New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-20

i =
| the stand the surgeon who examined the
| body. and not only examined the wound.
| but the stomach. the heart, liver, lungs and
| other Organso What was his testimony
! That Loaf. Harvey died few moments
| after Receiving the wornd: died from the
effect. ot I: wound inflicted with a knife.
causing internal hemorrhage OF the lungs.
the blood de.using every part OF poor har: r:
| "cy's frame. Again. these gentlemen tell
you that the death was not caused oy the
! the stabbing. bu. by the unskilitui witt,
drawai @: ths knife by the witness.
Nelson Randall. This IS absurd. RI
| diculcuso And. gentlemen. usa these
words absurd and ,!llculous bee
cause I can ind none Others in the Eng
| lish language which 50 precisely express
my meaning. l can not imagine how eoun-
f! sci could dare set up such "a theory.--indeed
i: would seem that tkey regard you as
| babies. dolls or mere machines, to be moved
| at their pleasure. Had ths: knife never
! been used by the prisoner at the bar. he
| would not to-day occupy the unfortunate
| position he finds himself III. and poor Har.
\ yey would still; be alive. But counsel tor
| th. tlefens. insists that it was not The intro
! duction OF the knife. but the withdrawal Of
| it, which produced the death of Harvey.
| All! they attempt 70 prove thi, by giving
! YOU his own version OF the death Of Richard
| Epvr de Lion. Now. assuming tina. this
modern law book. ''Hume's History of Eng.
! iand.' is an authority. ! hold that its &C.
! count Of the death of Richard leaves hot
the shadow OF 4 base on which 70 found q
| theory OF analogy between his case and the
! one a. bar. AS l understand it. Richard
! CHnr de Lion, after having led nations into
| the Holy Land: after having. by his ekill
! and pvowess. sUbdue1 the enemies of the
! Cross. finding no other worlds to con.
quer: finding I'D enemy 70 his holy
| religion, except suca Gs We're too
| Insignificant to notice. CAV. himself
I up to rosoGsness and drink. Then 10 was
| that he was shot with an arrow--a barbed
| arrow Here the gentleman illustrated the
I form ot the arrow which. hein. with.
J drawn, made the wound much larger than
when il entered. But lie did not die inme.
! diately. as Harvey did, On the contrary.
! he lived for some time until gangrene, super
! induced by yinous poisons. set IN and car.
! ried him 70 his grave. These are the facts
| relative 20 the death Of tha. great king and
! con!iero.. and ask you. gentlemen. in all
| sincerity. what has it to do with the case at
| bar Harvey did not finger weeks and
! weeks. and finally die = victim Of ganyrene.
! No. he died in few minutes after yeceiyin <
! the wound inflicted upon him by the piis-
| one. at the bar. Died. not from sangrene.
| say. bu: from internal heinorrilag. caused
! by fhi. prisoners knife. Gentlemen Of the
| -
| Tor the defense TO urge that their unfor.li.
J nate client acted in selfdefeaea, as there is
| not IONS 10. or tittle'' Of evidence TO
! bear them ont. On the contrary.
.hei. own Witness FILLMORE Smith. has
| testified that he saw the prisoner with an
| open knife in his hand coming toward Har.
| vey. SO admitting that Harvey did kick the
prisoner. ne wa. justified in .he act his life
was in danger from the knife Thus ono by
| one are all their theories demolished by chat
! great. that irresistible powar-truth. The
I attemp: 10 prove tha: "the wound was not
| nsces ssarily mortal. Ou. By unskillful treat.
