The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-13

defendant, and In any tribunal he (Mr. Sher-
mani knew nearly every one would have peen
rejected on his oath, and yet, though chal-
lennged, they were sworn m" .. ,ooo -, ,,es
were In the Jury wheel Fully or nearly one
half Of those names were Of col0red or wh1te
1t happened that In the draw
ing large preponderance OF the white u '.1 race
resulted but the drawing was made 1aiIly, Id
the usual manner and in accordance with law.
When the panel was exhausted and tales
Jurors were drawn from the same wheel, i've
colored names were drawn from tho wheel. |
Two Of these,
TWO CoIoRED PERSONS,
were impaneled Five coored names out |
OF twenty-six The jurors were subjected to |
careful examination by the attorneys 1or the
State and the Defense and bills OF exception |
as to their qualifications were taken In only
two or three instances. ,...,
Sherman continues his untruths: with
such jury ] am prepared to believe the
story telegraphed this morning, that the
two colored jurors were tricked into agreeing
with this verdict by, an empty appeal TO the
mercy OF the court.
From what we learn from the very best
sources, we are satisfied that the two coiored
Jurors were not tricked into any agreement
The jury, white and colored, was composed OF
honest, Intelligent men.
HE GOES ON.
"The cause Of this excitement against An
derson and his associates Is, that III the per-
Torrance Of public duty, In plain pursuance
of law. and upon ample testimony, they elm
mated from the election returns in Louisiana
the results Of violence and intimidation.
'"Though this was not alleged in the lnfor-
nation, Yet everybody knew that this was the
gravamen Of their offense, and without 1t no
man on this Jury would have convicted Ander-
son. 1t s this that excited this populace.
heated with passion, to the highest state OF
resentment. The pretense set up for the pros.
ecution was that Anderson had participates
In q forgery or alteration of the Vernon parish
returns, but there was not one particle OF cyl
dence to connect him with this act. Inc
whole had been thoroughly examined acc here BY
even Littlefleld, who made tho alteration had
exculpated Anderson from the. knowledge
Of it. The truth is the election - r s9ra
hosts of witnesses, on the ninth day Of the
examination; were printed precisely. as they
were In the daily papers and In both houses
Of Congress, and the subsequent alteration by
either as a put-up JOB by him, or in the inter-
est Of local candidates, having no effect upon
the general result, and there does not appear
to be single scrap Of testimony showing that
Anderson. participated in It In the slightest
degree. There was no motive for such an al-
Iteration by Anderson; the true return being
printed in 80 many forms IL was absurd to
think he would alter 1t, and yet upon this false
pretext he was convicted"
ANOTHER DOWNRIGHT LIE.
! Such q jury could hardly make an empty
appeal to the mercy of the court. There was
no question of the elimination from the cleo
ton returns of the results Of violence and in-
| timidation; nor did the prosecution set up
that Anderson had participated in forgery
| or alteration OF the returns OF Vernon parish.
the publication of false and altered returns,
knowing them to have been false and altered
with the intent to defraud The original Yer
non returns, as made out in the parish, as ex-
amined by Gen. Anderson In the board, were
never published except by the Democratic
Conservative party.
Gen. Anderson agreed to and authorized the
publication of the altered return, after having
| had an inspection OF tho original, and Is re-
sponsbe in law for the publication a
The uttering of these false returns could not
affect the general result. Whatever other al
teration may have been made, it is not the
business Of the court to inquire.
| edge of the writer both Attorney General
| Ogden and Assistant Attorney General
Egan repeatedly stated to the court and the
counsel of the defense that they did not
at the bar a political one. What they wanted
the jury to do was, If they found him guilty
Of uttering false return, knowing the same
to be false, to say SO; and Il they did not, CIV
ing the prisoner the benefit OF every reason
able doubt, to render o verdict Of not guilty.
Referring back to the question Of prosecu.
ton by information instead of indictment, it
Is sufficient to say that since fifty years the
courts of the State recognized this procedure,
and the constitutions Of 1852 and 1868, in toti-
dun uerbis, say so. Article of the constitu,
tion Of 1868 framed by Republicans, says that
prosecutions may. be by either Indictment by
n grand jury or information, and the courts
have always held that SO far Us State offenses
were concerned. the State constitution gov
erned the courts when Federal laws were moi
in question. This much for Sherman, who
may be considered, inasmuch as he was pres
ent with Hale White, Matthews and the rest
as particeps crinei,is to the whole crime