fact has not been established by
the evidence before me.
No proposition is better established in
criminal law than that where the law pun
ishes party for attempting TO commit a
crime. the Illegal intent.must be established
beyond any reasonable doubt. II the elecs
tons had been actually broken up by the
defendants, the guilty intent would be pre-
sumed: but such is not the case here.
find that an indiscriminate firing Of guns
took place at Baton Rouge, on the evening
of the election Of November Z, by parties
in the streets and around the courthouse
square. During this firing, two men we're
killed in the courthouse where the votes
were being counted. Had there been a
common cry among the rioters, the motives
| which actuated them would have been ind;-
Gated. If they had intended to prevent a
| count of the votes, and in carrying out such
unlawful purpose those two men had been
| killed, they would be amenable to the laws
| of the United States. But have searched
| the mass of testimony, adduced by both
| sides. in vain for such common intent. On
| the other hand. find that where any of the
rioters came in contact with the ballot
boxes, they protected them from violence.
In fact, the only evidence before me in
| any, wise connecting the crime OF murder
with the election Of November Z, is that it
was commit d on the dav OF election. My
! first duty in this examination is TO ascer
| tain whether an ofiense has been COM
| mitted against the laws OF the United
| States, and whether the parties before me
are guilty. Competent testimony is want
| ing on both of these points. Acting in ac-
| cordance with my sworn duty upon the
| evidence as ! find it before me, l am con-
strained TO discharge the prisoners.
The accused parties, F. Loucks, Richard
| Loucks, Scott Gordon, Lawrence Gass, II. S.
Williams, aud Charles Hubbs, were then
discharged. The mother Of L. and X.
LoUcks had been present at tie courtroom,
accompanied by other ladies for several
days past. The sympathy in behalf of the
mother had been universal among all classes
and parties present, and congratulations
were now sincerely offered by all.
We should mention that when Mr.. Fuqua,
in his closing address on Thursday, COM
plimented the court, the government Off
cials, and the parish officers, he did not
omit to compliment the several members of
the press who had attended during the eN-
amlnatioH.