The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1873-07-23
Muzzling the Press.

=, denpnciatiOn at the free press of the
10 ,,trv, and Enthusiastically complains
s so it is free, he echoes the spirit of
w. administration in Louisiana, where
.a'snpporters are engaged in making
r,r through the courts upon this last
s .fnge of popular liberty. For COM
l Fanfine at the time of the election
p nan the conduct of Jacob Hawkins.
apsmber of the Board of Canvassers, as
~ deserved, that individual brought
" y action for libel against the New Or
nsns Pi3ayune, laying his damages at
stC1 900. The case was brought be-
%re Judge Lynch, who owed his seat
~ :" the bench directly to the fraudu-
S ,.at returns made by the Hawkins
hoard. Thus a judge assumed to try
.Sa case who was interested in it's is
.ne mite as much as Hawkins: and as
'%s laws of Louisiana allow the defend
.nt TO prove, if possible, the truth of
'hs libel in justification, his presence
~ the bench was sufficiently signifi-
-. ,ant Of the predetermined result. In
nrotectng the plaintiff. Judge Lynch
rTould only be protecting himself.
hawkins and his board were denounced
mr being guilty of the grossest fraud
n returning individuals as elected who
"aver had been elected, and Judge
holding his seat by the very process
1enounced sits in Judgment npon the
aennneiation. He not only tried the
case but he bullied the jury like an-
otber Jeh'ries, ordering them back to
confnement when they reported their
inability to agree, threatening them
with perpetual imprisonment if they
dil not lind verdict, and at last ST.
lppeinc several of the jurymen, who
Subsequently protested that they sue
enmbed only to superior force. Six
aeorocs, four Kellogg men, and two
Democrets composed this intelligent
jury. g..
dent. was to establish the truth of the
slleoations contained in the offensive
matter charged as libelous. To do this
il was necessary to prove the false
swearing of Hawkins as Il member of
the Board of Canvassers. But Judge
lynch peremptorily refused to let the
counsel attempt it. He would not suf-
fer him TO show how the pretended re-
torns we're made up. He denied him
the use of the very witnesses upon
yhom the Picaynne relied. He refused
to let Hawkins himself be put upon the
stand for the defendant. He would
nat even suffer the cross examination
of the plaintiffs witnesses, and his rul-
ipgs from first to- last We're auAaciously
Baftial aud infamous. Finally, the
Judge abruptly told the Picayune's
cOnnsel that he was occupying too
mach time in discussing the admissi-
biIsy of evidence, and gave notice that
that branch of the defense should ter
inmate. And after suppressing every
tlliDg that could be relied upon by the
defendant as evidence, the jury were
severely charged and retired. Their
first impulse was to give Hawkins sew
euty five thousand dollars damages,
but they disagreed, came back into
court. we're again hustled out by the
Bench, aud at length, after four hours
further dsliberation, came to a conclu-
sion. As they were pulled one of them
desired to make an explanation; where
upon Judge Lynch vociforated: ave
DO not want any remarks" and an
other Juror exclaimed: "Weil, Judge,
they forced us and we had to give in"
And Judge Lynch sat and received a
verdict rendered under pressure, an oc-
currenca unhcard of in the history of
Louisiana jury trials. But this was
not the worst of this scandaiOuS work.
When descending to the jury room the
second time, the crier ana deputy sher-
if, appointed just before by Judge
Lynch, slipped into the hand Of a :ju-
ror q paper thus inscribed: "Your
friend on Charities Street has five hum
dFed dollars tor you, if you will go
with the majority" The verdict was
for $4,000 damages to Hawkins.
Here, then, is justice under the kel-
logg usHrpation in Louisiana. 1t is
certainly without a parallel in this
country. 1t was Hawkins who elected
Kellogg, precisely as he elected Lynch
DurelI only recognized the Hawkins
fraud, and the Marshal called upon the
President to enforce the decree. That
the President is just as responsible fol
this verdict aud the fragrant outrage
on common justice and deeency as be
IS for Kellogg, through Du,ell and
Packard, needs no assertion. The
Whole combination is bent on breaking
dnwn q lrGn nrnSs nnI Snnntnr Cnrnnn.