New Orleans Republican., 1873-06-27
THE ATTEMPTED ASSASSINATION
TRIAL OF RAILEY AND COHEN
Fourth Day.


All the counsel appeared. Mr.. Randolph
who wen. home i'll the day before, appeared
to he suffering. There was large attend
arce as usual. As on the previous days the
order OF the court was perfect; there wal
no crowding. no standing up, o. moving
about. Mr.. H. L. Burns,.t the clerk OF the
court, attended to the duties Of his office IL
his usual etficien. and courteous manner
Tho deputies of Sheriff +. A. Martin
Messrs. john Jordan. as crier of the corIt
and Henry Faber. "who sa: hard by the
gate and kept the fatal key" never los:
their good temper or contro! Of the au.
dience. The patience. fairness and learn
ing of Judge Pardee have won praise from
al! attending the court.
The case closed somewha: abruptly and
a large amount of legal eioquence wae, by
General Semlnes' unexpected announce
ment. prevented from overHowing. The
first witness was
W. NJ. Randolph. Esq.-My office is on
the corner Of Camp and Natchez streets:
that day passed the st. James Hotel to-
ward Natchez street, then TO my office; the
firing occurred before turned from Gra-
vier street into Magazine; l saw Mr.. Cohen
before ! got to my office: had a converse
ton with him: he was coming from Camp
street; stopped moment: asked a Gues.
tion; he had something in his hand; l knew
him in the capacity Of a reporter OF the
Picnyune for several years; ne is a peace
able. quiet and always courteous gentle
man: never heard him speak Of politics;
saw no carriage; it was about four o'clock
On ss-examination-The crowd corner
of Gravier and Magazine streets was large
enough to attract my attention; it was IN
front of Morgan's; there were fifteen or
twenty persons up there; passed up Maya
zine street on the st. James Hotel side;
crossed diaxonally; Mr.. Cohen has written
ARTICLES: knew that Kellogg had been shot:
did not see or hear the shot; saw Mr.. Railey
on the banquette; got q glimpse of vehicle
just turning the corner Of Natchez street.
julius Fox. sworn q cOir dire-Was in the
courtroom the night before when Mr.. Nc.
Daniel and Verlander testified: had not
been summoned; was told to come.
Mr. Cohen made the point that the wit
ness did not know he was to be summoned,
and consequently was not within the rules.
The truth ought not to be shut out from the
jury because of shadow of technicality.
Mr.. c. z. Whitney added to Mr.. COhen's
remarks the point that the rule of court
was that in case witness appeared in court
during the taking Of testimony it should al
feet the credibilitv, not the admissibility.
The Attorney General said his learned
friend was usually stickler for old rules
the crossing Of t's and the dOtting of is.
The rule was called for by the defense.
These immortal landmarks are sanctioned
Inv The HpfaOGa in ha
cumulative testimony when the rule has
been violated.
The court said the matter was in its dis
cretiOn to admit or not. The usual rule is
70 punish the witness for contempt and
then admit the testimony subject to the
circumstances affecting his credibility. The
defendants have not taken advantage.
Rather than take the responsibility of keep
ing important testimony from the jury he
would permit the witness to be sworn. He
gave the benefit of the doubt to the admis.
sion of the testimony.
Mr.. Fox then said l was at Morgan's Of
flee: saw Mr.. Kellogg; heard Mr.. Railey
call him q id scoundrel: think Mr..
Kellogg said. THANK you,' and stepped
into his carriage; as he drove OFT man
stepped from the crowd behind the carriage
and fired at Mr.. Kellogg: know Mr..
Cohen; he was not the man.
On cross ss-examinatiOn-Live at No. 37j
Magazine street with my father; am pur-
chasing clerk; was taking the mail to the
boat: was twenty or thirty feet from the
man: saw his back first: was young man
about twenty-five years old. with light
clothes: not positive about his clothes;
cant tell about coat or hat; l think he
was a blonde; didn't look at his hat: looked
at his face; wouldn't know him again if !
saw him; was about as tall as witness and
don't know what height / am:
can't describe his face; heard him fire; saw
smoke: came up yesterday to hear the
case: some of my friends were testitying;
Mr.. Morse told me to come up; heard part
OF Mr.. Velanders testimony; read it this
got here at a quarter to eleven;
our house is on PerdidO street: saw a crowd
on GravIer stree: and went up there; leave
the office about four o'clock: have until
tive o'clock to deliver the mail; the man
was on the other side: didn't point him
out to any one: didn't feel any interest in
the matter: didn't care whether Kellogg
was shot or not.
Frank Schacksnider-May 7 was in the
city in office up to about halfpast four;
went to postotfice: ! was at the cornor of
Na;chez and Magazine streets when Gov
ernor KellOgg's carriage passed; ! saw
Young man shoot at the Governor: l saw
Mr. Cohen for the first time this morning;
he is not the man that fired the shot.
The young man stepped from the crowd;
had light moustache. fancily dressed: was
a young man: didn't take particular notice
of his clothing; did of the man: he looked
round and then walked Oft; when ! saw
him last he was going toward TchOupitOu-
las street, across Magazine street: lost sight
of him then; stated that recognized the
man who did the shooting: could recognize
him again; never saw him before or since:
was requested by friend OF Mr.. Cohen to
come here.
Mr.. Flowers was offered TO show what
the duties of Mr.. Cohen were. and why he
took pencil and paper after the shooting to
report it.
The court said it was immateriaI, and the
witness was withdrawn.
James Smith-Has not been in the court
room; wa. in front of Morgans office when
Kellogg was shot at; saw him 60 into the
office and saw him come out; saw the man
who fired the shot; know Mr.. Cohen:
know him well: know be was not the
man who fired the shot; l stay around Mr..
Eolger's place during the day; that is on
Ma gazine street. near corner Of Natchez:
l know Mr.. Cohen is not the man who tired
the shot.
On cross-examination - Was staying
around with no object in view: didn't care
saw Kellogg or not: know him
well; have seen him frequently: was about
five or six PAGES from the carriage; didn't
see the Governor get into his carriage;
didn't pay any attention to the language
used the man who fired the shot was a
younger and simmer man than Mr.. Cohen;
he was not more than ten or twelve PAGES
from me: saw the side of his face only;
was on the lower side from the man: this
man was taller than Cohen and younger
E. Boisblanc-Was in Mr.. Valleton's auc-
ton store at the time of the shooting; saw
The Governor get into his carriage: in a
moment ! saw . man fire pistol into the
carriage; ] saw the man; ] know Mr..
Cohen: swear he is not the man.
On crossexamination-i had glance at
8. l., N, IN NJ ha fired the ahof at the moment