New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-22
U RECORD.
WEDNESDAY, OCTOBER 81. 1874.
superior Criminal Court.

superior Criminal Court.
Judge Cullom presiding, Judge Atocha
having Reused himself.
State Va. Earle and Garvey.-On motion
Co admit to bail, Judge Cullom said:
The court has had under consideration
the motion for bail urged on behalf of the
accused, and has concluded to grant il. On
the several occasions fixed for the trial of
this cause while l presided, the defendants
have invariably signitied their willingness
to 20 to trial. Every continuance was ne
cessitated by unavoidable and fortuitous
circumstances over which the Attorney
General could have no control. and at the
instance OF the prosecution. l have thought,
on reflection, that at the present stage OF
of the cause, while considering the claims
of the State, Justice requires that bail be
granted. Among the reasons prompting
such a course are the uniform readiness for
trial manifested by the accused upon all
occasions within my observation as the
organ of the court, and the constitutional
provision guaranteeing TO all accused .
speedy trial, although in celebrating upon
the question I rave ever had in view the
construction that due regard must be had
10 the requirements OF public justice:
Viewing the matter with regard to the
seyeral trials had, l find that the conviction
of the accused on the testimony OF the
witnesses has been only once considered by
the Supreme Court, and that then a mate
ria part of the evidence was thrown out.
Upon that trial the verdict of the jury was
qualified, which is equal under the common
law to a finding Of guilty of murder in the
second degree. That circumstance places
the present case in the category OF those IN
which the parties may be admitted to bail
without detriment to public justice, and
~consonant with authenticated presidents.
Had the conviction been unqualified, the
presumption would be sufficiently great to
preclude the fixing of bail, but when, after
hearing the entire evidence, comprising the
| portion which is now excluded by the judg.
ment of the Supreme Court, and which
must rave had great weight with the jury.
the jury. after deliberation, thought proper
to qualify their verdict, the presumption is
certainly favorable to the accused, so far
| as the simple question Of . right to bail 10
concerned. ,
Actusted by the fact that the sickness of
General Badger may endure for a long
time, and may sven ultimate in his death,
and that the present continuance must OF
necessity be indefinite, l am compelled to
consider the justice of the claim for bail. l
am. as judge, presumed to know mourning OK
the facts relating to the merits Of the case.
Could q time be fixed for the trial of this
cause I might refuse the application for
bail, but the unavoidable and uncertain
character of tho continuance now to be or
dered precludes any such consideration.
The attendance of the witness, Vale, who
ia absent from the State, might be dispensed
/ with by an admission of the facts expected
| to be established on behalf of the State by
| his evidence. but the witness, Badger. IS IN
the CITY; his presence can be secured, and
the State has a right to claim his appear
ance in omen court, and is entitled to a con.
t%inuance because of his temporary inability
TO attend, it having made every effort to
procure his attendance.
Were this other than a capital case the
necessity of his presence might be obviated-
his evidence might be taken by commission
but in cases of this magnitude there is no
! alternative; his testimony must be taken In
open court. -
/ me TO grant bail herein, but in order to
secure the attendance of the accused when
ever required, I fix the amount of bail in
the sum of 5000 each, and direct the
sheriff to see that good and solvent security
be furnished.
Judge Atocha. presiding.
NoLLE PROsEQUI ENTERED.
Carrying concealed weapons-A!ex John
pLEADED GUILTY.
| Robbery-William Foster.
Murder-Moses Harvey.
4 Rape--Gus Anderson, John Martin.
ACQUITTED.
Carrying concealed weapons-Vincent
! Bernard.
|
! John Hicks, convicted of burglary and
| grand larceny. seven years on first count,
Six wears on second count in the Peniten'
tiary.
| CONVICTED.
Petty larceny-Elsie Brown. Charles
Henderson, Oscar Brown, George Wash
| ingtOu.