The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1878-03-06
TOM ASDERsON's AGONY OVER.
he IL Sentenced TO Two Years Hard
Labor in the Penitentiary.
MAD, WELLS WANTS HIS CASE TO GO TO
THE UNITED STATES CIR
CUT COURT.

Il was about 1925 o'clock yesterday
morning when Judge Whitaker called
#. c.. Anderson from the dock to hear
his sentence. Four of jury in the
case of the State Va. Mike MeCool had
inst been impaneled, but the course of
the trial had been stopped, and dep
uty went to the do k to bring Amber
son forth. He came out looking much
excited, and evidently under great ex
element. After waiting some time for
the Assistant Attorney General, he ar
rived, and Judge Whitaker took up
the question presented by the motion
in arrest ofjndgment in the Anderson
case. The following were the grounds
That there was a variance between
the original information and the amend
ment allowed to be filed material to the
merits and constitutes new charge,
and therefore the proceedings are null
and void.
That Anderson is not charged to have
falsely and feloniously uttered and pub
]islled as true certain altered docu
ment in any official capacity what
soever.
That defendant had never pre-
linninary examination before mag
istrate.
That the prosecution should have
been by indictment instead of In
formation.
The Judge reviewed each ground
separately, and answered them under
the Law conclusively. He then over
ruled the motion.
Making a motion with bis hand, the
Judge requested Anderson to stand up
at the bar. The Returner stood up.
Judge Whitaker-"Hove you any
reason or anything to say why the
sentence of the law should not now be
passed upon your"
Anderson showed much excitement
and could hardly speak, hut after con-
siderable effort, and with much evi.
dence of anger, said:
SIR You are about to act upon the
finding of twelve persons am in
your power. God knows that | am
innocent of the charge. This is a cruel
persecution under the forms OF law
am ready to receive your sentence.
Judge Whitaker replied as follows
l think the action of the Grand Jury
and the law officers of the State, anl of
the jury who sat on your trial. aud the
court that presided upon it, was fully
justified by the evidence, and have
seen no indication of any attempt at
persecstion | think the verdict rem
dered was in accordance with the evi,
uedce alduced on the trial; tl,at you
had fair trial by jury impartially
selected from the good people of the
State. Considering the verdict of the
jury, and their recommendation to the
mercy Of the court, under section S33 oil
the Revised Statutes [ sentence You to
two years at hard labor in the State
Pententiary, and to pay the costs OF
this prosecution.
In receiving the sentence Anderson
WAS pallid, and the nervous action oi
the muscles of the juw showed that he
WAS unusually affected. His face was
much blanched and his hauds twitched
eonvulsiyely. When the Judge had
flushed, Anderson was taken into thu
duck apd soon after escorted to the
Parish Prison.
Mr.. Henry Castellanos, of counsel
for Anderson, then moved for q sns
pensive appeal to the Supreme Coar
Of the State, which was made return
able by Wednesday next.
The transcript or record of the cast
will probably be finished this after
noon, as the clerks are busily engaged
in copying all the papers.
In the case of the State vs. J. Mad
Wells, on motion of John Ray, o
counsel, an application for a transfe
of the case to The United States Circui
Court was fled. The ground OF thi
application was that there was con
spiracy here to convict him, and tina
Justice could not be meted out to hin
10 the State Superior Criminal Court
The application was set down for trial
New Orleans Democrat.