New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-24

| CARNEY AND EARLE, CONVICTED OF MUIR
DER, SENTENCED.-Remarks of the accused.
The principal feature in the Criminal Court
yesterday was the sentencing of Charles
Earle and John Garvey, convicted of killing
an old woman named Zollinger, ON Annun.
citation street, on the twenty-fouth of April
Our readers must still remember the hor
rible particulars of the case. The accused
were fairly tried and duly convicted OF
murder on the twenty-second of june, the
trial lasting three days. Counsel for the
prisoners made motion for new trial
but Judge Abel refused the motion.
Garvey and Earle were yesterday taken
to the bar to receive sentence of death, and
Judge Abel, in substance, made the follow
ing remarks:
John Garvey and Charles Earle, you have
been charged with murder. After being in
dicted by the Grand Jury, you were az
raigned before this court, and pleaded not
guilty. You were tried and found guilty
of the crime for which you were indicted.
Have you, now, either of you, anything to
say why the sentence of the law should not
be passed upon you, or for an arrest of judg-
ment2
your honor is, that when | was arrested |
was kept for nearly four days in a cell at
the Rousseau street station, without the
privilege of seeing any of my friends or
counsel. BY inducements offered to me, and
promises of my liberty, was taken by Cap
tain Edgeyorth to the cOroner's inquest.
Then the coroner swore me, and l stated all
that | knew about the case. Then the cor
oner charged me with murder on the very
oil tod rpr ma xv1 and
Inducements
Captain Edgworth, WHO was permitted to
hear my evidence, gave his evidence only
after I had given mine in his presence. L
have also, while in prison, been subPenaed
as a witness for the State in this very case.
The trial was rushed upon me in an unfair
way. The papers every day had para
graph about the case, so that it was impos-
sible to obtain an impartial or intelligent
iury. Twelve colored men were finally OBJ
tanned, not one of them being able to read
or write, and three of them not even know
ing what was capital punishment-the At
torney General having to instruct them
several times on this point. This is all l
have to say.
Garvey said: Your honor, am not guilty
of the charge; am not capable to make a
statement; am a poor man. That Is all
have to say.
Judge Abel then asked Judge Atocha,
attorney for accused, if he had anything to
saw. The answer was in the negative.
The court addressed the doomed men
about as follows:
Perhaps in the whole history of crime but
few parallels can be found to that crime for
which you were indicted and brought be-
fore this bar Both of you are young men,
inst yerging into full manhood, and as am
informed, strong, healthy and used to hon
est work.
Forgetful of the duty you owe to your
self, to religion, your family, and the com
munitv at large, you took it into your mind
that YOU would commit one of the. most
daring crimes known to the law, even
double one, plumber and murder.
The history of your crime has already
found it's way into every journal OF the en-
tire country, and is fixed in the mind OF
every thinking person in the State OF Louis
lana.
An old person, Margaret Zollinger, sew
enty-eight years of age,unprotected IN tne
dark of the night. while peacefully sleep,
ing at her own doRicil, undefended, and
far no other cause than that of plumber, you
enter her house; and in the perpetratlon OF
this act, in the preparation OF an act OF
robbery, you found it necessary to remove
from the world every trace of evidence that
might be brought against YOU
You. Earle, who had been in the house
for some time; and you, Carney, a neigh,
hor. knew the fact that the old people had
saved some money, and suspected, ana
right, too, that it was deposited az tneir
own house. When the eyes OF an people
were supposed to be closed In sleep, In the