New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-20
THE GRANT PARISH PRISONERS.
Second Day.

Second Day.
At half-past ten o'clock Judge Woods
entered the courtroom and took his seat.
The calling OF the panel was proceeded
with.
Some being absent, attachments were
asked by the district attorney.
In the examina ton of jurors the defense
asked, among other questions, it the juror
held any office, national, State or muni-
cipal; if he belonged to any political or
ganizatiOn whose object was to assist in the
prosecution OF this case; if he had served
as a Juror in the United States court within
two years, and who had suggested his name
as juror. Edward Irwin was excused by
the cOnrt and Edgar Leon by the defense.
j. G. Badenhausen had formed an opinion,
which prevented his rendering an impartial
verdict.
Jacob Wolf and E. S. Curry were &C.
cepted.
David C. McCan had had a conversation
with Mr.. Beckwith on the subject, and was
excused.
ID. Z. Woodruff had read nothing of the
case; had not read i've columns of q news
paper in six years; was at present ward
superintendent of the twelfth ward; was
sixty-two years of age, but would not take
advantage Of his exemption, although had
done 80 in the Fonrth District Court. The
Horace Tyler had fixed opinion, and the
court excused him.
Joseph Benoit and Charles Muller were
excused by the defense.
E. w. Deslonde knew nothing of the
case; didn't read the REPUBLICAN, but did
the Times and Pieayune; never saw any
thing in those papers about it. Was ex-
cused.
Amedie Ransom was challenged by the
defense.
j. M. Sandidge had formed q decided
opinion as to the whole affair-not particu-
larly as to the accused. His opinion is that
public sentiment was so intensified that the
collision at COlfax was unavoidable. He
was not accepted.
Sidney Brunei. clerk for Herman &
Vignes, was accepted.
John Mcmillan, carpenter. at No. l46
Prieur street, was not accepted.
John Z. Beals had read the reports of the
last trial and formed his opinion, but was
prepared to render verdict justified by
the evidence that should be produced. He
had been in government service up to the
eighth OF last month. He was accepted.
The jury being completed, r. H. MARI.
Esq. begged to submit q motion, and re-
quested that Associate Justice Bradley,
| Of the United States Supreme Court, sit
| with Judge Woods in hearing it, as it re-
| of the trial, for determination in the Su-
preme Court. The motion was to strike
| out the counts in the indictment Nos. l to
! IL, and exclude testimony relating thereto.
Judge Woods said he would be pleased to
| have Judge Bradley sit with him, but as to
| the motion, it seemed to come too late,
| after the defendants had pleaded. The
only regular way was to object to the testi-
mcny, which would really subserve the
| purposes of the motion. He would send
for Judge Bradley, to determine whether
| an Indictment could be Guashed at this
| stage of the proceedings. Judge Bradley
cOncurred with Judge Woods, as he under
| stood the motion.
Mr.. Mari said he begged to explain that
| the motion was not to quash the indict-
ment, but to have certain counts stricken
out looking to the jurisdiction of this court.
| He argued it was eminently proper at the
| outset Of proceedings to determine to what
counts in the indictment the testimony
| should be directed, and to strike out, as a
| consequence, such counts as the court could
not consider for want of jurisdiction. He
desired this decided while he could have
| the concurrent rather than possibly the
| divergent opinion of the twOjudges.
The interests of the people in this mat
| ter were so great, and his duty to his eli
| ents such that he felt bound to urgently
| press this matter for the united determina-
| ton of the court. There was no stage in
| cause in this court, as he understood its
| powers, when it was net competent to in.
| quire into its jurisdiction. 1t was rather
! the duty of the court to pause at any time
| and settle such questions.
We could not hear Judge Bradley dis
tinctly in reply to Mr.. Mari, but he said
something to the effect that while there
might be no objection to the matter of the
motion, there might be to tho time and
manner of it. He would decide to let the
case 90 on, and the counsel take such steps
| for the consideration of the court as the
| counts themselves should suggest and jus
tify when presented.
The heindictment, already made familiar tc
| the public on the trial of the case hereto
| fore, was then read.
| The charge in effect is conspiracy anC
murder" committed on Easter Sunday
April l3, of last year, at Colfax, in tht
( parish of Grant, in this State, when ant
| where collision occurred, resulting in tht
death of number of persons.
! The reading Of the indictment occupied
over two hours time. after which the cour
adjourned till this morning at ten o'clock
Judge Woods announcing that hereafter
the court would sit from A. NJ. to p. NJ
during this trial.