New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-08-20
Local Intelligen ce.

Local Intelligen ce.
The GU1NAULT CARBON HoMIcIDE--1sso-
eiate Justice Reidcnhain Fines the accused
T,centy fire Dollars.-This case. OF which
full details have already been published,
has been examined by Judge Heidenhain,
acting in the absence of Judge Staes. who
read the following decision in the case yes
terdsy:
State of Louisiana vs. James P. Gui-
nault.-The accused stands charged with
the crime of msnslaughter, committed on
the eighth day of August. 1876, between the
hours of IL A. NJ and II M, in the alley
way of the Second District Court. in the
court building, between St. Ann street and
of Etienne A. Carbon, Of this city.
have carefully examined the testimony,
and from it find the following facts: The
deceased and the accused had difficulty
in front of the entrance to the Second Dis
trict Court. They were both angry and ex-
cited: thew were armed with deadly
weapons, revolvers, the deceased being the
first to make Q display of his pistol. One
of the with, sses attempted to take it away
After the termination of the fret encounter
between them the deceased again attacked
the accused, and struggle ensued.
The deceased in the meantime attempt
ing to draw his pistol, which he had in tho
right pocket of his pants. The accused was
too quick for him; drew. cooked and fired
his weapon first. The first two shots tired
by the accused at the deceased do not seem
to have proved fatal. The accused and the
deceased continued struggling, when I'm.
mediately after the firing of the third shot
the accused pushed the deceased away
from him back into the corner Of the door
way.. The deceased at that time had his
hand in his right pocket with his left side
turned toward the accused. just then the
accused cooked his pistol with both hands
and fred the fourth shot, after which one
of the witnesses seized the accused by the
back. The deceased in the meantime started
out from the doorway where ne had
been shot. When the accused fired
the fifth and last shot, the deceased stag
gered and fell, expiring a few moments
afterward. The post norton examination
of the body shows that the five shots all
took effect, two of which were mortal and
caused death, the other three were only
flesh wounds and not necessarily mortal.
Manslaughter is defined to be the unlaw-
full and felOnious killing Of another without
any malice, either expressed or implied. 1t
is of two kinds: Voluntary granddaughter.
which is the unlawful killing of another on
sudden quarrel or in heat Of passion; and,
secondly, involuntary granddaughter, that is.
where q man doing an unlawful act not
amounting to felony by accident kills an
other. There is another kind of homicide,
viz: where the killing is done in self-de.
tense (sc defendendo), which is classed
as excusabie or iustifiable HOMICIDE:
1t il based upon the natural instinct OF
self-preservation implanted in every mans
bosom, and gives him the right to take
another's life in order to save his own. The
old rule required that man should retreat
to the wall before resorting to this last des-
perate extremity of taking another's life in
order to preserve his own. This was before
the invention of firearms. The rule now
seems to be that when the assault is go
fierce as not to allow the party sssailed to
retreat without manifest danger OF his lie,
then, in his defense, there being. no other
way Of saving bis life, he may kill his e,
sailant instantly. 1t has even been held
that where O party has reasonable cause to
believe that his life is in danger, he has the
right to anticipate the attack and slay his
antagonist.
The facts of this case clearly make it one OF
justifisble homicide. For these reasons, on
the charge of granddaughter, it is my duty
to discharue the accused. But the evidence
shows that he is guilty, first, Of a breach Of
the precincts of the court building, for which
l fine him $25. and in default Of payment
thirty days imprisonment in the Parish
Prison; and secondly, for carrying con
cealed weapons deem it my duty to com
NIT him to appear before the Superior
Criminal Court, there to answer for thai
offense, and fix the amount Of his bail al
$500.
THERE WERE GIANTS IN THOSE DAYS
Giants exist to-day as immensely as they
did in the far off ancient times-compara
lively. There are countless creatures IL