New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-21
THE DIdBY qHup. cAsE
PRELIMINARY EXAMINATION YESTERDAY
George Blass Discharged-IIc is Made q
Witness-Testimony Taken-Case Con.
tiuued-Bofh sisters Released on Bail
Reduction of Bonds.


Witness-Tcstimeny Taken-Case Con-
tinued-Both sisters Released on Bail
Reduction of Bonds.
From the time the First District Record
er's Court opened yesterday morning, until
far in the afternoon, the corner of Lafayette
and st. Charles streets was crowded with
people, deeply interested in the preliminary
trial of the celebrated "Digby child case"
morning the crowd had commenced to
gather, and when the court had got through
its ordinary routine business, there was
hardly standing room left.
Captain Schneider, of the first precinct,
seems to have fOreseen what was to happen,
and was on hand in person with small
force of police, with which he reinforced
the court officers. just before ten clock
| the Captain gave orders to his men to clear
the courtroom, and i'll less than five minutes
the crowd had been driven into the street,
and every possible entrance to the court
room was barred, both literally and tigura
atively by the police. The old crowd of
lOafers were compelled to take sidewalk
positions, and for the first time in the history
of Recorders court it became possible for
| ladies and the decent portion of the public
to obtain seats Among those present there
were many whom this case has brought into
notoriety. besides the prisoners. There
were Captain James BrOadwell and his wife,
and Mr.. Henry c. Dawes, the gentleman
who gave bonds for the woman Ellen Follin
and her son, George Blass. Mr.. and Mrs.
'Digby were there with the famous child,
and the little MOllie had with her her pet
dog and playmate, Jack" large animal
with considerable of the bull dog in him
| After the trial of the ordinary docket the
| court announced that the Digby case would
be taken up at eleven o'clock, and the
people present fixed themselves comfort
ably to wait until the hour was over before
the case would be called. Ellen FOllin, her
boy George Blass, several other of her
children, and number of her friends en-
tered so quietly that they were hardly
noticed. AS they were not prisoners, ex-
cept constructively, they seated themselves,
without attracting attention, among the
body OF the audience. With Louisa Muir
ray the case was different She was brought
in by Officer Curtis, who had brought her
from the Parish Prison, and was locked up
in the prisoners dock. Her appearance
created some excitement, and for awhile all
eyes were directed to the bars which shut
her out from liberty.
At ten minutes after eleven o'clock the
Recorder took his seat ON the bench, and
Mr.. Henry Fisk, the cr;er of the court,
called up the case. The accused were
represented by Judge Hunt, Colonel Nc
Kay and Judge AtOcha, and the State was
represented by Major ID. NJ. C. Hughes, who
had volunteered for the occasion
The affidavit against Louisa Murray made
by Colonel Badger, and the affidavit against
Ellen FOllin and George Blass. made by
Sergeant Malone, were read to the accused,
and plea of not guilty was Immediately en-
tered for them by Judge Atocha.
Recorder Houghton asked whether both
sides would agree to have the accused tried
at once, or whether they desired separate
trial for each.
Major Hughes was in favor of trying them
together, as it would save time
Judge Hunt was also in favor of having
all three tried at once; he said that the de
Tense were anxious to hear what the State
had to prove: the accused had no intention
Of offering defense; they would reserve
their defense for another tribunal.
Major Hughes called the attention of the
court to the fact that the counsel for the
accused admitted that the case would have
to be sent to a higher tribunal-the Criminal
Court.
Judge Hunt denied any such admission;
his clients pleaded not guilty, and it was
the right of their counsel to offer or reserve
any testimony they might be possessed Of
After some tilibustering by Major Hughes,
in which the public excitement connected
with this case was alluded to, and the quo
tation ''ror popuf." etc. was made, the roll
of witnesses was called. and sixteen an
swered to their names. Among the wit
nesses called was George Blass, one of the
accused. Only one witness, Minnie Green,
was found to be absent. George Biass said
that she was sick.
Major Hughes moved that an attachment
issue for Minnie Green. He said that this |
was a case of great public importance, and
had unusually aroused public sympathy, |
oh I.n, -,
excuse nOn-attendance.
Colonel Mckay, counsel for the accused, |
here read to the court a certificate from DR.. |
Chambers stating that the witness was too |
sick to attend.
Major Hughes demanded to know how |
that paper had come into the possession of |
the counsel for the defence, 'as Minnie Green |
was witness for the State. He was I'M
willing to receive it unless the counsel saw |
the doctor sign it.
The Recorder admitted the certificate. as |
he was acquainted with DIR. Chambers
and knew the certificate to be |
genuine. He decided that he would take |
Minnie Green's testimony at her house.
On motion of Major Hughes, the wit
nesses were sent down to the Recorders pri-
vate office, under charge of Officer Curtis.
with orders not to allow them to communi-
cate with each other or with outside parties.
Alexander DalsheiIner, Esq. was then in
trOduced to the court by Major Hughes, as
a gentlemad who had volunteered to assist
him in the case.
In spite of a protest from Major Hughes,
the Recorder discharged the complaint |
against George Blass, with the intention of |
using him as a witness Major Hughes an
nonnced that he would oppose Blass being
used as witness by either side. The Re |
corder said that he would call him himself |
Colonel A. S. Badger, Superintendent of |
Police, testified that on the evening of the |
ninth of June he received information that |
this child had been stolen within all hour |
previous; after the return OF the child to |
its parents on August 9, witness received |
that Louisa Murray had |
brought the child to the house of her sister,
Ellen FOllin, ON Bellecastle street: no in |
ducements were made to get statements
from the accused: Ellen Follin stated that
the child came there on Wednesday, August |
3: the child was brought to her gate on
Bellecastle street, about noon, by a white
woman. dissipated in appearance; the
woman asked Ellen FOiiD to take care of
the child moment. rs she had forgotten
Ellen Follin further stated that
after the child had remained short time at
the gate she told her little boy, Eugene,
to bring the child into the house she at
first stated that she sent the child away;
on the Saturday following; when witness
questioned her closely as to where she
sent the child on Saturday, she stated that
she did not send the child away until the
Monday following; that Captain Broadwell
and his wife had received the child and
taken it away with them; that is all the
statement of accused that witness could
give; it was made without promise or
threats. Louisa Murray also made state
ment without being led to it by promise
or threats. Louisa Murray stated that she
was on visit from Mobile to her sister
Ellen collins house and that ON Tuesday |