New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-15

the chief theme of local topic among all
classes of our immoral and lawlessly
inclined city is over. The Fair murder
case" is over, and San Francisco ia now en-
titled to the belt as the champion city OF
the world for the commission Of the most
high-handed outrages and cold blooded
murderers, and the liberation of criminals
especially those of the noneyed class. The
verdict in this case was received with as
bonishment and Indignation by all but the
few sympathizers with the murderess, and,
in many instances, not until the report OF
acquittal was again repeated by other par
ties, was it believed that such an extraoFdi-
nary verdict had been rendered-sO much
at variance with law and the evidence,
showing a total lack of common sense. to
say nothing of hooking at justice ana
sacrifice Of conscience and dignity as men
and iurymen in moment of maudhn sentl
mentality mistaken for mercy
The first trial, eighteen months ago, occu-
MED twehty-eight days, in which her his
tory. that OF her murdered paramour and
everybody directly or in any way connected
with the case was drawn out in extenso and
published to the world. Her character
which is the worst a woman could possibly
bave-was called in question, and proven
not only by her letters Of correspondence
and witnesses particeps criminis, but by
her own words and unblushing confession
that she twas married to Mr.. Crittenden in
Heaven" aud totally disregarded all human
enactments on the marital question, etc.; in
other words, believing in the free love
system. But her character had nothing to
do with her guilt or innocence. Justice
should not stop to consider the morality or
or immortality Of murderer. The jury,
within twenty minutes after retiring,
brought in a verdict murder in the first
degree" The court passed the sentence of
death upon the criminal.
OfeOurse, the case was appealed on every
Imaginary ground possible. A-stay of exc
cution was granted, and the Supreme Court
ordered new trial, on technical point,
and the only one counsel for defense had
oyerlooked-that the court erred in hot al
lowing the defense the closing argument.
The law says "the defense and prosecution
shall alternate in argument, and the defense
may have the closing argument" And tits
limited that the Supreme Court must have
been greatly interested in the prisoners
welfare to travel so far out OF its way to
hunt up flaw upon which to allow new
trial other than any named in the bill OF ex-
ceptiOns, and that, too, the only one upon
which d new trial could have been ordered
with any degree of legality. Either that or
envious hatred to the murdered Crittenden.
No reasonable grounds were shown in the
application for change of venue, and it
was therefore denied.
At the new trial the former Judge alb.
scented himself under the customary plea of
illness, and q judge from an adjoining dis
trict was called upon to preside, so that the
former charge of impartial ruling could not
again be made. A panel of $50 jurors was
exhausted and only one obtained; another
of 200 with little better success, until,
finally, 900 jurors were examined before
twelve were obtained. And of those twelve
only one seemed to be man of the world
and possessed of even ordinary intelligence.
And published in conjunction with the
former Jury with their professions and
trades, which is a fair criterion for estlma-
toni shows q marked contrast, and that
they we're of mediocre and unstable minds,
which is conclusive by their own admission
that they misunderstood their instructions.
The Judge charged them, in the language of
the celebrated MordaunU case, that whore
the defense set up a plea OF insanity they
must prove it by a preponderance of
evidence, and not leave the burden of
proof for the prosecution. They must
fully substantiate the plea, or else it
falls to the ground. 1t is not for the prose-
cution to prove the sanity of the prisoner
that is taken for granted until proven
otherwise"
Yet, in the face of this written charge,
the only two Jurors who were in favor Of
conviction yielded alter being out sixty
four hours, stating as a reason that they
understood the charge to be that where
they entertained any doubts as to the pris-
oner's sanity they should give the prisoner
the benefit of the doubt" and they did,
though they had no doubts as to her guilt |
or sanity at the present moment. 1t was
also proven to their satisfaction that several |
days previous to and on the day of the |
shooting sac was sane, transacted several |
little matters OF a business nature, disposed |
of some property for ready cash (sensible). |
snapped off an unwieldy revolver for a |
convenient little pocket pistol, and had it |
nicely loaded, and engaged hack to call |
for her at certain hour TO convey her to |
the ferry boat On which Crittenden was to
meet his family returning overland. And, |
with all these plans and preparations, dis
guised and heavily yelled, at twilight, on
the evening of November g. 1870, in rage
of jealousy and cOd-hearted deliberatiOu,
she numerically shot Crittenden without a
word or moments warning, while in the |
embrace of his family, at the moment OF |
their reunion after a long separation. He |
fell senseless at the feet of his wife, and in |
a few hours his soul had fed to "that vague
eternity where wOman's treaohery is uu- |
known"
The commission of such a crime is enough |
to drive any woman crazy who is possessed !
of the least ordinary sensibilities or finer |
feelings which commonly animate the hui
man breast. But one who could deliberately |
plan such murder, under such cireum- |
is proof against any such mental
reaction; and insane people do not murder
in that methOdical and business like manner |
The testimony of medical experts was con-
elusive on that point among whom was
the superintendent OF the State Insane Asy-
lam, Who lived among crazy people; had
constant charge of over 1000, male and
female; knew crazy people "hy the back"
almost, but could trace none of that aiimeut.
In Mrs. Fair; yet the jury, not being
troubled with too. much sanity, thought |
and she is now at liberty to kill |
another victim, after bleeding him of for
,une, Us she did her last, from whom she had
extracted a small fortune of about 100000
Counsel at the first trial cost $4,000, less
92500, which amount the widow Of one of
Ter counsel, since deceased has brought
teton to recover. Her two attending
,hysiclans were to receive $4,000 each tor
ervices Testimony as to insanity not
ounted. III coursel, one of whomAhas sued |
OF his fee, Her counsel in the last trial, it
said, is ia get $4,000. As yet, strange to
av he has not named bis Urfce nor As ked |