New Orleans Republican., 1873-06-26
THE ATTEMPTED ASSASSINATION
TRIAL OF RAILEY AND COHEN
Third Day.

Daniel Jones-Lives Ii New Orleans, ol
GasdUet street, between Broad and " hlt'
streets-Have been here eight or nine years
worked at various empiOyments till he be
came cOachman for Governor Warmoth
left him third day of January, 1873; know
the defendants: dom know where detendan
Cohen was employed or what business Ia
was in in May last: don't know anything
about the shooting: was not at tht
shooting; on the morning OF that daJ
went to Governor McEnery's Office abOu'
nine or ten O'clock; waited there two Ol
two hours and half went there because hi
heard they were going to Kill every nlgSel
in town; while he stayed al the office there
were some fifty gentlemen il there who
We're discussing what they were go
ing to do that day: there was q
gentleman there who favored Mr.. Cohen
very much; l know Mr.. Cohen; | think
saw Mr.. Railey there; l don't know IT ne
was in the. habit of going there. In an
swer to question if Mr.. Cohen was there.
'Wil you allow me to iook!' Looks.
wasn't it was his image: that is Mr.. COhen
over there [pointiny toward Messrs. Whit
ney, Cohen and Cateliauos.l The latter
rose and said, Me- Oh. no sir, the mid
die man; there was a gentleman there
that favors Mr.. Railey very much: these
fifty gentlemen appeared to be engaged IN
caucusing; think Mr.. Cohen was there:
was not present at the shooting: heard Ot
it about half-past five: was at the Widow
Dunn's house at that time, or Canal street.
On crossexam;naton-Th meeting at
the officer was not later than eleven
o'clock: it was the same day OF
the meeting at the Clay statue: went to
Governor McEnery's ctnce for my own
safety: there were present Governor Nc
Emery. Governor Penn. Dave Powers, Sen.
ator Jenks and senator with long beard
whose name l can't call: there were over
fifty people there: staid over two hours;
people were coming in and going out; I
thought it was a meeting from the way they
were caucusing among themselves; talked
with Mr.. Woodward and the Senator whose
name can't recollec.: I went there because
| heard there was going to be an attack ON
the co.ored people; l am sure 1t was that
day; | don't know of any Other meeting
that day.
NJ. Barrett was called.
The Attorney General said lie would not
put Mr. Barrett on the stand. as he lad IN
formed him he would not disclose what had
been confded in him II great confidence.
and he was not disposed to press him.
The case Cor the prosecution was chen
closed.
Mr.. Semmes, on opening tie defense. de-
INJURED to the evidence on the part OF Mr.
Raiiey, on the ground that there was no evil
derce against him. Even if there be some
testimony, the court may submit the case
on this to the jury. On demurrer the
question for the court to consider ID whether
there is any evidence tending to convict.
There are two questions. The mere pres
euce is conceded. At this stage of the pro-
ceedings there is evidence tending to show
that Mr.. Cohen did assault Governor kel-
logg. There is no evidence to show that
these defendants were ac!uainted-thac
they had any preconcected action: no evi-
dence to show that lie was attracted to the
place by anything except ordinary curios-
ity. Il is not shown tha: be had any
arms. 1t is not showr that he had made any
threat. He made no threatening gesture.
He merely expressed lis opinion. The only
other language is that Of the person who
fired the shot. He sad: "i'I: fix you" Not
"c. but I.
The Attorney Genera. replied that this
was entirely out Of place. Coun-
sci for defense have no right to denur to
the evidence. That practice does not pre-
vail in this country. The presence of Railey
is established, but now the question is. was
it peaceable or lawful presence! He
v,-if oil vI
congregated together. Railey was there.
Suppose it should be found out that some
one else besides Cohen fired that shot, it
would not relieve Railey. They were all
there. They were all guilty.
The court said that perhaps on a de-
muvrer to the evidence. where the State
joined issue. the case might be taken from
the jury. If the motion came from Cohen,
on an affidavit that he lad no other evi-
dence, it would make strong poin: to sub.
NIT the case OF Railey first. that he might
testify for Cohen. But the motion came
from Raiiey. II can do him no harm to
wait. should have 20 objection to allow
the case of Railey to be submitted without
any evidence from the defense being offered.
But I am Of the opinion that the statutes
Of this State have restricted the discretion
exercised by judges OF England.
The court declined to take the case from
the jury. Motion over-uled and defend
ants reserved bill.
Mr.. M. M. Cohen opened the case to state
he evidence which the defense would pro.
luce. What they expected to prove was
iir. Cohen was seated at his desk perform.
pg his duties. His dinner hour having
,ome, he came down to the door and saw
he carriage of Governor Kellogg driving
uriously by the office. He went into the
counting room and procured pencil and
'aper and than went toward Natchez
treet to learn the facts. The defense will
how that several men saw who fired the
not, and it was not Mr.. Cohen. They will
how that the dress described was not
he dress worn by Mr.. Cohen. Tie;
will prove that he did not work in
n insurance Office: that Mr.. Cohen never
ttended political meetings: that he was
amily man. having no interest in polit.-
al affairs, fond Of literary pursuits, fond
f the society Of his honcred wife and his
air daughters: that he is peaceable, quiet.
miable, courteous and polite gentleman;
hat he never carried pistol; that be was
verse to strife or political meetings.
Mr.. f. j. Ellis, for HIr. Railey, opened by
egging the jury to remember the opening
7ords of the Attorney General. that this
7as not a political trial: that political
uestious were to be discarded. You must
e only influeaced by tho evidence. You
lust be dumb and blind. He would show
he manner of Mr.. Railey's appearance at
be scene of the shooting. A: that time he