New Orleans Republican., 1873-06-24
EVIDENCE OF GOVERNOR KELLOGG

Yesterday the trial os M. n. NJ. Cohen
and Mr.. c. r. Railey. began in the parish
court of Jefferson, reJudge Pardee. the
accusation being an attempt to assassinate
Governor Kellogg on the seventh Of May,
at the corner Of Magazine and Naschez
streets.
The trial did not take place in our own
Criminal Court, because Attorney General
Field chose to have change of venue.
The case opened at ten o'clock yesterday
morning, and a jury was easily secured
although counsel for defense objected to
the Jury on the ground that it had not been
properly drawn. Judge Pardee overruled
the objection.
The jury is composed Of two white and
ten colOred men.
On account OF lega! 4uibblins the court
was unable to begin to take tetimony until
after seven o'clock in the evening.
After all the witnesses were sent out Of
the court room Governor Kellogg was
called to the witness stand and testified as
follows:
At about $50 P. NJ. on the seventh of
May l was conversing with Mr.. c. A. Whit
ney: when about leaving spoke with Cap
tain Norton: was recalled by some one i'll
the Office, when l spoke about difficulty
that had occurred on the day previous at
the Morgan ferry; when l went to the
street | saw quite . number of men and
boys. who, l remembered afterward, were
in something like line, and l thought that
there was pTecOncerted arrangement
against me; Mr. Raiey stepped up to me ard
asked if l was Kellogg; l answered yes:
he then called me a scOundrel; | said that
did not know him. and Immediately
stepped into my carriage: my driver
whipped up his team and drove very FAST
l had not gone far before ( heard shot,
and the bullet passed thre~gh my carriage,
passing close to my face had been at Mr..
Whitney's office several times before, and
saw no crowd in that neighborhOod on
those occasions; l recognize Mr.. Railey,
now in court, as the person who assailed me
at Whitney's Office; had heard previous
ly that an attempt would be made
to harm me: had beeu warned repeatedly
to beware; in the morning of the day
l had been in the office Of Price, Hine &
Upper, and as left there peculiar shout
was uttered as from a squad of boys; heard
the same kind of shout at Nhitney's office;
a gentleman stood by Mr.. Railey when the
latter assailed me; can not give precise
description of that person; he made mo-
tiOn with his hands and said something, but
can't remember what it was.
Here Attorney General Field asked the
witness if he had received note at his
house the night after the attempt to assas-
sinate. Counsel for defense objected. bat
the court permitted the evidence to go to
the Jury.
Testimony resumed-A note was left at
my door containing gold key, which had
my name newly engraved Oh it; the sigma
tura had been cut of. never saw the key
before and it did not belong TO me- did not
see the messenger.
The Attorney Genera. here asked witness
something concerning conspiracy to
assassinate a prominent Republican. but
defense objected. Mr.. Field modified his
interrogatory.
Resumed-I have knowledge OF con-
spiracy.
Question by Attorney General-Have
you any knowledge Of the existence of any
kind OF association whose obiec: was to
commit murder.
Al know nothing Of that Of my own
knowledge. That Is all know. outside Ct
hearsay.
CrOss-Exanlined-My carriage was near
the curbstOne at the time: after | went
back into the Office, in response to a call
from Mr.. Hutchinson, started for my car
riage. and was assailed by Mr.. Railey: the
bali did not hit me or lay clothing: it went
to my right, under my chin: do not know
Mr.. Cohen. the accused: can not remem-
ber what kind of dress the smaller person
wore, the person who stood by Mr.. Railey
at the time | was assailed.
Counsel for defense then brought Mr.
Cohen to the bar. in front Of the Governor,
and asked witness if he recognized him as
the one. The Governor said that he could
not, as he took SO little notice of the man
at the time that he can not now remember
even the general appearance of the gentle
man.
When Governor Kellogg finished giving
his testimony Attorney General Field asked
that the court adjourn, as he was weary
from having labored uncommonly hard re-
Gently. As he was seconded by opposing
counsel. the court adjourned until ten
o'clock this morning.