New Orleans Republican., 1871-06-18
Local Intelligence.

TRIAL OF DIR. EvERITT- Verdict Of Not
Guilty-The evidence for the defense in the
case against DIR. L. H. Everitt on the charge
of murder was resumed yesterday morning,
and it was testified and reiterated that the
disposition of the defendant was well known
in the community to be averse to quarrels
of any kind that he was peaceable and
quiet. These witnesses were Rev. jeremiah
Moynihan, r. NJ. Montgomery, Esq, Gabriel
de Feriet and B. Harrison, the latter having
known the doctor for over twenty years.
There was renewed testimony tending to
establish the theory of the defense that the
defendant had fred his pistol with the OBJ
ject of frightening Mr.. Henry Switzer, the
deceased, and Mr.. Ernest Steinhardt, his
companion.
This theory was that the defendant had
fired over the head of Switzer, but the ball
impinging upon the granite wall of Victors
restaurant, had been split and detected,
in the DETECTION both parts penetrating the
brain and causing death. To cOrreborate
this theory Major Long testified, having
first examined the mark on the wall out of
curiosity. Captain McCann, by ene OF
whose officers the defendant was arrested,
testified to the circumstances of the arrest
and the pistol purporting to be that which
was fired, stating that three barrels had
been discharged.
The voluntary statement of the defendant
was rejected by the ruling of the court.
This statement was corroborated by wit
nesses that the defendant was assaulted;
that both Switzer and Steinhardt were
armed, one with cowhide and the other
with a pistol, and that he shot to scare
them, fearing for his life. y
The evidence being closed, the argument
began, Charles H. Luzenburg, District At
torney, leading for the prosecution. After
a recapitulation of the testimony for the
State in the trial, the District Attorney
drew the attention OF the jury to what this
testimony would go to show, that the
deceased and his brother-in-law Steinhardt,
had simply sought an explanation Of the
letter written to the wife of the one, the
sister of the other; that their demeanOr was
quiet notwithstanding the order given to
Woodson, which was natural, as nobody
wishes a third party to private converse
ton. The District Attorney showed that
the defendant points his pistol at man
who fees, and shoots in cold blood man
who stood perfectly quiet, and who was
near enough to him to shake hands had he
desired to do so.
The argument of H. c. Castellanos, Esq,
counsel for the defense, summed up the
evidence, which showed the demeanor OF
the Young men toward the defendant to be
such as to exite his apprehension and to
rouse IN him, from their menaces and mo-
tions, fear for his life, and dwelt partieu-
larly upon the character of the defendant,
which had been shown as not quarrelsome,
even under threats of personal injury, which
he had every reason to suppose was about
TO be inflicted, and that even his life might
he taken, He quoted from decisions as to
the right of self-defense against personal
injury or for the protection of life, proceed
ing from point to point in favor OF the ac-
cused, in a clear. decisive manner, and
arrayipg all the facts of the case in way
that produced its due effect.
The Attorney General, S. Belden, Esq,
closed the argument in behalf of the State,
basing his argument upon the principle
that words do not justify an assault, and
arguing to show that the design Of taking
the life of Switzer was premeditated; that
the deed was done in cold blood and in de-
liberation; that the safety of every citizen
required that the laws against the taking OF
human life should be carried out.
The charge of the court embodied the de-
cision previously quoted by the counsel for
defense, as definition, and saying that
the Jury could either bring in verdict OF
guilty, guilty without capital punishment
guilty of manslaughter, or not guilty
On the reading of the charge, the jury re-
tired at halfpast eight o'clock.
The jury returned at ffty-fve minutes
after nine o'clock, and announced the Ver-
dict of not guilty.
The accused received the congratulations
of his friends.