New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-28
The Burgesses.

The long trial has almost ended. The
labors OF the Overwerkei counsel have
ceased. The 1nexhaustible patience
Of the court will be tested no longer
Yesterday Mr.. Whitaker opened his argu
| fnent, and travelled over the same road that
MIR. Braughn did on Saturday. Not point
was lost. not WORD OF testimony uncom-
mented on, all the Law thoroughly re-
viewed, and the cause of his clients feel
ingly presented to tho jury. 1t was an ar
gumelt we'll fit TO stand by the side of the
effort Of Mr.. Braughn As different as they
were opposed TO each other, dissimilat as
the manner Of their authors, exhaustive of
che entire subject from opposite points,
both learned, eloquent and convincing, were
they published verbatim, side by side, they
would be monuments of honest labor.
Mr.. Dalsheimes made a briefer appeal,
and it is saying TOO little of him to praise it
as the best he ever made. His ability and
eioquence are unquestioned, but he sur
prised even his most ardent admirers.
Colonel Field closed the case. His speech
was not long, but more than usually effec-
tive. Every damaging circumstance was
clearly recalled to the minds of the jury.
At times, when he became earnest and his
voice echoed over the heads of the silent
crowd. they were swayed to and fro like
the ;rees Of the forest by the autumn winds
At one time, when in the heat of his argu-
ment. he used stronger language than coun-
sci for the defense thought right, the woman
burst into loud and uncomfortable sobs. At
last he finished, and the court charged the
jury.
Mr.. Whitaker desired the court to charge
on certain points. aud was refused. The
jury then retired, and are still out.
The mob hung around the courthouse and
the streets for a long time. They were the
same bad, irresponsible, lazy crowd that
have appeared each day. The same igno-
rant faces that have watched with avidlty
for each development in the filthy case now
expressed only vacant hope. They were
the same "angry crowd which follows the
heartless fends from Jail to courtroom
daily" and which the REPUBLICAN "sneers
at" 1t does more than that. It denounces
them in as strong language as can be used
with propriety. They do not "come up to
our standard of right" Neither does
G'Roundabout" in the Times of Sunday.
Because the counsel for the defense pleaded
the coverture of Mrs. Burgess as ground
for discharge-and for "Roundabout's" and
for "Blackstone's" benefit we will say there
is not single authoritative case opposed to
its this proper sentence to write:
To tell the simple truth, people are be.
ginning to wonder whether legal genius
or if criminal nomenclature does not re-
quire overhauling.
Tinkering with law by unskilled men has
ruined The judiciary of many State, but
this sentence shows capability for mis-
chief beyond belief:
There was not human being in this city
who had seen the child or heard of her. but
thought it as clear a case of murder-and
murder OF the most appalling description-
as ever blackened the calender of hell.
Roundabout would hang the Burgesses
when the corpus diiicti marches to the wit
ness chair and testifes to its existence.
And after that it accuses the REPUBLICAN
OF being paid to defend the Burgesses. BY
whom, pray: A certain article, written
perhaps with more vim than expected, de-
nounced mob outrage. What had that to
do with the crime of rape! Is it logical to
say that a desire to have The peace pre-
served is evidence Of wish to screen
breakers of the laws of man and the edicts
Of God: Because a mob is held up to exc
Grafton, is crime praised The idea is alb
surd. When the crime of the Burgesses
was unearthed no paper had more condem.
natory language than the REPUBLICAN.
Nothing has ever been said to shield them
from the punishment they deserve. Blu:
when they came before the jury the case
was different. They were to be tried, and
not by newspaper. They were to be de-
nouncsd, but the Attorney General was
the only one who had the right to dc
it. They were to be defended - and
they had counsel because they could not be
tried without. They were to be convicted,
but jury were to do it. They were to be
sentenced. and all knew the judge would dc
his duty. They might be hanged. and the
law has provided for that. What has mob
to do with any stage of these proceedings!
What right has its voice to be heard! What
right has it to be defended. Would it be
an honor to Roundabout. if its encourage
ment had caused that mob yesterday &c
lynch the criminals:
Incit!ng riots is favorite pastime with
the Times. If it can fan fawless fame
into bloody eonflagration it believes its
mission Is accomplished. Its incendiary
talk produced the riot of 1866. 1t has no,
failed to oppose the side of law and order
1t exulted at the possible success of the
jackson square mob. 1t sympathized with
them in their defeat. And now it appears
as an advocate of lynch law. While every
law abiding person glories in the fair trial
the Burgesses have had, and will submit to
any verdict the jury may render, people
who shave not lost the instincts with which
they were eborn," nor acquired any useful
knowledge since that lamentable event
loaf around the courthouse and yelp at
their betters. They may remember their
traditions" but they are traditions which
good men would be ashamed of.
But it will make no difference. There is
not enough material in New Orleans to
make mob powerful enough to harm a
hair of the head of either Burgess. They
are under the protection of the law.
Guilty or innocent, acquitted or convicted,
there is not an honest hand or voice that is