The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-05-18

The YrcstIdge-Hardcmhn Murder Case

The YrcstIdge- -Hardcman Murder Case.
The trial Of Jas g. Prestidge for the
murder of ". T.. Hardeman on The 4th
Of March last, began this morning In
the Superior Criminal Court The State
was represented by Judge Braughn and
Il. II. Marr Esu., md the defense by II.
G. Castellanos and r. MILLER. The
ease was opened and the jury was about
being called when Mr.. II G. Castelanos,
ESD. arose md challenged the array of
Jurors on the ground that thoy were not
selected impartially from among per
sons entitled to register and vote. that
when the panel was arranged several OF
the Jurors were rejected, because they
resided in the Sixth md Seventh Dis
tricts Of the city. The challenge was
! also based on grounds stated in one or
two capital cases, objecting to the draw
ing Of tho jury by ono of the jury Com
migsioners, James Lewis, who was also
at tho time Police Commissioner. and
| should have been incapnctated from
tho fact that according to law no person
can hold two Offices OF smolument at
! the same time.
Counsel for defense finally moved for
u discharge Of the array. The excep-
! tions. the State contendcd. had already
| been passed upon by the court IN other
cases but admitted that two persons in
cIudpd i'm the array, viz: II. i. LAWYER
and VIM. Thompson had been excused.
because they resided in the Sixth or
Seventh Districts. Some delay was oc-
onsioned I'm in1uiring into the manner
in which certain members or tho array
had been drawn The whole matter
was finally submitted to the court with
out argument.
The Jury was ordered TO bc called.
The first juror called was Mr.. II. A.
Ducros. who was accepted.
The second. Mr.. Moses Clark, objected
TO for cause. he having been n member
Of the jury.
The third, Joseph Frank, colored /;
could neither read nor write challenged
by the defense.
Mr. r. r. Bucknor had formed mn
opinion that Prestidge was guilty either
of murder or manslaughter. Set aside
for cause.
Mr.. Arthur Hauck, challenged pc
rcmptorily after long examination.
Mr.. J. ID. Peet had received IN i'm
preston ut the time OF tho killing. but
II would not require much evidence to
remove the impression. Had n slight
acquaintance with the deceased The
Juror was accepted and took his seat In
the box.
Mr.. Il. !. Buddendorff-The rumors
, and reports OF the occurrence had made
al impression upon him. but that the
impression would readily yieid 10 eVl-
, dence.
A difference OF understanding occur
red here as to the status Of mind OF the
iuror. who had also said that he had
formed and expressed nm opinion. Chal-
leneed peremptorily by the defense:
Jno. ". Labouisse. Had formed an
opinion and still had it. Challenged Tor
cause.
Mr.. VIM. Gregg. The case had made
strong impression upon nm ana sui
, did It would require considerable evl
dence to make him change his mind.
His mind. he thought, might be called
, binsed. though not prejudiced. Could
n II say that he would not be somewhat
influenced by the impression made on
: him. Set aside for cause.
, n. Levey.-The reading Of Hhrde-
mann 3 dying declaration ht.J made %
, passing impression upon him. lie coul'
not say that he had that impression still.
II would require strong evidence TO re-
move it. Mr.. Levey was set aside fof
cause
Mr. n. II TrIe.-Ilad formed an opin-
ion and still had It, Set aside for cause.
, Octave Fefnandez Had formed IN
: opinion. and was challenged for cause.
: Cohen NJ. Soria had expressed an
, opinion ut the time, but did not remeln
! Der what it was. Mr. Soria was accepted
!, Nicholas Connell was set aside, ne
! having formed an opinion, which he
D still held,
Thos. l.. Aircy had formed ana ex-
Q pressed an opinion. Set aside Tor cause
| John NJ. Jourdan was also set ASIDE
, for the same cause.
= !. G. Flower, set aside for the samt
cause.
John Phelps, set aside for the same
: cause. ,,
= lac r. Edwards. James Kimberger
+ Vim. Il. Clark. L. A. Baquie.
/, The case was progressing at the time
Y this report closed.
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