The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1878-08-10

sfraIs9 the stains TO be blood, aud evidently
the blood Of a person subject to malarial
feveV. An analysis Of stains upon the coun-
ters and money draw in she store where
the murder was eaplnittsd, showed the
blood1x0- possess similar characteristics to
that upon the coat of Chiidress.
THE LAWS DELAY.
The four accused were indicted by the
Grand Jury January q, 1877, we've arraigned
the same day and plead not guilty.
At the ensuing term of the District Court
\ the trial was fixed for June %, and seYer-
ance granted whereby Childress aRd Cartel
should be tried separately FROM BANKS and
| Lauye. The reason for this was, that under
I the law then IN force, the State had but SIX
peremptory challenges while empanneling a
jury in any one case, no matter what the
number of accused on trial, whereas each
accused was entitled to twelve challenges.
This inequality has since been remedied by
a law giving the State six challenges for
| each prisoner. When June % arrived the
entire day was consumed in obtaining five
jurymen; and next morning one of these
complained of illness, for which reason and
by consent of counsel, the case was eoiltin-
ued indefinitely. sF,ts7. fg.l.ssI Tfg.- 5.g,YE-
In December the cloud restiAg upon the
official title of Judge. Marks preyelted the
consideration of important matters, aud the
Arrieqx case was not called up. 5tsi
TRIAL AND CONVECTION.
During the last session of District Court,
| in May and June, the trials of the four ae-
fused took placa,, in accordance. with the
| severance above noted. - $3.50
The case of Childress and Carter was as,
signed for May g, but had to go overstWO
days on account of the unexpected length of
the Ryan murder trial. On May 81 the pro-
eeedings began in earnest and continued un-
til day break of Tuesday, June 4, when the
jury returned into court after less than half
an hours consultation and presented a yer-
dict of guilty. ~
The prosecution was admirably conducted
by District Attorney F. B. Earhart and
Messrs. John HI. llsleY, Jr,, r. n. Sims, E.
N. Pugh and Fred. Qutfefi Childress being
ably defended by ], 4; Winchester, Esq,
and Carter by Judge John A. Cheevers
The finding of the body, cause of DEATH
presence of accused in the store the evening
of the murder and the confessions of Child
ress were sueeessiyely proven, after which
the startling testimony Of Mrs. Flarilie Mar
Gel was introduced. 'ats.'.' t.sl
+ This little French. Canadian woman, who
then lived upon the adjoining Wallia place,
near the store, swore positively and i4eon-
tfovertibly that she witnessed the murder
GUS assault upon old man Arrieux. She said
she went to the store just after dark to get
some coal oil that a good many people were
there, to whom Mr.. Arrieux presently cried,
:: For Gods sake go out, I am tired and want
to- close my store;" the crowd thereup0n
departed, with the exception of the four nc
pused and herself. The relative positions of
the persons remaining was described by the
witness as fnllnWa Mr.. Arrieux behind the
pear COUNTER witness in front OF that conn
ter facing him : Banks to her left, by the
upper side counter, toying. with the fatal
four pound weight; Childress and Lauve in
the central space behind her Carter leaning
backwards against the lower counter, ours
ing and calling for more whiskey. While
she Waa speaking to Mr. ArrieuK about o
water. hapfel le had promised her, Banks
snddenlY hurled the weight with great force.
the Missile striking Mr.. Arrieux on the left
temple. then glaneing to shelf and break
ing candy jar The old man dropped on
one knee crying OUT aOh, Lord i"7 Ranks
drew short club from his coat sleeve which
Ghildress rushed forward and aeized, and as
witness stepped back, Banka and Childress
fell upon their victim and beat him sayagely
over the head. Lauye now ran up, searched
the pockets of Mr.. Arrieux, obtained some
thing which witness could not distinguish
undoubtedly the key to the money drawer
of the desk in the little ofice-then pasaed
quickly through the door leading iata the
office. At this point MFs. Marcel left the
store aud started home, but sat for 10 few
momeAts nnthe corner of Wallis fence, ana
presently saw Lanye come around from be-
hind tho store, staggering rs if he was very
drunk. This strange woman says she &C
tHallY laughed ct the fellows narrow es=
papea from tumhiing into ditch then she
Went to herhouse and paced back and forth
aa the gallery with y gun until the return
of her husband from his watch at the sugar.
house. at midaight-Ua apeaNRtahle as ksr
presence in the sstareI aud her subsequent
behavior were, there is no doubt that she
.gas there and saw the murder perpetrated.
Ehe confessions OF Childresa-e1eepti "a ia
the part which he himself-played Id the gf. |
fair-the four-pounsl weight, the broken glass
upon the floor, the finding of some fractional |
currency back of the store, where Lauye |
had passed with money taken from the desk, |
completely ,corroliorate.l her statement, |
rigid cross examination, instead of marring |
her narrative made il clearer and stronger |
than it was before. -
Several witnesses were introduced to |
prove M aEili for Carter; but as they were |
kept eAt VI the court raam until called upon |
The stand, and did not her each others testi-
nony. the result was a conglomeration of |
eviaenee that. merely served to
confirm aceVsed's guilt. Warned by this
B SRs.sa 81 ffs s kt sEssssasas Sa
Y his hehalf, relying solely upon argument
before the jury. 1t is unnecessary to reeur
% the eloquent speeches Of counsel or the
complete and impartial charge of Judge
Duffel to the intelligent iRry. We think no
reasonable mind will resist the conciusion
hat the guilt of the accused wis clearly as
aud that the, verdict of the jury
vas truly in accord with law and evidence.
The triaL ct Banks and Lluye opened
une 10, and held ON through two DAYS and |
hree-quarters ofsay nighte All the testimony
lddueed on the Former trial which was per-
inent to this, was rehearseil, Including that
# Mrs. Marcel, who did not vary a hairs
breadth from her previous, statement Al
hort club which had been discovered under ]
! pile of trash in Banks house. was pro-
!uced at the trial, and Mrs. Marcel identi-
led it as the club Banks had passed to
;hildress and with which the latter bella
'pred Mr.. Arrieux. Banks was in the con
tant habit of wearing blue army over
oat during cold or inciement weather; Mrs.
larcel said he had that coat on at the time
i the murder but no trace of the garment
ould be discovered afterwards. The infer
nee is that Banks made way with it to hide
ts tell.tale blood stains. Attempts to prove
Abfs for BaRks and Lan4e were quite an
utile as in Carriers case, all the witnesses |
oil 4