The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-25
THE LEVY sTABHING CASE.
A Dismissal by the Court which Eliclts
some Comment.

Dismissal by the Court which ELECTS
some Comment.
The case Of the State VS.. J. P. Hudson a. prin-
| cipal, and A. II. Asburst and p Bowden ne 40.
| cessories, in the stsbbipg and dangerous wound
| ing of jacques Levy. at noon on the 18Th inst,
| came up before Judge Smith yesterday. Al ~
O'Clock the Judge took the bench. and the three
before the bar OF the court for q preliminary ex-
animation.
The accused were represented by Mr.. Alex.
Dslsheimer, and the State by Mr.. J. Aroni,
The principal witness,
mir. JAQUET LEVY,
| the wounded man, was not present, his condition
not permitting him to get out Of bed.
This, it was thought by those present in the
courtroom, sufficient evidence for continuance
Of the case, but it afterwards TRANSFERRED that it
case should be tried on yesterday, and Judge
Smith, together with Judge Braughn, Mr..
Aroni, Mr.. Dalsheimer and the accused repaired
to the bedside OF Mr.. jacques Levy and took bis
declaration, which was offered in evidence.
The case was then gone with, and after
considerable testimony had been taken, his honor
dismissed the two accused.
recess WAS then taken, after which the case
against the principal was resumed, and after
more testimony the Judge, with q few remarks.
discharged the principal.
Judge Smiths dec. sion created considerable
comment from a goodly portion Of tho Jewish
element, who were present during the whole ex-
aniDation and on investigation into the cause of
dissension, 1t TRANSFERRED that they were OF the
opinion that the case had been
RAfLRoADED
through.
Some Of them stated that the three accused
were not suffering any, as they ont on
bonds, and they could not see why this examine
49,
through and thought that the case should not
have been examined until Mr.. Levy WAS able to
appear In cnnrt and give his testimony.
1t was also said that, although II was published
that certificate had been signed by Drs mer,
cier Smythe and Dreifus that the wounded
man was out OF danger, and that it was on this
certificate that the judge released the accused on
bonds, that the court never saw any such csrt,f-
cate, and the accused were released on bonds by
Judge Smith without himself having seen the
certificate, which reads as follows:
New ORLEANS. Nov. %, 1877.
We hereby certify, as attending surgeons on
MIR. Jacques Levy, who received penetrating
wound of the abdomen last Monday, that he is
A. MERCER, D. P.
A. W. sMY I'll. M. D.
EMIL. DREIFUS. M. D.
The above certificate is now in the possession |
OF DR.. A. MERCER.
1t appears evident that the wounded man was |
Smith called upon Dr. Smythe and asked for q |
certificate on the evening following the ffculty,
but DR.. Smythe refused to give it.
reporter called upon DIR. Dreifus last even
ing, at whose house the wounded man is staying, |
ana asked how Mr.. Levy was doing.
The doctor stated: "He Ia not as bright as
usual tonight, owing to the ordeal he passed to-
day. DIR. amythe and myself were chosen judges |
by Judge Smith to see whether he was in con-
dition to be interviewed. / replied that he was
not in condition to make statement, but
DIR. sMYTHE
was of different opinion, and Judge Smith, act
ing upon the latter's opinion, together with
Judge Braughn, Mr.. Aroni, Mr.. Dalsheimer and |
the accused entered the bedroom where the
wounded man was lying, and took his declara-
ton. protested, but 1t did no good.
Rep.-Doctor. do you think Mr.. Levy was in
condition to make a clear statement Of the case?
Dr.-No, sir; he had been taking opiates, and
was in no condition to converse; he was drowsy.
Rep.-Doctor, was DR.. Mercier present at this
interview?
Dr. DIE was not, but / met him afterward,
and he was Of my opinion. The patient ought
not to have been interviewed.
lows:
DIR. A. MERCER.
I was at Dr. Drefus's residence yesterday
and saw MIR. Levy. He was drowsy
from opistes and weak from having seen too
much company the day before, and gave his
him. 1 think that Judge Smiths action in fore
ing his way into that sick mans room was outra-
geous, and had I been there 1 should not have
permitted it,
Rep.-Doctor, do you think that the wounded
man was in condition to make clear state
ment?
Dr.-No, he was not. He was drowsy from
having taken opiates.
Rep.-Do you think the excitement Of the in
terview and seeing the man who wourded him
will have tendency to throw him back?
Dr.-Perhaps it might.
Rep.-Did you give your testimony in court?
DINO, sir; 1 was never subp9n aed. A re-
porter, however, met me on the street and told
me tuat there was an attachment out for me.
This ended the interview, and our reporter bid
The doctor goodnight.