New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-02
EXECUTIVE SESSION.


On motion the Senate went into executive
session.
On call of the roll the following Senator
answered to their names:
Present-Messrs. Alexander, Allan. An
derson, Blackburn, Blunt, Breaux, Brew
ster, Burch, Cage, Chadbourn, Goede
George, Greene, Grover, Harper, Kelso
Kelly, Masicot, Ogden, Pollard. Robertson
Stamps, Steven, Sypher, Twitcbe,l. Whar
ton, White, Whitney, Young-29
Absent-Messrs. Detiege, Dumont, Eustis
Gla. Herwig, Landry, Weber,.
The President laid before the Senate tb,
following communication from the Gov
ernor:
STATE OF LOUISIANA
. Executive Department
New Orleans, April 20, 1875.
To the honorable President and Members of til,
submit herewith for your advice and
consent the following nominations:
vERMILION.
John G. White, supervisor of registration
ST. JAMES.
Victor Miles, sheriff.
CLAIBORNE
Charles S. Blackburn, supervisor of regis
tratiOn.
l.. A. Cormick, clerk for supervisor O,
registration.
S: B. Blackburn, clerk for supervisor OF
registration.
=, William NJ. Ewell, justice of the peace,
Evergreen.
j. NJ. Brooks notary public
WILLIAM p. LELLOGG,
Governor.
Lies over.
STATE OF LOUISIANA, }
Executive Department
New Orleans April 20, 1875
To the Honorable President and Members of the
Senate
submit herewith for your advice and
consent the following nominations:
WEBSTER.
L. O. G. Puckette, tax collector.
EAST BATON ROUGE.
Charles G. Pages and Robert Morris,
clerks OF registration.
WILLIAM P. KELLOGG,
Governor.
Referred to the Senators from said par
ishes.
STATE OF LOUISIANA.
Executive Department. )
New Orleans, April 20, 1875
To the Honorable President and Members of the
Senate:
transmit for your approval or other.
wise the papers in the case of D. j. Fergu-
son, tried and convicted IN the parish of
De Soto of intent to kill, sentenced to the
Penitentiary for life. and pardoned and
released by Governor Warmoth without the
consent OF the Senate. From such exam.
InatiOn as have been able to give to the
facts of this case, it seems to me that the
pardon is one which the Senate can prop
erly confirm.
WILLIAM P. KELLOGG,
Governor.
Stair OF LOUISIANA.
Executive Department :
New Orleans, May a. 1872. }
To the Honorable Board of Control of the Louisiana
State Penitentiar!:
Whereas d. j. Ferguson was tried and
convicted before the district court, parish of
De Soto, of the crime of lying in wait with
the intent to kill, and sentenced to impris.
Onment in the Penitentary for life
Whereas, for good and sufficient reasons
l have seen fit to grant reprieve and par
don to the said D. j. Ferguson, subject to
the consent of the Senate at it's next session
Now, therefore, you will release the said
ID. j. Ferguson, and tOrsO doing this will be
your sufficient warrant and authority.
Given under my hand and the seal of the
State this twenty-fourth day of May, A. d.
1872. and OF the independence OF the United
States the ninety sixth.
By the Governor:
H. C. WARMOTH.
j. W. FAIRFAX,
Assistant Secretary of State.
STATE OF LOUISIANA
Office of Secretary of State, ,
sew Orleans. April i3, 1859
l hereby certify that the above and fore
going is true and correct copy of the
original On file and Of record in this Office
Given under my hand and the seal of the
State, this fifteenth day of April, A. d.
1879, and the independence of the United
States the ninety ninth.
Secretary of State.
NEW ORLEANS, April Ia, 1876.
To the Honorable President and Members of the
Senate:
l had the honor to preside over the trial
of ID. j. Ferguson at the March term of
1872 in the parish Of De Soto, charged with
lying in wait and intent to kill. Ferguson
was convicted and sentenced to the Peni
tertiary for life. He was accordingly
to the Penitentiary and shortly
afterwards pardoned and released by Gov
srnOr Warmoth upon my accommodation.
/ am reminded by the Hon. j. b. Elan that
the Senate has never cOncurred in that act |
of pardon. and l am requested by him to
state TO you the reasons OF my Recommended |
ton.
This Is one of only two or three cases that |
| ever recommended for pardon. and my |
is very distinct of the circum- |
stances of the case and of the evidence |
adduced.
Ferguson was a man of previously good |
character, and his case was one OF intense |
interest to the members of the court and to |
the whole community, and the result fur
nished one of the highest illustrations OF
the supremacy of the law that have ever
known in Louisiana.
The prosecution was conducted by the
ate Major James S. Ashton, as the States
attorney for the district, than whom no
ADLER or more faithful public officer has ever
served the State.
The accused was most ably defended by
Mr.. Elan and Colonel George Williamson.
The evidence was altogether circumstantlal,
except as to the identity of the accused,
which was sworn to positively by the person
assaulted. though she only saw him by the
light of new moon, then nearly set.
| charged the jury very spechcaily as 10
he law of the case, and took occasion, as l
lid in all cases, to impress upon them a
'ense of the dignity and responsibility OF
he office they had to perform as admins
rators of the law and the protection OF
society, and the jury seemed conscious oil
his duty and, l believe, acted consclen-
lousy. In a few hours they returned
yerdict of guilty. When that jury retired
a consult upon their verdict said to my.
elf, s.If they find the prisoner guilty shall
lot be surprised, and if they find him not
.uilty can not say that they have violated
heir oaths." IL,
A motion for new trial was made, which
presenting no legal ground was compelled
o override. though my sympathles were
trongly with the prisoner, ana the prisoner
vas thereupon sentenced to the Penlren-
larry for life.
Upon application l said to Governor