! ment, VIZ: withdrawing the knife, became
/ SO, Is equally futile. and The Supreme Court
! in the ease Of the State VS.. Richard Scott,
dec!aed that a prisoner who inflicted a
: wound not il its nature mortal, but which
! from neglect or :nsmanageMent resulted in
! death. could rot be excused. but would he
; held guilty OF murder. | commend !he
| learned counsel for their zeal and Tor toe
! industry they nave displayed IL seeking au-
| ti0c.ties to sustain them. and I aliGo8,
| ve::'et ;!.a; they have 10: hae1. able 20 pro-
F; dUce - single one from which they can e.-
:rac. IL. least comfort. No: even
! .lUae's history Of England. Shakespeare
ov s.. Nal.c: Scott. One vi my
[! !carne.. brothers has read to you
| pa-t-a par. only-0e the celebrated Self
,...e case, and has iabo,sd hard TO prove
| an analogy between il and the ease at bar;
, 6u: with the Old result failure failure
F., sha.. row read to yoU the whole OF ths.
case. Here the learned gentlemen read
| from Wharton. II, 1896. anG. in q lengthy
and exhaustive argument. liz which all
points ot the case were discussed. showed
lis utter !rrelevancS to the one at issue. !
The junior coanse. on :he other side Aas
| GUoted very literally from Shakespeare. |
alsO shall take That liberty and ehall ask
you. ge3tlemen, 20 remeMbe: that. after the
killing. the prisoner ran away. Why did he
! run away Eeeause lie was guilty.
suspicion hsuH's The guilty mind.
Ilt thief soth teAI each bus. AZ officer.
Yes. gentlemen o: the Jury. Joe May
knew he was guilty. \. he were no:. bein z
strong il his innocence. he would have re.
NAMED and, not like the :liet. taken Hight.
Shahes?eare also tells US tia:
Murder, though il have tongue.
VII. sometime. speak with most miraculous o. al.
les, murder though unseen sometimes by
! man: murder. perpet,ated IN the lionel =
; darkness OF the night. with only God OBJ
| serving, v.l! speak with most miraculous
organ and when .t does speak, the weak
! and piping notes o! cOuuse! Tor the defense,
! who seek To impose upon judge. and juries
; axe drowned by the ;2aies .lc thunder OF its
| tones.
In conclusion. .aat!ee,en OF ci,e jury. ic:
! NE again assure yoU that am but dUiny :
| M: dUty as .he puD!ic prosecutor. ans; were
| 40: satisfied OF ,iIls prisoners guilt. !
| should not ask his conviction. On the
other hand. had {. Iouh, OF his guilt after
| bearing the evidence. l should have ad-
! v:sea you az once 10 render a verdict Of ac-
GuiIsai. But | have 70 doubt OF his guilt.
noS 80 believe have any ct coU. IT, how
ever, you shoDl. have one, Eo mese senti-
| mental doub'. but q reasonable one. such :4s
w0Hld be sufficient 70 prevent an ;nte.i gent
man. having q 'tua regard ior the sanctify
o! his oath, from finding verdict OF guilty,
then. in God. name. give !. 20 tie prisoner
and ac!Tit hi;ll. ! than.. you. gentlemen.
for The attentive and patient hearing you
have :, iv.n me. and rest tbs ease with you,
feeling satisfied you will do your duty IS
becomes men and good citizens.
!u a few minutes the jury returned j vev-
die: OF 'guilty. wi:hou: capital punish
men:.'' or which the Judge. addressing the
Attorney General. said: "Mr. Attorney Gen
erai, nuts: compiimen: you on the man.
Eeg in which ycu have discharged sou,
duties. AZ the rate at which you have OBJ
tanned convictions .: late. we shall soon
have clear docket. and this community
vii. Se Kid o: evii-ioers."
VALUADL. IMPROVED REAL EsyAIC
AT Auction :y TIE SHERIFF. particular
attention is called 10 the sales at auction 20
| be made this day. at twelve o'clock NJ. a:
the Merchants and Aucti0neevs' Exchange.
Royal street. by :he sheriff of the parish OF
Orleans. Said sale. comprises:
/. Two lots Q: ground. adjoining each
other. with all the building. and improve
| ments thereon, situated in the First Dis