New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-01
WEDNESDAY, /,
ConrI Iieins.

| Tie appearance of the Burgesses in the
| First Distflc. Court yesterday caused the
room TO be crowded with people who had
! no good wishes toward the wretched Grim
| inais. No disturbance was made in the
presence O. the court. Much difficulty has
been experienced in obtaining counsel fol
! the criminals. Six attorneys have been re-
| quested 20 act. and begged TO be excused
| The feeling Of repuision exhibited by al.
| most every one agairs: the couple seemed
! 20 prevent ;Lem. No doubt :he majority
! OF The members of the bar would have re.
; fused such case if rendered :hem with a
| fee. But The request OF che court is diff
| terent matter. As was said by Mr.. W. K
Whitaker. on accepting the trust when ten
! dered by the court, an attorney is an officer
! of the court as much as sheriff or clerk
! L: j. his duty 20 defend any enc who has nc
counsel. and wheE called on by the cour,
| can not refuse. AS the order Of the cour;
is n the form OF request, he may. if he
has reason which viii satisfy his con
science. ask 20 be excused. Mr. Whitak. r,
having nothing 70 DO which would Justify
him in his own mlnd in requesting 20 be ex
| cused, accepted.
The long indictment was read. the &c
cused :nani:esting considerable emotion
After the arraignment the crowd deserted
the courtroom and gathered in the street
Their numbers were increased every mo-
nen.. Threats OF summary execution were
freely made. It was very plain !: would be
unsafe 10 at:emp: to take the prisoners 70
the Parish Prison in the ordinary manner
Ropes enough to hang every convicted mur-
derer in the parish were exposed in the
crowd. Besides the reinforcement Of idle
people, inspiration from adjoining bars i'm
pelied various demonstratiye individuals 20
utter violent prophesies Of what would be
done.
A little after twelve \ detachment of
twenty-five police, under Captain Malone,
and became more demons,rative. When
the Burgesses appeared they became tu-
mUituous, especially the boys. who were in
the majority. The most vindictive were
the women. who were well represented
Eu: patting the objects of the wrath Of the
moo N the centre OF his force, Captain Ma
lone took them withou: mischief to their
prison, which must have seemed to them
sanctuary. The trial is fixed for Friday.
Oc:ober 3.
When the court had go. rid of the Bur
gesses i, proceeded to ordinary business
Seven cases of assault and battery were
tried, and Judge Abell did not help the dis.
tric: attorney much. In the majority he
charged dead agains: the prosecution. and
consequently six defendants are happy. In
the seventh case a portion OF the jury dis.
agreed with The judge. and stuck to it. The
last case OF the day was one OF stolen goods
This the judge took away from the counsel.
The defendants attorney thought the court
could convince the jury. ani vas willing to
spare his pains. Mr.. McPhelin had no such
idea. lie was satisfied the case was a good
one. chan Of circumstances established
the fact that the goods were stolen. and SO
on: tina: ;a it would have been, and
so OF. if the court had let him 90 on. But
Judge Abel checked him. gave the jury
i've minutes talk. and then waited for it's
verdict. The result surprised every one
There were obstinate parties on each side
of the question, and another mistrial was
entered. II didn't seem just right not 20
hear the district attorney when the court
differed from him SO strongly. There was
no necessity to hear the defendants coun'
sci. 1t would have been waste of time
when the court was convinced he was
right. Bat hasn't the opposing counsel
right to attempt to shake that conviction
The disagreement of the jury shows the
possibility Of success to the State. But the
court exercised its discretion, and very
no doubt. for Judge knows much
more about these matters than newspaper.