New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-25
COURT RECORD.
FRIDAY, OCTOBER "a, 1873.

superior District Court.
The calling Of cases will commence .c
morrow, Saturday, morning.
First District Court.
PLEADED NOT GUILTY.
Assault and battery-A. Cartwright, I
Mcnamara, Henry johnson, Marie AL
phonse, A. Ambruster.
Larceny-Thomas Davis, James Rome.
Tresspass-C. Mccarthy.
False imprisonment-J. Cullum.
Obtaining money under false pretencAs-
John Butler.
Robbery-Granville Dtaney.
Entering dwelling house, etc-~Alel
Lesassier.
Setting fire to and burning . building
Lawrence, George and Dennis Cropaa.
NOT A TRUE BILL
Perjury-E- 3. Benton.
TRUE BILL.
Extortion under color OF ctfee-s. W
Otis, fifth justice of the peace.
ON TRIAL.
State We. Charles and Mary Burgess
Rape, etc. Mrs. Kelly, recalled, and iden
tilted the clothes which the child had worn
Counsel for defense objected to the ex
hibition Of the clothes. Overruled.
Caroline Louisa Dunning called, and de-
tense objected. Overruled. The child ap
peared bright and healthy, as Mrs. Kelly
had testified; she carried small doll in her
hand, which attracted much Of her atte1
ton; questioned if che knew what would
be done to little girls who told stories said
God will punish them.
Counsel for defense objected 70 the wit
ness, as she had been prepared. Overruled.
She told the story of the abuee she had
received; said he told her he would kill her
if she did not keep still; she said he had
committed both crimes, and detailed the
other assaults; Mrs. Burgess had held her,
and threatened her if che did not keep still;
she had been stolen from st. Louis while at
play, and her mother did not know of it.
No discrimination, and the case for
the State was closed.
Mr.. Whitaker then addressed the jury,
and appealed to their sympathies for his
clients. He should show them medical tes-
timony that no rape had been committed.
DR.. James Bruins testified that he had ex-
amined Mrs. Burgess, and considered her
mental condition very inferior; her memory
was bad; abe could not tell when she was
married or the names OF places and persons
she ought to know.
The State crOss-examined tho witness on
his opinion as an expert in cases Like the
one at bar.
DR.. Roudanez testified that he had made
q careful examination of the child the day
after she came to Mrs. kelly's. There was
nothing in the physical appearance to indi-
cate to a physician that a rape had been
committed. HAS sodomy been commit
ted % mo, SIR" All the sores are Of the
same character of those on the wrists,
by the same cause.-the friction of a string.
The witness illustrated the manner in which
the string had probably been tied TO pro-
duce the sores. The witness was persuaded
that was the manner the sores had been
caused. A long crOss-examination did not
alter the substance of the testimony. Wit
ness had had cognizance of many cases Of
crimes of this character.
DR.. Brink considered Mrs. Burgess men
tai condition beneath the medium.
The defense offered Charles Tower, a
grand juryman, to prove that the little girl
had said, a few minutes before, that she
had been tied AS DR.. Roudanez had de-
scribed. Ruled inadmissible.
The State, IN rebuttal, called Captain
Freneaux, who testified he had had charge
of Mrs. Burgess six weeks or more, and
considered her as sane as any prisoner.
DR.. Cooper considered her sane, though
mot Daniel Webster by any means"
Counsel for defense agreed with DR..
NOOptT ludU Iuc ulncICuCO was COuoluCIoUiCs
The testimony in the case being all given
to the jury, the court said it was important
that the case should be argued and would,
therefore, adjourn to Saturday.
Parish COurs of Carrollton, ". B. Hymah,
Judge.
State vs.. A. s. COwan.-Suit for payment
of license of $500 as distiller and twenty
per cent damages. Defendant rendered a
judicial warrant, which the tax collector
refused on instructions from the State
Auditor.
The court rendered the following judg-
ment:
1t is ordered and decreed that plaintiff do
recover of defendant the sum Of SIS and
costs Of suit-the balance Of plaintiffs
claim having been paid by defendants ten.
der and delivery in open court Of the war
yan. No. Il, 26S; and be il further ordered,
that on the payment Of the Judgment, the
INJUNCTION issued IL this case lie hereby dis
solved