The New Orleans Democrat., 1876-05-21
TINE PnEsTTDCE mAnnEMAN MUIR.
DEN CASE. -=lsn
Closing scenes 0f the Trial Before the
Superior Criminal Court.

Closing scenes Of the Trial Before the
Superior Criminal Court.
After our report closed yesterday
afternoon 1t became evident that this
case-the killing Of Major Hardeman
by Mr.. James s. Prestidge, two we'll
known and highly respectable mer-
chants OF this city-would be shorter in
its duration than would have been gen
orally expected from the large number
of witnesses that had been summoned
to testify. It also became evident that
the defense would confne its evidence
chiefly to the character and disposition
Of the accused, and would carry out
their case on the broad basis Of theory
and precedents.
Dr. ID. Warren Brckell who attended
the deceased during his short illness,
was called upon to establish the fact
that he had found no weapon on Major
Hardeman while examining his body
Mr. Wilson. n clerk in the house Of
Prestidge, Graham Il Co, testified that
the next lay after the tragedy he had
found on one of the cotton tables "a
broken ruler. stained with blood and
some Of the hair Of Hardn nn,on's beard
near IT.. or on u.
Tno two Deringer pistols, Mr. Ed.
Keener testified. he had found discharg-
ed on the next morning on the floor Of
the cotton room. He further testified to
the condition Of Prestdgc. who was cut
on the left side Of the head and whose
eyes had been bIaclSoned by blows. and
that he had caused his removal to the
Hospital. whore Prestidge remained six
or seven days.
Then the question Of the dying doclar-
alton Of Hardcman came up. Mr.
Perry Nugent. ono Of the Witnesses to
the document. identifying his signature
thereto Justice j T. Houston. who
took the dying declaration. was exam
incd on tho subject. Being cross OK
amned he stated that the document had
been written by him, entirely Mt the
Of Hardeman, without sug-
gestion or questions from anybody
Hardeman had dictated it from begin
ming to end, each phrase being read to
him as it was written. and the entire
document also read when it was finish
ed. ThereupCn Hardeman had express
ed wish to add something, which wish
was complied with by Judge Houston.
aud the entire document read again to
him. which he signed with the witnesses.
The dying declaration was now offered
in evidence, and objected to us a whole
by the defence, on the ground that it
contained matter foreign to the case
which, if Hardeman. were he alive and
on the stand. could not testify to. be
cause Of its irrelevancy. The court
oyerrulod the objection. The defense
now sought to have the court to rule
that certain parts Of the declaration,
should be erased before pre-
it to the jury. The court hay
ing declined to make the order. on the
ground that the jury would be instructed
rs to the relevancy or irrevelancy of the
parts in question The defence here
upon declared their intention to file an
exception to the ruling. The declara
ton was read, and a recess Of half m
hour taken by the court.
At 2 O'Clock the case was resumed, and
after obtaining from Judge Houston the
precise time ut which Mr.. Hardeman
died. the State announced that it had
closed its case
Mr. Black was again called for the de
fensc, and being asked whether Harde-
man had said before the shooting that
he was not armed. witness replied that
according to his best knowledge and be
lief he had not, he had only said II am
not afraid Of your pistol Witness, in
answer Ip fIufSlipHN- t&bltlHf1 lHHb as
10 the money difficulties referred to.
meant to charge Prestidge
With a want of due diligence in collect
ing moneys in the country.
The defense now proceeded to esta b
|ish the character Of the accused. Mr..
Joseph Hoy being the first Witness who
-estiiied that he had known Prestidge
for three or four years and
hat his character was good
The examination was now directed to
show the peaceable nature of Prestidge,
md that if he carried pistols it was be-
cause he travelled frequently in the
G.. W. Evans, of Columbia, Tennessee,
1ad known Prestidge for five years here
md in Columbia. He knew him to be in
he habit of carrying pair of Deringers. |
He always knew him to be a quiet man
lefense further directed its efforts to
show that Prestidge, being in the habit
IF carrying arms. had not armed him |
elf specially on the memorable fourth |
# March. nor with the purpose OF using
lis weapons against Hardeman
H. j. Aldrich was the next witness to .
estify to the character Of the accused /
md TO the identity Of the clothes OF
'restidge. which were taken from his .
,erson at the hospital and were now /
Produced in evidence These clothes, \
which, like the letter from Hardeman |
e Prestidge and the clothes Of Harde
nan previously produced, were covered !
With bood. aud sent n thrill through tho /
audience, and silently spoke of the .
ragic conflict between Prestidge and
Iardeman.
One or two other witnesses were eX-
mned us to the good character of the
and the defense now asked
cave to offer in evidence the sworn
tatcment Of the ease made by Pres
idgo before Municipal Magistrate
evans. The court. however, ruled that
t could not be admitted. basing his rul-
ng on decisions of the Supreme Court.
The case was closed for the defense.
The jury, as impanneled, is as follows
!. A. Ducros, J. ID. Peet. Cohen NJ. So
in. John Sutton, u. l.. Giles, Henry
yassam, Henry Orr, Edward Meagher,
Z WOodworth, W. Sielhorst, &. ".
Felix Couvertie.
The arguments were now opened for
he State by r. II. Mari. who occupied
.I.,,,