New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-27
Court Items.

All the State courts yesterday adjourned
without doing any more business thar
absolutely necessary, on receiving otficiall,
the intelligence of the sudden death O
Fergus Fuselier, Esq. The counsel tha
moved the adjournment paid appropriate
tribute to the merits of the deceased, anC
in each Case the court made a fitting
| response before ordering adjournment. BY
the loss of Mr.. Fuseller the bar has beer
| ment to it, because he was devoted to his
clients, a ripe scholar, a hard student, and
an honest and conscientious man.
In the Superior Criminal Court Judge
Braughn called Mr.. Whitaker to the bench
to preside IN the case in which he was re-
cused Mr.. McPhelin, the district attorney,
when asked if had any motion, addressed
the court as follows:
May it please the court, desire to make
a motion, but before doing 80 l wish to call
the attention of the court to an article in
the Times Of Saturday last
Mr.. McPhelin then read the following:
FRIEND ROUNDABoUT-The question am
about to ask you is one that you have been
asked several times. As am interested in
the same case as much as anybody, con-
cluded to write to you and ascertain, If
possible, an answer to my question. The
case am about to mention is that OF Duffy
VS.. Cronan. Thirteen months ago Thomas
H. Duffy, George Duffy, Jim Gallagher and
Bill Matte we're indicted by the grand jury
for perjury on twenty different counts, and
also for conspiracy. The Hon John Nc
Phelin has been asked once or twice when
he would have the case called up, but up to
the present time he has not thought of it
Tor at least pretended not toy, but | suppose
it takes a little underhand influence to
work the machinery Since the Dutfys
were indicted other cases of jury have
been brought before Mr. McPhelln and
have been indicted, tried, convicted and
sentenced. The records OF the Criminal
Court will prove it, Now, friend Rounda-
bout, will you use your influence Il don't
mean underhand) and ascertain, if possible,
when their trial will take place.
l.. CRONAN,
No. 42S Erato street.
l take this opportunity to say, as the
court we'll knows, that l took part in the
prosecution of the origina! case of arson to
slight extent. l recOllect, and your honor
will recollect the circumstances of that case.
After the argument the Jury chose to return
verdict of acquittal In the minds of the
Jury Uuceb WoIc luHOCChC hCh' AhCh NOA-
dict should have ended it. But the accused
went further. Your honor knows how easy
it is for one to 60 to the grand jury and
indict innocent men of perjury. There is
particular case to the point aside from the
present one. never believed the men who
testified in the arson case committed per
jury and l have consequently never fixed
the cases for trial, nor have l ever
learned of any evidence which would
cause me to have them tried. l
could not, with all the evidence l have, ask
twelve men to convict these parties. re-
pudiate the expression used in this COM
OF "underhanded" influence.
In all my official career l defy any one to
put his finger on a dishonorable act, and l
say now, if it were not for my official posi-
ton. a sworn conservatOr of the peace, l
would take the writer OF this communica-
ton to task for what he has written. In
the situation l am placed can only move q
nolle prosequi of all these cases.
The court accordingly ordered a nolle
in the cases of James Gallagher.
Matte, George Thomas and Mrs
Duffy, indicted for perjury.