New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-25
Local intelligence

the eleventh instant'A l. 6nith, employed
in tho New leieans 1yses sdnss, vas n. IL
Custeuheuse anA ha1 Q ohpet oonveEsasisG
with J. F. CunninghanDA vitasss in the
cotton oleimS GA4 before ths UA3te6 atstsa
Cirsait Curt. CunsingAam, Who dos not
bear too god . repatetion, asksd Smith
Why he had - violently assailed him in the
Times ofa nceat date, and stated that he
would like to have corrections made. Gun
ningham says that Smith cursed him and
made On attempt to aruat hims. Cunning
ham atterward made N affidavit, Ahersilg
Smith with attempting to intimidata him,
because he was . witness calleden to test0y
before tho grand jury. Accused was a.
rested and yesterday arraigned BY Judge
Southwo-th, United States comnissioner.
Complainant ttsti6sd to what y stated
above, but was fist put On his voire dire
by the attorney, llr. R. g.. Dennee,
who appeared for, xr. Smith, which
unusual prosasdinS was allowed BY the
court. The prosecutor replied that he had
bean arrested In (isaississippl for forgery
and convicted, bdt that - Sufeens Court
had reversed the dpcisioA and that the case
had been dropped; that he hal never bsen
in . penitentiary, and was no longer likaly
to Be arraigned On that, aeousation. Judge
Southworth ruled that Cunningham vas .
competent witness. The prosecutor there-
upon swore that Smith had on tho occasion
meationnd said that he intended 10 '1run
him (Cunningham) out Of town too" thea
showed . badgss and took out = pair Of
handouts, which witness ct first thought
were brass knackles; Cunningham asked
Smith if hs knew that he was Usited
Stases witness; Smith said he had no war
rant to arrest him; Cunningham had by
this time glided into the Office Of United
States District Attorney Deekwith; that
official told Smith that uAlsss u bad .
warrant he could not touch. Cunningham
there; Smith first asked Cunningham
what h6 knew in the case; that Dsnn6e
was his tSmiths) friend; wilness told
Smith that he could not toll him;
witness Wa ct that tfne summoned
- . witness bsfors the grand jury;
witness understsod that Smith, by saying
that he. would dEivs.him out Of town too,
meant that he intended to drive him and
Barrett, Jr., out of New Oslssas; Smith
showed NO authority to arrest him, and in
sisted ON Cunningham giving b6n, q ths
same. time requesting Nr. Blair, then pre-
sent to sign an appearance bond for him;
Mr.. Blair declined to have anything to do
with the case: Smith told CunninPhaA to
60 to Judge Evans snd surrender himself;
Smith knew that he Vas q witness before the
grand jury and was to testify against Den
nee; he saw witness visiting the sssnd jury
room; witness declined to answer whether
or rot he was under salary. for the govern
ment; was never paid cent 10 - s-witness;
witness did not strile Smith when the At
tempt was made to make the arrest.
This is the substance Of Cunninghsms
testimony. In addition to the above, he
objected to Dennee appearing ss prose
cutting attorney, as he 10 at present under
Indictment for an alleged crime.
John F. Barrett, Jr. testified that Gun
ningham had furnished information In cot
ton claims cases, and that he (B.) had been
instructed to protect him, and see that he
was present when called to testify; did not
know in what Smith hsd intimidated Can
ningham, but saw Smith holding handouts.
Cunningham further testified that the
day after Smith had attempted to make
the arrest, they met on Csrondelst street,
when Smith told HIM that he had tele-
graphed to Washington, and that some
change would be made; that he did not
care 20 much for him co. a. he did for Bar
rett.
The examination was continued until
this morning.