The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1873-07-02
case Between Judge Hawkins and
the PicayEne.

l. Objections to taking up the case
Overruled.
2. Ask for an attachment on Pelagie
Brown, to compel attendance. Over
ruled.
3. Challenge the array of jurors be-
cause not summoned according to law.
Overruled.
4. Opposition for summons on trial.
Overruled.
S. Objections to one days proceedings
Of company being received in testimony
If part, the whole ofthe minutes must
be in testimony. Overruled.
6 Proposed to show, t Il a t Judge
Hawkins and all other members of the
Lynch returning board-obtained off,
ces. Overruled.
Z. Judge Dibble, asked whether, at
the caucus which nominated Judge
Hawkins for Judge, it was not stated
that the services he had rendered the
Party, as an actor in the Lynch board,
entitled him to the nomination. Over
ruled.
8. All testimony in justification over
ruled; and the case restricted to a
proof of perjury (Which in the dictiona-
~ means simply false s,cearing,) to a
case of conviction after public trial in q
Court of Criminal Jurisdiction.
9. Judge Hawkins offered in testi-
mony, under the Civil Code, in MAX
ing Parties to suit Witnesses on it's
trial. Objected to, and Overruled.
10. Governor Warmoth, asked, Gas
the Governor of the State was it your
duty to, and did you receive the off
clal returns of the last election 2" Oh
jected to and overruled.
IL. Col. Rhett asked the question
whether, in publishing the article in
the Picayune against Judge Hawkins,
he was actuated by any feelings of per-
sonal hostility against Judge Hawkins"
Question ruled out.
IL. Col. Rhett asked, chad yOu in
your possession, at the time of tho pub
lication of the article complained of in
this case, the proceeding of the Senate
committee upon Louisiana Matters"
Answer objected to and sustained.
Our readers are not lawyers; but
they cannot fail to see, that every thing
which goes to prove, that the article
complained of as libelous, was not die
tGted By malice, and is true, is carefully
excluded from the defense, by the rul-
ings of the Judge.
Nor have any Of the TRANSACTIONS
personal or political, which occasioned
the article, been allowed to enter into
the case.
Even Judge Hawkins own acts, in
direct connection with the charges
made against him, are ruled out as ir-
revalent to the case. His own testimo-
ny, which it might be supposed, if in
nocent, he would rejoice to give, and
thus vindicate his character, and dis
prove the allegations made against
him, he declines to give; and the court
sustains him in his abnegation. 1t was
to meet just such a case as this, that
the laws of Louisiana gave the right to
a defendant, to call his accuser face to
face with him in the courts of Justice.
to which he shall appeal; and there, if
wronged, to enable him to prove him
self, the wrong; but if guilty, to bear
the investigation of his acts, for the
vindication of justice.
The whole course of the trial is
bald attempt to screen Judge Hawkins
from exposure; and to exclude the
truth from the jury; and thus compel
them to perpetrate injustice, from an
ignorance of facts purposely and wrong
fully withheld from them. We doubt,
if such spectacle has ever been ex.
hibited before in the United States
or amongst any people pretending to
be under government Of laws.
Complaining of Malice--no testimo-
ny will be admitted to disprove it.
Complaining of an unjust charge of
perjury, which, in it's most prominent
and usual acceptation, is "talse sacear-
ing"--no testimony is admitted to
prove the fact of false swearing.
Assisting to perpetrate the crime
against the State, of overthrowing her
elected government, no testimony is
allowed to prove his vicious agency, or
the personal benefits the complainant
has received in connection Herewith.
And when these constitute the whole
offence charged as constituting the IL
bel against him, Court of Justice,
neither in Ashantee nor the Fee Gee
Islands, but in the United States of
rules that they are prevalent
and illegal;-and the Judge, stung
perhaps with keen sense of the stain
ess purity of his administration, cries
IL e.. kiIA -.