New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-20
ORLEANS SATURDAY, SEPTEMBER 1873
THE HARVEY HOMICIDE.

| The following are lew extracts IRON
the eloquent address to the Jury by Acting
| Attorney General Braughn. in the case OF
the State VS.. Joseph May. alias Sello The
accused was indicted for the killing of l-o'iS
Harvey. February l6. 1873. in Algiers:
! The Acting Attorney General. Judge
! Braugtn. on rising 10 close the argument
! tor the State. said:
I Gentlemen Of the jury! sympa:hize with
you. | presume that your feelings ana
| your desires in this matter somewhat re-
| sem BILE my own. | am here TO discharge
stern duty; to prosecute IN the name OF
| the State of Louisiana such OF her citlzens
as violate the law. And am sworn t. do
it honestly. Justly and .mpartlaliy. You
| are here as representatives from the Dody
| of the people taken from. its midst 20 truly
| try and deliverance make between Che
| State OF Louisiana and one OF Its citizens,
| who is accused OF a high crime. 1herelore
l saw your duty and ,nins are alike.
| Gentlemen. while listening 10 the
remarks Of the counsel Tor the &C.
cused l came 10 :h. conclusion that
on. of the two gentlemen thought he
was in a debating room. where politics. poe.
| try and political economy are discussed, and
| that the other had an idea that ls was
| PLAYING the role OF exhorteV IN Methodist
camp or revival meeting Ia laugh trying to
ram hs dogmas down the thrOats OF hiS un'
happy hearers.
Gentlemen, an, shocked, astcunded. aye.
| Mortified to hear such efforts az those mace
| bv them in q temple Of Justice. am aston'
ished, gentlemen Of the jury. that disciples
] of the law, officers of the court sworn to do
! their duty. intrusted with the liberty and
! lie of their client. should SO tar travel from
| the record, the law and the evidence. and
! come before you with speeches watch arc
more tited 70 the political club room and
the hustings than t. the precincts Q: court
I OF ju5ticee
| l am here. gentlemen. as an hr;nbie repre-.
| sentative OF the State. relying upon the
! facts and the law to prove TO you
! that che prisoner at the bar is guilty OF the
crime with which ie stands charged. and
| under the supervision OF the learned judge.
whose synpathies, like my own. are always
with the accused. shall present for your
! consideration tine :acss and the law. and
! them aloneo
! But while I SPEAK OF facts. the learned
| counsel on the other side give opinions.
I When read law they quote from the History
| of England. When ! prove to yon tha: the
! prisoner al tine ba. committed wantOn
and :ou! murder. they talk 20 SOU OF
| Richard Cnur dc Lion. When I speak to
! you. gentlemen of .he jury. as representa-
lives Of the people. ~ representa-
)
| of the law and the facts. counsel
| talks to you about the rorpas joris cicihs.
I Do you understand what he salds what he
meant. Has T.. explained il to you! Are
1 YOU here as professors Of law. Are yOu
! here as historians. Are you here az experts
| in language or are y"u here as jurors TO
! trr and true deliversnco make between the
| prissnee and the State Of Louisiana: !
! venture 20 assert that you know zoo well
! and are too deeply impressed with IFS
| sacredness TO forget 90: , single instant
! that the latter purpose is the one Tor which
I you are here, and that while you can not
! fail 90 admire the er;di.ion and dramatic
! and poetic attalnnieDts Of the junior co'ii.
! sei for the defense. and the equally im.
I pressiye and ornate osatory OF the Kew. Dr.
/! Fisk. yon will not hesitate 20 do yous DUTY
! by bringing in a verdict os guilty.
! Gentlemen o: tue jury. the junior counsel
on che ether si!e--tne junior Only IN years.
! will take occasion 20 cay. OF his ilstin'
| guished co.leagGe-very truly remarked
| that the drama Is All institution calculated
| 10 instruct and elevate the people. ! agree
| with him. Such j. its mission. such Il s;s
destiny. bG. while the drama proper does
| confer blessing. upon mankind, the benefits
! which flow :rou. burie.qu.s are o: as doubt
| :l.i "a character as are ,i!e legal services 0'
| some gentlemen who t.Ave.tv the taW aHd
! make mockery OF justice.
| Counsel ia ; said :hat ii.:orted the fact,
! liz nly opening argument. This means that
I have ynis-.ts'ed the evidence Gentlemen
OF the jury. ! would disdan to 10 so: /
| would he ashamed 20 do so. l am not here
! Tor that purpose. l am here 20 prosecute
F.! no. Dersec.lse, and 40 shed innocent: blood,
! and I would not. as God is my judge. SAY to
| you one word excep. sCcb as believe 20 be
! true: l would not recite to you one syllable
OF evidence unless ! ie,. sUre you had heard
! il before from the witnesses on she stand.
| may commit errors because perfection IS
! impossible. but l ain blessed with good
| memory which hope and believe. backed
! as i. is bv a stropy desire ~ do only the
I right. makes such an act as distOrtiny evi-
I dence almost an iinpos>ibilIty on my part.
! But If have erred, !et you. who have lis
| tene.; patiently t. the testimony. q. the
| Judges.
! Has the counsel who 80 boldly stated %
| yon that distorted the :acts shown that
| did SO, Gentlemen Of the jury. ] was
eagerly listening 10 hear him prove what
1 he asserted. bat in vain. for not only has ne
no. proved il. 5u: ae has not even made an
! attempt - do SO.
Gentlemen, the arguments Oi counsel On
! the ether side were either made 90 you un-
| der the impression that you were incapable
OF understanding things. or they were
made to YOU willtul!y. deliberately. for the
| purpose vi inducing yen 20 believe what ~
! not sc--.hat had distorted the facts. Gentle
! men. when sec such attempts 10 influence
| the minds of a Jury AS have been made bv
| counsel for the defense. l feel like Mare
Antony did when standing by the body OF
Cesar. and exclaiming-
I 80 Judgment. thou arr ,.rd to hclitisa beasts.
And ue. have lost tLely veSto2.
Gentlemen Of the jury. counsel On the
other side have openly told you that they
! abandoned the law: they have openly told
| you that 1--WE appeal to human nature: We
! appeal 70 the history o. Engla and to The
| works of Sir Walter Scott, to Caur de Leon,
| Roderick Dhu and James Fi:zjames." Gen
! tlsmen. all this il insulting to you. intei!i
! gence and common sense.
| They told you there was a missing link;
! they admit to you there is something be-
| tween the ouarreling III the grocery and the
| killing OF the man Harvey. What is that
| missing link Where is il: 1t will be sup
piled by your unders landing. I, is the
! malice and premeditation. the de,ermin-
tion on the part Of the prisoner 20 kill the
! the deceased Again. the gentleman tells
| you. I'VE had a witness we could not
bring: we had a witness who could fill up
the hiatus, but who Is sick in Agiers. You
!. W i'll remember that ] told the court that
| had no obectien to have any and every.
| thing done to enable these gentlemen to
| make a valid defense. Accordingly the
court adjourned yesterday. IN order that
the witness may be here. but in place OF her
we have a doctors certificate showing that
this all important witness is suffering from
a sickness that will not permit her to come
to court. Let rs ses. What is that sick
ness! Uterine displacement: and that IL
given as a reason why this witness, upon
whose testimony life and death depended,
could not come. This. gentlemen OF the
jury. is absurd. Could not come 20 court
because. forsooth. she is suffering with what
| thrca ,rnrnan ont of every five in the State