The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-24
D ANDERSoN'S 3G0NY.o
aONEw TRIAL REFUSED ny JUDGE
W WHITAKER YESTERDAY. 0

supplemental motions were filed on the eleventh
and thirteenth Of Feb. uary, The first motion
appna 8 to be merely formal. The reasons ss-
signed why y new trial should be granted ere
/ Ihat the verdict is against evidence. ana
a. Contrary to law, as more specially set torth
In the bills Of exception taken during the trial.
n IL unne ,eesary 10 deal with the first point
at length Defendant does not set lortn Wen /. u
the verdict y ngeinst eyiaehGe' viii
As to he second point all the matters raised
by II were passed apon by the court before the
bills Of exception referred to were takah and
the court secs no reason T., disturb its rulings
sa they now stand On the record.
The f,rst supplemental notice sets up. fret.
that James Prince ono Of the Jurors VINO rem
tered the verdict In th,s case notwitnstlah IT.
dire examination that he was over the hge, OF
twenty one years, and is IN fact, minor nnder
tho age of twenty ono, aud rs suc, wholly in-
eompntent ana deharred by law from tng In
tho capacity of q Juror. ,
Jurors ana not Ia the mode provided by The
constitution Fence. upon his rsif dree ,swore
tia, he wac twe.ty,iwo ~, years old. and that no
The burden Of proof rests upon the mover to
establish The ago Of the juror.
No reno ,u II bia birth nr baptam can bio found
Edear Davis, who visited Z, q family OF Princes
mother NJ tp the nineteenth Of December. 1857
eay- there was no such child then. Celeste Neil
leur says james was born q year and half or
two years after The death Of his sister Eugenie.
who she states, die! IN 1853, that he was born q
death, which il shown by the record 70 have oc.
Cured in December, 1863. Esiete Viyant says
James was born alter Ma. Meilleur died; she
cannot TX any date.
Edgar Davis hinks the boy was seven or eight
In 1p6T.. The DO, "a mother told THE witness in
1870 n the presence of Eugene aardere. that he
was sixteen or seventeen years d. Bu! he saye
the uncle Of Prince told him last week. that he
was twenty two ortwenty-three
Mr.. Garders rprroboratea the statement OF
Mr Davis as to the information given by tho
mother Of Prince ia 1876. He sHys tho boy was
than prohahIy taller than himself at the present
date.
or i ak y Years ses old aaa '''''s 'E S'' ''
-. a. Laerois eays that the Jurors, mother told
him In 1879 that the boy was unwilling 10 go to
school. he was 40 tall. and that he was then four
teen years old.
Prince In 1863 and that he then appeared TO be
about his own age nine years. Princes mother
told witness they were about the same age. This
witness did not know when he wac himself born.
N. hivele knew Prince Ia 1864 and 1885, and
Things be was then from Ave to six years odd
j. L Tervalon says that he wanted. TO. induce
Prince to join some association Of which he was
himself member some three months ago. In
order 70 obtain his services ~ musician more
cbfaply for the benefit Of the body and that
Prince told him then, as reason why he could
not Join. that he WAS not twenty. years old. The
enht y that m9 nt r tsa Mas
That he was very tall and his face showed to me
h. more han TWENTY lie t tq Kim her t states
was twenty4three, This statement was madeb by
Prince alter the h ial in thia case
Antoine Esauiana knew Prince IN 1866 and
thinks he was then tveor six years old. Thinks
he is now about nineteen Or twenty.
LafIaranderie senior thinks Prince Ia not
twenty -oBe. Believea he waa about nine In
1909.
Erneet Joubert thinks Pence was about seven
In the middle VI 1895. but does not know his
ago.
Oeoie Meilleur Gays river pilot was reported |
to BIO Princes father: that he died about 1887 or
1851 could not be certain rs to the year. Prince |
waa about two yeats old then. very small. lust
comm neing TO run around. Prince was about
ness OF his fathers death. |
The substance Of The testimony Of Mr.. Charles |
Cavanac y that Mr.. Prince: photographer |
here, In 1863 commenced living with the mother |
of the Juror; that no was intimate with Prince
that he saw Jas. Prince IN isSt and that be then
not know WHEN no (James Princel was born: |
that hit friend Prince died In 1867.
Amelia Haya sa,s the Juror ,, IL IL her brother 1
1886; that be is new about twenty three accord,
ing 70 her mothers statement; that abe heard
that he was born in 1856.
The witness alao states that her mother al |
WHY'S s et % that sSs heard I Prince
that Prince was proud Of him, fond of him. |
used TO take him out Sundays. etc. that james |
died. WV y N'ss 80 = ~
Mr.. Detsray says the Jurors mother told him |
some time before the election In 1afG: ! am
going 10 get one more 70 Q for the Republicans,
My Hon H of age. and he ia going 70 vote"
The testimony taken altogether does not |
Witnesses and heareay testimony are alone |
offered for the guidance of the court The |
court cannot say th,t the Juror awore TO lie on
his rou dire, In this contradictory mass OF |
ne "a'y to eonsler Whether the application
court doubts II 1t DO In time but is relieved OF
tho niece city fer passing on this point by rea-
aGn Of 'he failure Of the - defendant he to prove
The second point raised by this supplemental |
motion is that Jeremiah Lincoln juror here
in had sworn on his ror dire examination that |
he was competent juror. and had formed or |
Expressed no opin,iqn calculated to affect an
anch Ia the fact. that few days before the day |
OF trial he, the said jeremiah Lincoln, openly |
stated TINT Anderson wac guilty that he had no |
be hanged for 1t. or words to that effect" |
The court q United testimony on this. Three |
wttnes es. L. Ftzner, Julius Fitzner and Chas |
N, Moore were sworn by defendant and the re- |
suit was an utter failure to establish anything |
anpportng se allegaions Of the motion a ion with
nesses had heard Lincoln make any such state |
ments.
The second supplemental motion Ia based |
upon the allegation that tho defense Ia In pos-
session Of newly discovered and material evil |
denee which 1t was, not possbe 70 addqce on
tle I and Of r. O zaehare. ~
by Littlefied defendant says he expects to |
prove that the alleged forged document was |
the control OF defendant; that defendant knew |
nothing OF the alleged forgery. had no connec- |
ton Herewith or wi, b the criminal publishing |
of tho same; that Littlefed had testified to |
those facts before congressional committees: |
that defendant was not aware when on |
trial that I.ttleneld had returned to |
Louisiana anu was then within the |
reach of the process Of this COURT that Little |
field had returned clandestinely and only made |
his appearance In pubic after the evidence had |
been closed and argument opened that II was |
only after such appearance in public that de- |
fcndant knew Littl, field was within the lurs- |
diction of this court.
It was admitted hy the State that Littlefeld |
arrived here on the fifth Of this month and only
appeared in public after the evidence In this |
case was closed, and that HE arrival was not |
known to defendants counsel.
BY Xacharie defendant states that be expects |
to prove that at the time OF the receipt and |
opening Of he package containing the returns |
OF the parish Of Vernon. he was not present. as |
enormously testified to bv some witnesses /: |
that errors of calculation in the compilation |
and tahulation OF votes east IN the various par
ishes Of thayState were frequently made by him |
an.i thn nnn nnrntin clnrEs nnnnr his chnrAyn L