The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-06
THE ST. GENE CASE.
HUNG JURY IN THE SUPERIOR
CRIMINAL COURT.
Judge whitaker Makes Amdavit Against
Two Accessories.

Judge whitaker Hakes Amdavit Against
Two Accessories.
At o'clock on Christmas Eve, 1876, 9
man named Francis Hoff nan was shot and cut
At the grocery store OF Mr.. Wopples, on Elysisn
Fields street, between Rampant and Burgundy,
while playing cards with Esteve Dominguez,
John Early aud Simon g. Gene.
The wounded man lived but short while after
receiving his wounds, and expired without MAX
Ing dying declaration.
The three parties fled the scene after the man
had ,een shot and cut, bat were finally arrested
and lodged In the Fifth Precinct station.
st. Gene was charged as principal In the kill.
ing, and Early and Dominguez with being so-
cessories bef re and after the fact.
At the preliminary examination before ReD0r-
der Long the two accessories we're discharged,
and Simon 81. Gene was sent before the Btu
perior Criminal Court without the benefit OF bail.
The fret trial the accused, Ct. Gene. had was
before Judge Whitaker. and the jury after hsv-
ing been out some time brou sht in verdict Of
guilty without capital punishment. Three days
after the accused had been found guilty he was
brought before the court aud Judge Whitaker
sentenced him to the Penitentiary for life.
The attorneys for the defense took an appeal to
the Supreme court, and we're granted new trial
on the ground that they had certain evidence In
favor Of the ACCUSED which they were unable to
produce At the trial
On the decision of the Supreme Court the &C
cused was brought before the Superior Criminal
has been locked up ever since, being unable to
agree.
During this trial the two parties Early and Do
minguez. who had at first been arrested a. access
saries to the murder and had also been dis
charged on a preliminary examination, were
placed upon the stand as witnesses for the de-
Tense. and az the evidence elected went to show
that they had had hard In the murder, Judge
Whitaker issued bench warrants for their arrest.
They were made prisoners in the court aud
sent TO the Parrish Prison.
Miltenberger and swore ous the following affida-
Wit:
Hon. VIM. r. Whitaker, having been duly
sworn, doth depose and cay that from informs-
ton received that he has good reason to believe,
and does veri y believe, that on the Gath day
Of December, 1876, on Elysian Fields street, be-
tween Rampant and Burgundy, In the Third Dis
trict Of this city, one John Early and one Il steve
Dominguez, late Of the parish OF Orleans, did
there and then willfully, feIonously, OF their
malice aforethought, murder one Francis Hoff.
mann, In the peace OF the state then and there
being.
Therefore deponent charged the two accused
with murder and asked that they be dealt with
according to law.
The two accused were yesterday arraigned be-
fore Judge Miltenberger and remsnded to the
Parish Prison, without bail, to await prelimins-
ny examination.
Judge Whitaker was interviewed by DEM
oGRAT reporter, and he stated that he had based
the above affidavit on the testimony elicited at
the trial, which took place 10 his court on Friday,
and which showed that all three Of the parties
named had rushed upon the deceased. and when
hey left him he was found to be shot and out,
the jugnlss vein being xlso severed.