The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1878-01-30
THE RETURNING BOARD TRIAL.

We continue our report of the
trial of the Returning Boarders, this
time clipping from the New Orleans
Times:
In the Superior Criminal Court,
Messrs. Castellanos and Cullom and
John Ray, Esq, counsel for James
Madison Wells, Thomas c. Ander-
son, Louis NJ. Kenner and Gadane
Casanave, the four members of the
Returning Board, whose trial is fixed
for Friday next, yesterday presented
petition for the transfer of tie case
to the United States Circuit Court
under section GIL of the United
States Revised Statutes.
The petition sets forth that the law
authorizing the drawing of juries in
and for the Parish Of Orleans in
criminal cases operates injustice to
the accused, inasmuch as it places in
the hands of the officers authorized
by the law to draw juries, powers
which enable, and were intended to
enable them to draw such juries as
they may see proper, and that in this
instance out of the whole venire
there is not colored man; for the
further reason that by virtue of the
existence Of great public prejudice in
the minds of the white population of
this city, the officers have, Willingly
or unwittingly, drawn such a jury as
are believed to be impressed by this
prejudice.
The court ordered tie motion to
be filed which will come up to-day
for argument.
Elk Judge Cullom then notified AS
sistant Attorney General Egan, rep
resenting the State, that he would,
during the day, apply to the Court
for commissions to examine certain
witnesses on behalf of the defense,
residing out of the State.
The Assistant Attorney General
replied that he should certainly OBJ
|ject to this manner Of examining
witnesses, as the defense had no
right to examine witnesses in that
manner, and that it would necessi-
tate the continuation of the trial, to
which he should not consent.
Later in the day Judge Cullom filed
the following motion:
State vs.. j. Madison Wells ct ais.
Now the defendants, through their
counsel, come into court and apply
for commissions to take the testimo.
ny of Ira N. Clifford, Davenport Iowa ;
j. w. Eaton, Princeton, Bureau Co,
Illinois; Isidore Mccormick, Mobile,
Ala; and ex. Governor John NJ. Pal.
mer, Springfield, III; to be used for
and in behalf of the accused on their
trial Of the above entitled case.
Said commissions to he directed to
any judge or justice of peace located
at Davenport, Ia, Princeton, ILL.,,
Mobile, Ala, and Springfield, ILL.,,
and returnable on or before the 18th
of February proximo. Annexed to
the motion was an affidavit, sworn
and subscribed to before w. G. Lane
U. S. Commissioner, January %,
1878, by }. Madison Wells, Thomas
C. Anderson, Louis NJ. Kenner, and
Gadane Casanave, setting forth thai
the testimony of said Clifford, Eaton
Mccormick and Palmer is materia
to them in proving their innocence
of the charges preferred against then
by the State Of Louisiana, that they
cannot 60 to trial without it, ant
that said witnesses reside outside O
this State.
As we have stated these proceed
ings were had on Wednesday, and the
next day the judge in an able deci
y. sion, ruled against the prisoners OF
E their application above, and also at
forwards ruled against the delay
asked for the testimony of witnesses
: out Of the State.
i. And now comes new phase ant
trick in the case, that we all here
: know was handled by the Presiden
of the Board, and so far is pluck!
] fight on his part. On Saturday NOR
! ming when the Court met and calle'
the case to be commenced on it
a merits, all four of the defendant
: we're absent, and could not be found
i The regular process of calling then
out on their bonds was gone through
= they were declared forfeited, an
q writs were at once issued and place
in the hands of the Criminal Sheri
for the arrest of all four of the Re