The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-06-04
The Grant Parish Prisoners.



The prospect Of a speedy termination o
this trial has had it's effect on every on,
concerned in it, and there was brighter
look on the faces of all than has been fol
days past.
After the jury were brought in yesterda,
morning, Mr.. Whitaker started an investi
CATION for the missing subpenas, and attach
mentsfor witnesses for the defense.
Deputy United States Marshal Monday
was brought in. He said that he had takeI
the attachments to Grant Parish and lief
them with the Sheriff to be served. Bet
are offered that summonses for witnesses fo
prosecution were not served in that way
There are different styles, under different
circumstances, of doing it.
Deputy United States Marshal McMickle
was called in.
Mr. Whitaker-Mr. McMickle, did yor
receive any subpenas for Ralph Marcus
Michael Legras, Thomas Johnson, j. M
Proctor aud John Jones about the 23d OF
oath of April
Mr.. McMickle-I do not remember the
names.
Mr.. Whitaker-Did you receive any sub
penas about that time
Mr.. McMickle-Yes, sir-but wait. l did
not that remember. Let me sect was on
the 9Th of May.
Mr.. Whitaker-The subpenas were ISSUED
on the 23d Of May, and you received them
on the 9Th of May, lS days before they were
issued. Your Honor | would like Mr..
Deklyne, or some one that knows some
thing Of the workings Of the Marshals
Office, brought in, 50 that we may under
stand this matter.
Mr.. DeK'y put in an appearance, and
said that Mr.. Stockton could probably tell
more about the subpenas than any one
else.
Mr.. Stockton-The returns were made to
the Clerk Of the Court, and should be in the
records However, to make sure, will look
at my day-book.
During the absence of Stockton the
evidence of Emile Prewett, one of the absent
witnesses, as delivered at the last trial, was
by consent read.
1t was to the effect that witness heard
Nash summon VIM. Irwin to 60 to ColfaX to
suppress mob.
Mr.. Stockton returned into court and re-
ported that the clerk had
Never Issued
the subpenas.
Mr.. Beckwith admitted that Miss Virginia
Irwin another absent witness, if she we're
present, wOnld swear to the conversation
between Nash and Irwin as related by
Prewett.
Mr.. Th0s. II. Railey
was placed on the stand. Testified to the
condition Of affairs in Colfax. Heard Spen-
Ger White (cOlored) in a speech to the ne
groes, say that it was too bad hey had let
Nash 60, and if they ever caught J. w.
HadnOt they ought to cut off his head and
put it on a pine tree. Most of the colored
men in the place were present, and the senti-
ment was well received
Met body of fifteen or twenty negroes
on their way to Judge Richardson's house,
who said they were going to have his
(Richardson's) life.
Witness induced them to turn back
Beckwith went into the crosse xamina-
ton with considerable vigor, going for the
witness in about this style:
Q-You are in custody, are you not?
Ayes, sir.
Q-What fort
A-Well, l believe it is for assisting Nash
to escape.
Q-Was it not also for obstructing the
Sheriff in serving processes in this very
case?
A-That is what the indictment says, |
believe, for preventing it by force of arms.
am not sure.
Beckwith then found out where witness
had been living since the arrest Of the ac-
cused, and then magnanimously and gener-
ously questioned him in this style:
Q-You had the use of Denis Hickman's
two horses, l believes
Ayes sir.
'Q-Now, sir, did you not use those horses
to warn persons accused Of the approach of
the Marshals with warrants?
Mr.. Ellis-May it please the Court, the
course Of the United States Attorney is most
Is he constituted inquisitor |
general, and is this chamber the court of |
the inqnisition Are we investigating the |
history of all the crimes that have been |
in Grant parishs Can this man,
accused and indicted for an offense against |
the United States, be compelled to testify |
against himself?
Judge WOods-Mr. Ellis, statute of 1868 |
settles that question. Let the witness
answer tine question.
Mr.. Ellis-With the Courts permission l
will read from the fundamental law-the
Of the United States The 18th |
declare that "nO person shall
be held to answer for capital or otherwise
infamous crime, unless on presentment or
Indictment Of grand jury" etc, etc, "nor
shall he be compelled in any criminal case
TO be a witness against himself" Such Is
the declaration of the organic law. The
fathers Of that Constitution evidently in
tended that no person could be obliged in
any court or in any way to crminate him
|
question were asked, the answer to which
would criminate him, he could refuse to an
'wer it. And this provision is in perfect ac-
cord with the spirit of the common law, and
he rules of evidence of every civilized ma
ion Of the world.
Nor does that constitutional provision
conflict with the statute Of February p,
1863. Your honor has the statute before
'ou. Ny remembrance of it is, that it
imply declares " that no answer or other
'leading of any party, and no discovery
made, or evidence obtaiped by means of
my judicial proceeding from any party
II witness, shall be given in evidence or
n any manner used against such party or
witness in any court" l do not know that
quote the statute correctly, but such is my
of it. Now, that statute, far )
rom compelling witness to criminate him !
elf, simply provides that, if he shall happen
o do 80 while testifying as witness, his :
shall not be used against him. , /.
Is spirit is to protect that witness who may