Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-02-16
RETURNING BOARD ANDERSON.

argument For a Netr Trtal---One of the
Pleas Set Up apparently Proren.
NEw ORLEANS, Feb. 15.-The rule of
new trlal IN the case of Gen. Anderson came
on to-day. A large list of witnesses were
called, among them jeremiah Lincoln Hon.
F. G. Zacharie and a number of colored
politicians. Mr.. Castellanos read the motion
and supplemental grounds for new trial:
First, that the verdict was contrary to law
and the evidence; second, that James Prince,
one of the jurors is under the age of 2l;
third, that jeremiah Lincoln, one of the
jurors previous to being sworn in the case
had expressed an opinion; fourth, that An
derson was tried by only eleven Jurors:
fifth, that new and additional
evidence had been found since the rendition
of the verdict; sixth, that they were deprived
of the testimony of Littlefeld who could
prove the innocence of Anderson; seventh.
that by the testimony of Senator T. G..
Zacharie accused would prove his absence at
the time the Vernon parish returns were
opened. large number of witnesses were
called, mostly colored, all of whom testified
to the fact that James Prince was not 81
years of age. Two witnesses visited Princes
mother in 1875, when she introduced him as
between II and 18 years of age. One of the
witnesses testified that his (witnessO father
died December 5, and James Prince was
born year and half or two years after
wards. Another witness testified that Princes
mother in 1872 said that James was IA years
of age.
A. F. Tervallin testified that three months
| before the Anderson trial James Prince, when
he suggested to him to apply for membership
| to the order of Friends told him he could not
apply, he was not twenty years old. After trial
witness asked James Prince how he could serve
| stated that his mother told him he was twenty
three years of age.
As to the point relative to juror Lincoln
statement in regard to Anderson's guilt, it
was not proven.
Senator Zacharie. member of the Demo-
| cratic committee of the returning board,
testified that he believed Anderson was not
present at the opening of the returns from
| Vernon parish, but was not positive enough
to say so on oath.
Mr.. Collins report of the returning board
proceedings quoted from during the trial,
| was not altogether correct in every particu-
lar. The defense asked Zacharie if he was
| not aware of the fact that Littlefeld's testi-
| mony was material to prove the innocence of
Anderson. The attorney general objected.
| and the court sustained the objection, to
| which bill of exceptions was taken.
Mr.. Castellanos, of the counsel for the de-
| Tense, declared that he wished to prove by
witness that the assistant attorney general
had stated to Senator Zacharie that Little
| field was not put upon the stand at the trial,
because his testimony would have acquitted
| Anderson.
The assistant attorney general having made
oh, or ,o,,f {ho hol1
no effect if this conversation had taken place.
| The question put to Senator Zacharie was
finally withdrawn. Assistant Attorney Gen
eral Eagan testified that he only stated to
Col. Zacharie that the testimony of Little
field would have injured the case. Briefs
will be submitted tomorrow and the case
be decided without argument.