New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-03
THE DONALDSONvILLE TROUBLE
Another Days Examination
DECISION RENDERED TO-DAY

At the session of Commissioner Weller's
court, yesterday, Dick Washington and
Gustave Holmes were the first witnesses
called, but neither knew anything german
to the case.
The evidence of Mr. Matthew was then in
trOduced, to prove that the convention
spoken Of in previous evidence, in which
convention Fisher had voted for Schonberg,
occurred before the difficulty arose between
the two.
DR.. D. Hunsaker was then swOrn-Tne
testimony of this witness was to the effect
that at the close of the election, as registrar
and supervisor of registration, acting IN his
best discretion, determined to have the
ballot boxes, before the votes were counted,
removed to the bank Of the river, opposite
Donaldsonville, to Marchand's place, about
three miles below the town; accordingly
the witness gave directions and took
measures to carry his resolution into effect:
that he had an interview with five of the
Commissioners of Election and Mr.. Matthew;
that the latter made and reiterated re-
quest to have the votes counted III Donald
sOnville, assuring witness that lie would be
safe and unmolested; the witness thought
otherwise, having seen indications and heard
threats that convinced him that the cleo
ton might be vitiated by violence; that the
feeling was like powder, which spark
might ignite; the witness directed the Con-
stable, Fisher, to raise sufficient force to
protect the commissioners who had the
ballotboxes III charge; the other portion OF
the testimony of witness was unlmportant.
General o. F. Hunsaker. swOrn-The wit
ness is in command of the militia in one OF
the military districts Of the State; witness
had given no order to Fisher, but that on
the representation Of several parties, who
expressed apprehensions for the safety Of
DOnaldsonville; among these parties who
requested his interference were Sch0nberg
and Lawes; witness sent direction to
Major Oliver, in case it were fOIN,d that the
rumOr of danger to DonaldsOnville was
correct. to stop anybody from going to that
town. BY this, witness explained. be did
not mean that travellers ON the highway
should be lindered in their lawful occasions,
but that persons unduly excited by rumors
of any kind should not be allowed to enter
the town.
The witness further stated that he felt
great unw;llingness to take the step re-
quested by Schonberg, Lawes and others,
because he did not wish the military to be
mixed Mp with election transactions. But
when he was urged by Schonberg and
LawesS with the argument that i'll case
DonaldsOnyille was burned the moral re-
sponsibility would rest upon him. he gave
to Lawes and SchOnberg the order to Oliver
above spoken of, leaving it discretionary
with those gentlemen to use it or not. All
that the witness did was done in the in
terest OF peace and order, and so he under.
stood the intention of those who had called
on him for interference. The purport of the
order put into the hands of Schonberg and
Lawes was to prevent excited persons from
going into the town to redress wrongs either
real or fancied.
Sam Williams, sworn-The testimony OF
this witness. though rambling and desultory,
was very clear. Fisher was present when
Schonberg and Lawcs were killed, but he
earnestly though vainly endeavored to pro-
tect them; that his interference drew menace
and danger upon himself. The witness also
confirms previous testimony that the Oil
vers We're not present at the time.
Here the testimony closed and after con
sultation between counsel, they appointed
six o'clock in the evening for hearing an
argument and pas sing upon the case.
At six o'clock the court reopened, and
Mr.. Mills spoke at some length for the pros
ecution. He was followed by Judge Shan
non for the defense, whose argument con,
sisted of the following points, which he sub
mitted in writing:
First-The act with which David Fisher is
charged is not one falling within the act OF
Congr under which the complaint is
made and founded before the Commissioner.
Second-The Commissioner upon the evi-
dOnce i'll this case is entirely without juris-
iiction as it is not shown by that evidence
that Fisher or either of the other defend
ants committed any act in violation of either
section of the act of Congress passed May
81, 1870.
Third-It is not shown that either Lawes
or Schonberg were killed in connection
with the deprivation IF any right or privi-
lege specified in the aforesaid act of Con
gress.
Fourth-There is nothing in the evidence
before the Commissioner to prove that Da-
vid Fisher used any weapon or did any act
toward the killing of either Lawes or Schon-
berg, but to the contrary thereof, the evi-
dence establishes his entire innocence of
such Otfense.
Fifth-David Fisher, in all that he did, is
proven to have acted under and within the
authority conferred upon him by law, and
by virtue of the Office which he held, in
which he used no violence toward either
Lawes or Schonberg.
SIXTH. G. Oliver and H. Oliver. 50 far
as their acts are concerned, are not proven
by the evidence to be. brought within any
provision or sections Of the law of Congress
above referred to, and all acts done or com
mtted by them, as shown by the evidence.
are not cognizable under the said act of
Congress, or before the Commissioner.
Seventh-If the two divers are to be held
at all it should be done before State tri-
bunal and not before the United States
Commissioner.
Mr. Porche then made a short address in
behalf of the prosecution, and the case was
submitted.
The court took the case under advise
ment, and adjourned until twelve O'Clock
today, when decision will be rendered.