The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1874-07-01
Grant Parish Prisoners
Tha Rule for a New Trial,

Judge Woods returned to the city,
after about a weeks absence, to hear
argument on the motion for new
trial in the case Of Hadnot, Cruik-
shank and Irwin, the three prisoners
convicted of conspiracy.
Mr.. Mari filed nunc pro tune, ex-
ceptions taken by him during the
course of the trial to the introduce
ton of testimony on certain points.
Mr.. Mari further filed additional
grounds on the motion for new tri-
al, announcing that the facts stated
therein had been discovered subse.
quent to the filing of the original
motion.
The District Attorney excepted on
the ground of surprise. The Judge
however, allowed the admission Of
the additional grounds.
The substance of the new grounds
was that the jurors had been allowed
to separate and discuss the matter
apart from each other; and, secondly:
that the Judge had charged them in
such a manner as to mislead them
and give them a false idea of theil
duty.
Mr.. Whitaker then produced thu
docket in case 17,O29 of the First
District Court VS.. Timothy Kelly
alias Hanley, Zone of the jurors) fo1
perjury. The docket shows tina
Kelly was arraigned Oh April 26
1866, plead not guilty, was tried
found guilty and sentenced to fiv'
years in the penitentiary.
Col. Roy testified that Kelly hat
served in the Dist Indiana.
Emile Ruiz testified that lie hat
seen Kelly in the Parish Prison un
der conviction for some infamou
crime; afterwards had carried hin
up to the penitentiary.
Charles Chalmers testified that h
was in the First District Court whel
Kelly was tried for perjury, and tina
the latter was convicted an,
sentenced.
E. Wood Perry was foreman OF
the jury that tried and convicte'
Kelly of perjury in the First Distric
Court.
! A. Peyrolles swore that he was on
Of the principal witnesses agains
Kelly on the trial for perjury, an
that Kelly was convicted.
All the witnesses fully identifie
Kelly.
Mr.. Mulvey (another Of the jurors
testified that his name was Joscp
P. Mulvey; that he was cited as job
Mulvey, appeared under that name
and rendered a verdict in the cas-
On behalf Of the prosecution, Nj
Beckwith, the District Attorney, il
PRODUCED a reprieve, granted by Go
J. Madison Wells to Kelly, in Jul.
1867, and the affidavit of Mulvey thu
he thought he was doing his dut
when he answered to the name {
John Mulvey.
Mr.. Whitaker opened for the d
tense, being too unwell, however,
do anything but quote authorize
This he did literally.
The verdict was manifestly wron
in one point, at least; the prisonel
were found under six, seven, fourtee
J and fifteen, upon which not word
evidence was admitted; these coun
charged that the prisoners conspirt
, against Tillman and Nelson to pr
vent them from voting.
A pardon, and pardon only, c.
: restore mans rights. BY the 99'
, section of the constitution of Loui
lana, a man convicted of perjury CT
neither vote nor hold any Office. !
Kelly was a convict, the prisone
! had been tried by jury Of elev'
men, and the verdict was cousequer
. ly perfectly worthless.
Mr.. Whitaker then went rapid
over the other grounds on the motif
for a new trial-the instruction
the Judge to the jury that it cou
not find the law in the case; the "a
t that the jurors had been separat
: from each other, and that the Jud
J. had recalled the jury from their jul
d room after the case had been subm
! ted and given them further chare
l. out Of the hearings of the defense.
l. Mr.. Beckwith made but short
l, ply. He thought that the fact tt