New Orleans Republican., 1873-06-27

| coming up Morgan SlOe O1 NagdIlu
street: the man who fired the shot was
iOw-sized man with light moustache, dari
coat. light pants, silk hat: was as close II
him when he came back as am to the jury
saw him fire in the distance; ne passed me
l didn't try to stop him: he went towart
Gravier street; there was SO much excite
ment l wanted to get ont Of the way;
think would know the man if ] saw him
never saw him since.
A. NJ. Holbrook-Have lived in New Or
| leans forty years as editor of the Picayune
Mr.. Cohen was in my employ about tive
| years: he has a very good character; never
knew him to carry arms: he is OF a very
peaceable disposition.
| No crOss-examinatiOn.
C. Tav!or Gauche-Place of business il
No. Il Natchez street. opposite the back
part of Morgans office; on the day OF the
shooting was standing in the door way and
heard shout and a shot fired; then saw a
carriage driven rapidly through Natchez
street; saw six or seven men on the corner;
don't know Mr.. Kellogg; turned to go toward
Magazine street; stopped a minute or two:
then turned and saw Mr. Cohen coming
rapidly from Camp street; he came and
talked TO me: then he went to the crowd:
about fifty or seventy-fve men had then
gathered; Mr.. Cohen was asking questions:
l knew he was reporter; it was not more
ing; have known Mr.. Cohen five or six
years; he is Of amiaole and peaceable dis.
! position; didnt notice him after that; know
Morris Murrell: had conversation with
him. iHere the defense was only per
mit1ed to show that the witness had called
Murrell to Cohen.
On Oss-examinatiOn-The shooting must
have been done by one OF the few men at
| the corner.
James A. O'Neil-I was at Wheelock &
Finlay's at tie time OF the shooting; saw a
carriage in front Of Morgan's; knew it was
kellogg's; waited for him to come out;
some gentlemen spoke to him; he got into
his carriage; ! then saw q shot fired; don't
know Mr.. Cohen; didn't see him there.
| On cross-examination-Th man who
fired the shot passed right by me; would
know him again; he was lOw-sized, little
stouter than MI. Cohen, about twenty two
or twenty-five years old: had silk hat, black
coat, and light pants; saw the pistol; it was
| revolver.
| Frank Murphy-Saw the shooting: saw
the man that shot at Governor Kellogg;
don't know Mr.. Cohen: Mr.. Cohen stood
upl; he is not the man who fired.
On cross ssexamination-Had to pass Nor
| gan's Office on way to pOstOfice; saw Mr..
| Ralley speak to the Governor; don't know
| what was said; the man who fired the shot
was small, fair complexion, light hair, tair
| skin. black beaver and coat: don't recOllect
pants or vest; didn't see any hairs on his
| face; was about height of witness, but
stouter; saw the pistol; the man went to
| Gravier street. after it was all over ! went
| to the pOstOtice.
NJ. NJ Cohen. Esq.-Mr. Cohen is . man
of family and Of good character.
The Attorney General admitted the good
| char acter.
The court here took recess.
NJ. NJ. Cohen, Esq, then announced that
| though during the recess he had endeav
ored to find his remaining witnesses, he was
| unable to do so, and would announce the
case for Mr.. Cohen closed.
Mr.. Semmes stated that he had no evi-
dence to offer in defense Of Mr. Railey.
The Attorney General then called on Rev.
| James NJ. Morrow, on his coir dire. The
! witness had not been in the court during
| this trial. Sworn-Live at the Edwards
House, on Camp street; l have seen Mr..
| Cohen: saw him the day Governor Kel-
| logg was shot at; was in horse car with
| two gentlemen; we talked of the attempted
| assassination: my friend sat beside Cohen;
| Mr.. Cohen said he had been present; some
! from house; Mr. Cohen said. "Youll sec
it all in the mornings paper:" he didn't
| say anything else.
This closed the case for the State.
The order of counsel was then arranged.
District Attorney Mckay then furnished
Major New with the following authorities
which he proposed to quote: ! Archbold,
l0i5-lS5s: 2 Archbold. 'l5, l25; Mills Cir.
Ev l02, l54; Ram. on Facts, 1852 Bish. Grim.
Law, 4S, 52.
Colonel c. w. Lowell opened the argu-
ment for the State at twenty minutes to
three:
May 10 please the court and gentlemen of
the jury-lt now becomes your duty to
listen to the argument. On the seventh
day OF April, Governor Kellogg drove from
his office in the pursuit OF his official busi
ness. accompanied by gentleman of his
staff and a personal friend to the Office Of
Messrs. c. A. Whitney & Co. He remained
there about twenty minutes and then
came out to enter his carriage. He
was then accosted by a gentleman
with insulting language which l will
not repeat, but which you have
heard in evidence. He left this gentleman
and stepped into his carriage. The driver
had reason to believe. from the crowd
which had gathered, that there was reason
to apprehend something unusual, and was
ready to drive Oft. His reins were gathered
up. As the Governor got in the driver
cracked his whip and the horses started.
As the carriage started there was shot
fired, evidently with the purpose of assas-
sinating the Governor Of the State. At
this time there was no difficulty in identify
ing Colonel Railey as the first party. He
was accordingly first arrested. Afterward
we learned. through the intelligence re-
ceived by the official authorities, enough
to warrant the arrest of the second party.
There is no question Of the previous good
character of the defendants. The State
has admitted the character. You know
that there have been good men who have
been guilty Of the highest crimes. ap-
pear here as the personal friend Of the
Governor. He has no personal animOsity,
not the slightest, against these men. But
he only demands Of you the execution OF
the majesty of the law. He demands of
you, with the high character OF the de-
PENDANTS, to execute the law. He demands,
if you find these parties are guilty, that
YOU cast aside all considerations of
their high character, and pronounce
upon them the penalty required by
the law. 1t seems to be admitted that Mr..
Railey was there. For what purpose!
Some one was there to create disturbance
with the person they have seen tit in their
testimony to call the usurping Governor OF
this State. They needn't have all gone to
see Governor Kellogg there. They might
have gone down TO see him at the Mechan-
ics' Institute. But this was result OF the
meeting the day before at the Clay statue.
These clerks lett their books, merchants
their stores, boys their errands, when the
Governor got to this office to see if the
threats of the day previous would be exc
cuted. Why was 1t that an accident car
ried all these parties there Didn't they
propose. melting a quarrel! Accept the
testimony of this from the stand, and not
from the mouths of counsel. Ii you find
that these parties came there for this pur-
pose to assassinate the Governor, not for
personal animosity, perhaps, but because he
| was Governor OF the State, then, without
prejudice against these parties, the Cover
nor calls upOn YOU to execute the law. 1t