New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-08

hIm, with no other result than that OF AS
pertaining that he had fed the State, and
up to this time his place of abode has not
been ascertained. Previous to his flight,
however, he informed Captain Edgewolth
that there were too many negroes on jures
| in Jefferson parish, and he did not expect
Justice from a trial before them. and would
not go to that parish to be tried.
A deed of the property destroyed. dated
| April u. 1869. was made by w. W. Logan
to George II. Lord tor $500. Lord. It
| appears only held tie property rs nominal
| owner, the real owners being Breard anu
| his partner. each owning one half. Subse-
| uuentlv Breard bought the interest OF his
| partner and became the sole owner, ana
| Lord. by deed dated July y, conveyed the
property to HedriclI. who made III the same
| act a pretended donation OF the property
| 10 his daughter, Mrs. Breard.
ChaIles A. Breard says. on beng ASKED
/ when he had bought this property !:
! bought it in connection with captain
| J. w. Blanks. In the summer OF IeO9 L
| purchased Blanks interest, ard the trans
| fer was made through by itther-in-law,
| as . donation TO INV wife. 10 the cues
| ton: Does that property stand ia the name
of your wife he answers: Yes. ~ duna-
lion from her father, bus az the same time
furnished the means for the purchase of
her property. did this only 10 secure her
ID nice, COIN iOI CdDIO lAl Hl4hCb thO
money to buy the place. The property
never was in my name, although | paid for
it. paid for the repairs on the house.
put the repairs on shortly after bought IL.
I bought the furniture myself"
The evidence as to the value of the house
is conflicting. Plaintiff 3 witnesses value
it at from $500 to $1,000, while several wit
hesses for the defendants estimate it At
from $3i00 to $500. DR.. Naudaiu. who
al, h,-p Ip !,
between $2iO0 and $500. He Jaw no re-
pairs except painting done by Brsard on
the house.
Mrs. Brearl testifes that the money her
father gave her was invested i'll this prop
erty. He gave her about $500 The last
furniture bought came to about Sl35. The
rest Of the furniture was purchased about
four years before the fire; it cost about
$500 She does not know what has become
OF Mr.. Breard. Does not know whether he
has left the State or not.
Breard and his wife were shown 20 be
persons of respec table connections and good
character up to the time OF the fire. Johns,
too, who acknowledged to have fired the
premises in question, was man OF good
reputation up to the same period.
The foregoing summary of the material
evidence for each of the parties at interest
is set forth as necessary to clear under
toDe determined.
The execution Of the policy by the fDsur-
ance company in favor OF the assured for
the sum of $4,000 is admitted. Three
fOurths Of that amount. or $3.50. would be
the liability of the company il there had
been no violation OF the. stipulatons Of the
policy by the plaintiffs. because nothing of
any consequence was saved from destI uc-
ton. The alleged attractions of the policy
charged 10y The company is two-fosd: First.
the burning of the premises: and. second.
a false and exaggerated affidavit delivered
to the defendants in relation TO the value
of the property destroyed. both acts being
done by The plaintiffs to defraud the defend.
ants. II either OF the foregoing alleged
wrongful acts was perpetrated as charged
there can be no question that the plaintiffs
claim under the policy is entirely forfeited.
Edward Johns, before the burning OF the
house. informed A. l.. Bradley that Breari
had employed him TO burn the house. The
house was burned soon after. and some of
the furniture WAS found secreted near
Johns dwelling. Johns was arrested by
Captain ltdgworth, and while in custody he
voluntarily related 30 that officer a cir.
culnstantiai and minute detail of his part
in the confagration. and Implicated Breard
and Mrs. Breard as procuring and employ.
ing him to commit the crime. He informed
Captain Edgworth that Breard, while on
board n steamboat ON the river. sent for
him to 90 on board and there gave him IA
written permit to take charge of the house
and premises. This statement is corIoto-
rated by Sherin. who bore the message
from Breard toy Johns. by the Statement. Of
Captain Blanks. who saw Johns on board
in conference with Beard. ard by the said
written permit On file as par. Of the
record.
The defense in this case is based in great
part on circumstantai evidence. Arson is
a crime easily Pe'petrated and very diff
cult to be proven. 1t is committed under
the darkness Of :he midnight hour. when
honest people sleep III tAncied security
The lnccndiary's implements of destruction.
though effective, are simple and easily FUR
nished; his labors require no physical
strength. like those of the murderer; he
needs no aCcOmpiCc IT, be within supporting
distance.-nO accessory to watch while he
applies the match; his work is best per-
formed and entails upon hm less danger
when no! shared in or witnessed by any one
else.
The testimony Of Johns. on its own merits
is entitled TO little or 10 credit. It dis
closes his turpitude. and establishes 4 pre-
statements iuculpating Breard and Breard's
wife. Taken, however, in connection with
the other facts and incidents developed by
The testimony. the statement of Johns is
most important. ard the intrinsic worth
lessncss of his unsupported evidence is re-
moved by the supporting contiImatOrv
chain OF facts testified to by respectable
witnesses. To he sure, Johns swore on the
preliminary trial Of Breard. before Judge
Scott, that he had not accused Breard OF
employing him to burn the house, and that
Breard and his wife never did SO. This
took place after he had been advised
that he need not say anything to
criminate himself. The fear of pun.
ishment and the novelty of his SITUATION
when called upon to relate the history of
crime in the perpetration of which be HIM
self was not only a pGlftccpS CriHtj1iS, but
the chief instrument. impeled him to make
the statement which cOntradicted the dis
closures he made before and afteT the burn
ing, when he was neither in fear nor under
duress. ! attach no importance whatever
To Johns evidence before the parish Judge
The finding of the Indictment against
Breard, his flight from the State, and tail
IRE to appear for tIial, with the forfeit
of his bond. are important circumstances 10
be placed against the pretensions OF him
self and wife in this suit. There was and
could be nothing to warrant his expressions
before Captain EigwOIth that there were
900 many negroes in the parish Ut il tlrrsup,
and that he could not on that accoun: g,t
justice. ana would not be tried in that court
at IaIrollton. The cOlOred mcn OF Loui,i-
ana, since they were made eligible to serve
On ;u!irs. have demcaned themselves NOS:
.rcditaiiy III The jury box. and have man
Tested prais"w0thy .mpartiali;v and
fidelity in the discharge O. their duty
as jurors. Rrear6 could have pro.
cured change # venue if he .ear.,.
that justice would nos I've done hiu. in
the parish % jefferson. This excuse of
BIcard j. utterly futile. II innocent. ".
need have no fears 20 meet Jury of lis
fellow "lti2ena o.. either race. or OF bo;h
races. The FAULT 70 which ;uries are ob-