Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1875-04-28
THE DE CASTRO TRIAL.
Explanations in Order-FirIng and
Cross Firing-The Decision Held



AS heretofore, considerable interest |
vas manifested in the De Castro trial |
and quite a large crowd |
at the Court House in the
morning by the time the hour for con-
inuing the trial had arrived. Justice
before the argument of the
Ease commenced, rose to make few
which he felt should, in
ustice:to himself be known. He
stated that when the defendant object
ed to being tried Eefore him he agreed
to grant a change of venue to Justice
J6Qrolmon, but this the defense were
ilot willing to accept, but wished TO
take it before Justice Ochs. To this he
as he had been informed that
on the night of the arrest Justice
Ochs should have said that if it was
brought before him he would dismiss
the case, and so he felt it his duty not
to grant the change of venue. And
Notwithstanding that affidavits had
been filed by the defense that he would
not give them justice on account of
undue prejudice against entertain
ments of the kind, he felt be-
fore God, that he could have done the
defendant Justice. He had no preju-
dice against the performance, and
members of his family had visited 1t,
but having seen enough of them in
his younger days, he did not go him
self. He had adjourned on Monday
- ,Doont in fhn nnIIFt -Fnnn0 in
the afternoon with Justices JOurol-
mon and Ochs, but on meeting,
Mr.. Henderson deceived him by stat
ing that mandamus had been grant
ed by Judge Hall, whereupon he turn
ed the case over to Justice Jourolmon.
An affidavit from DR.. Cardwell was
also read before the change of venue
was granted on Monday, to the effect
that Mr.. Shepard should have said
that if the case was brought before
him, he would have to bind De Castro
over to Court. This affidavit was
qualified yesterday by DIR. Cardwell,
have said that if the case was brought
before him, and the defendant found
guilty, all he could do would be to
bind him over to Court" which Mr..
Shepard asserted was the very lam
guage he used.
TNote-Justice Shepard is too well
known in this community, as an up
ripht, honorable man, for any one &C
quainted with him, to doubt for mo-
ment but what he was only actuated
with a desire to do perfect justice in
the matter, and consequently perform
his duty-EDS. CHRONICLE.
Attorney General Williams then OBJ
iected to Justice Ochs being connected
with the case. He stated that he did
not know that Justice Ochs had been
requested to act with Justice Jourol-
mon, or he could have objected on the
previous day, but he supposed that he
was only on the bench as matter of
courtesy.
Justice JourolmOn stated that he
had invited Justice Ochs to act with
him in the case:
Justice Ochs remarked that he had
no desire to act in the case if any OBJ
iections were raised. He had never
held or assisted in holding q trial
where he was objected to, and would
not in this case, He stated that he
had not made the remarks reported to
Justice Shepard. And so Justice Ochs
retired from the case.
Attorney General Williams in his
speech also entered into some per-
sonaI explanations. He said he was
censured by the public for not stop
ping it before he did. He did not go
to the entertainments himseTT, and did
not know until Thursday that the law
was being violated in that manner
not until his attention was called to it
by some citizens, and that he then at
once took steps to bring action. Then
in the second place, it was not his duty
to stop it but the duty of the Justices
of the Peace. And that Justice Ochs
was present in the Opera House every
evening, and Mayor Staub, an er-oW-
clio Justice, rented the hall for this pur-
pose, and that it was their duty to have
put stop to this business at once. He
remarked that he knew that there was
considerable excitement over the case,
and that public opinion was probably
against him, and that he would spit on
public opinion when it came in con-
flict with what he considered to be his
duty. He would do what he consid-
cred to DE right, no matter who op-
posed.
He alluded to Mr.. Henderson at
tempting to deceive in regard to the
mandamus, when Mr.. ..Gratz, Attorney
for the defense, defended Mr.. Hender-
son and remarked that he (Hender-
SOM was raised in this community and
had too many friends for any one to
dare to charge him with deception.
Mr.. Williams replied that he was also
raised in this community and he
thought that he had friends enough to
dare to make the charge. Altogether
the case has created considerable in
terest, and no small degree of personal
feeling has been manifested on both
sides. The case was argued yesterday
morning by Major Graft for the de-
PENDANT and Attorney General Will
liams for the State, and was then
placed in the hands of Justice Jourol-
mon for his decision, which was post
poned by him until this morning at
8 O'Clock.
During the arguments by counsel
for and against the defendant the
speakers were occasionIy applauded
This we have heard CONDEMNED in
strongest terms as highly improper,
having the appearance of an outside
pressure trying to influence the court.
1t should not be allowed under any
circumstance, not that there is any
danger of the court being influenced
either one way or the other, but it
looks out of place in a court room
during the trial of so important case.
Lost.
A badge with letters f. G.. B. on it.
The finder will he rewarded nv LEAVING