New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-23
ORLEANS WEDNESDAY, NOVEMBER 2S 1870

the assistance Of chair he clambered into
the cistern, which proved to have water in
it waist deep, and hung by the hands to the
top Of the cistern; has some consciousness
that when the prisoners entered the yard
the lady of the house came out with can
die; that Lusk and she approached the cis
tern; previously to this, however, witness
heard somebody say he was in the bake
oven, whereupon Lusk fired into the oven;
when Lusk, with the lady and candle, came
up to the cistern, the lady handed the light
to Lusk to enable him to look inside the els
tern; at this moment the witness let go with
his hands, and, as Lusk looked in,
ducked under the water, and remained there
until he heard Lusk say, ''He amt there"
The witness further said he was much
surprised to find Lusk in such business.
Lusk had always treated witness well, and
had done him favors. Lusk had NO reason
to kill him.
The witness was subjected to long cross
examination, in the course Of which he ex-
planned how he arranged himself in the cis-
tern, that he did not see the lady, but heard
her voice. The crosse xa mination produced
no material difference in the statements of
the direct examination.
Benjamin Common sworn-Lives in Baton
Rouge; was present at the election disturb
ances; was sitting on the fence in front of
the courthouse when he heard shooting.
Saw Thompson j. Bird there: he was in the
courthouse yard; heard Bird say "shoot
him, shoot him." Recognized no one else.
When witness tried to get home, he was
cut off by the crowd, and had to go past his
house. All the crowd cried out to shoot,
but Bird is the only one witness knows.
Witness works for Mrs. Gass and lives on
Africa street; saw Bird have hold of a
wounded man; the wounded man said three
~, I'D toll <.1r 70,
Bird took the wounded man to the gate,
and did not see him again; Bird had re-
volver in his hand when he was shooting at
me.
Mr.. Fuaua ross-examined the witness,
after a,lmonishing him that he was under
oath Witness said: II saw Bird there and
he shot at me-" The witness then reiterated
what he had said before.
In answer to Mr.. Fuqua:
Inever talked to George Hardiman or to
Mr.. Patterson about this case. We all had
arguments about it; could not tell whether
those with Bird were white or colored; l
am staying with Thompson Murrel on
White street.
Mr. Fuqua here rose and asked that the
court detain the witness in the courtroom,
as it was the intention Of the defense to
make a charge of perjury.
The court said that the propriety for so
affidavit against the witness.
Mr.. New addressed the court, and asked
whether his honor would decline to hold
the witness, as the affidavit would be made
against him Immediately. That the defense
were in earnest in this matter; that they
intended to bring the witness to justice;
they intended to lodge him in the Peniten-
tiary; that they could not submit to have
the lives and liberty of citizens sworn away:
!, nah tad hp for
and vilest crime in the calendar. and they
intended to protect themselves by pursuing
the criminal to the utmost.
The court said the motion made was some
whM unusual, but he would order the de-
tentiOn of the prisoner
Mr.. Gurley made few remarks about the
defense having blank affdavits, ready to be
filed up should this occur again. As the
case stood, there was no evidence before the
court to warrant detention.
George Bell, swOrn-The evidence Of this
witness amounted to nothing.
Matt Corbins, swOrn-Witness was
present at the riot, but the evidence was Of
no Importance.
A. Casacalvo, sworn-Lives in Baton
Rouge; was present at the riot; saw Way
with arms several hours before the atfray
saw Way afterward with several young
men; witness went to the garrison and gave
such information as induced the command
ing officer to order out the troops he heard
much firing and yelling, but saw none with
arms. .1c'
There was very short crcss-examiDation
but it elected nothing.
Sergeant David ElSmer, sworn-The testi-
mony of this witness, as far as it went, cor
roborated the evidence of the United States
officers, but the witness confined himself
chiefly to detailing some unpieasantness
between one of the accused and himself,
the cause being that inevitable ingredient
in all rOws-a woman.
Louis Wilson, sworn-This witness ere
ated no small amusement by walking when
his name was called, up to the judicial
bench, and taking a seat alongside OF the
Commissioner.
Witness deposed that Scott Gordon had
shot at him and wounded him; was standing
at the gate of his own house when shot at
by Gordon.
In the cross-examination by Mr.. Fuqua,
witness does not know that cOlOred folks in
Baton Rouge dislike Scott Gordon more
than any other man; told something about
hearing firing at the courthouse.
As the hour for adjournment approached.
Mr.. New addressed the court, remarking
that the accused persons had now been in
carcerated, most OF them, since the eighth
of November. He learned from the cOun-
sci for the government that there were
twenty witnesses yet to examine. 1t would
be physically impossible to finish this ex-
animation tomorrow "wednesday and the
following day would be dies non. 1t had
been the intention of the counsel for the
defense to wait until the evidence for the
government is all in, when discharge of
most Of the accused persons might be conf
IDENTITY expected. As they were prepared to
furnish good and solvent bail of citizens of
New Orleans, he asked the court to admit
the prisoners to bail.
Mr.. Gurloy replied that he had not ex-
pected the defense would take this course.
The offcnse charged was capital crime.
The United States District Court was in
session, and that was the proper tribunal to
pass on motion for bail.
Mr.. New replied that, previously to the
reinforcement act" the commissioners had
power to receive ball. and the act had en-
larged not diminished, their power.
Mr.. Gurley, in a short but able, argument,
discussed the law, which he supported by
quoting the act OF Congress, 1898, in Bright
ley's Digest.
The court ruled that inasmuch as the
court has the power to discharge those
brought before him. and to determine the
character of the otfense which may be es-
tablished by testimony, he has thus neees-
sa1ily the power of admitting to bail. He
would, therefore admit to bail the accused,
except those whom the testimony had
identified as connected with the shooting BY
which man was killed. The names Of
those thus excluded from bail are II. s.
Williams, Lawrence Williams, Scott Cor
don, Frank Loux, Richard Loux, Charles
Hubbs.
At the time our reporter left court, the
counse, for accused were busy in preparing
the bonds. The amount per capita had not
been fixed, but We presume it will be the
same az that taken in the case of Thompson
L Bird one thnusand dollars We heard