The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1878-03-02

dersoD's guilt before trial. and ON h,.
vofr dire exaninstion declared that n,
had NO fixed opinion. The court hold-
that three witnesses examined on TIA;
point declared that they had never
heard the Juror make auy such state
ment. Asto the testimony OF Iattl.h-,d
and SeastOr Zscharie. which II l.
claimed by defense would have mate
rally aided the accused Ia proving hi-
Innocence, the court holds that bal b
these witnesses could not have di-
proved the evidence Of McGioin, Coz
Inns and Evans Is TO the presence OF
Anderson At the opening Of Vernon
parish returns, TO which al-o Governor
Wickliffe. on hearing motion for new
trial, hsd testified Littlegeld "a. Oh
hand when motion VA. tried. bot NOT
summoned by defense. ZachAr.e ~.
not positive ~ to the absence of An.
derson and as TO the inscrufacy Of
Collins report, claimed by deien.e.
he te-tifies IL was la the main correct
There was no other evidence offered
on this point, and the motion mast be
denied.
NEW ORLEANS, February 2s.-Thos
L. Anderson Mas called before the lar
this morning. The motion ia arrest
OF Judgment vas overrulei, aud when
asked II he had anything o. o,i-r u-.
lore sentence, Anderson said th.t IA.
considered HE case = cruel per. -cu,iou
under the forms Of law; that he va In
the power Of the court and ready 10 r.
ceive sentence. Judge Whitaker Al.
svered that the accused had h.d /. fair
trial before al impartial jury and that
the verdict was fully Justified BY the
evidence. He then sentenced Ander.
SON In consequence Of the recc mmen.
dstioh Of the jury TO the mercy OF the
court, 10 the lowest term under two
years At hard labor 10 the state peni-
Tertiary and costs. a suspension Of
appeal was granted Teturnable on
"Wednesday. A motion To tranfrr tn.
Case Of Wells, Kenner and Cs-sanavr
10 the United State court ws- fil.d.
and will lie heard on Wednesday
March 8.
The petition for a transfer Of the csss
Of Wells, cassnsve and Kenner 20 The
criminal curt sets forth the follosiug
reasons: Thst the saij superior Grim
inAi court for the parish of Orleans IL n
state court, aud the prosecution upon
said charge against your petitioners j.
still pending in said court and has not
been tried, and 10 final hearing ha.
been had thereon. That a conspiracy
has been formed, and now exists for
the purpose OF institutiug and carrying
on this prosecution against your peii
TONERS, aud in TIE fuTlherAnce OF THE
conspiracy the couspir.tors have con-
spired for the purpose OF impeding.
ordering and preventing Judicial tr;-
bunals where said prosecution is pend.
ing from equal protection OF Law To
~ -1ll
tors are impeding and hindering the
course Of justice, and are hiudering
and preventing said Judicial tribunals
from enforcing equal protection Of the
law to your petitioners TEst they
cannot enforce in 9 judicial tribunal,
where said prosecution is pending, any
rights secured TO them by the consiitu-
tion and laws OF the United States.
providing for equal civil rights
OF citizens OF the United States, but
the same are denied aud cannot he
enforced In said tribunal-equal pro-
lection Of law. They pray that said
case be remanded from said superior
criminal court for the parish Of Or
leans to the United States circuit court
for the fifth circuit and district of
Louisiana, a. provided by law. for trisl.
There IL an affidavit annexed To the
petition setting forth the truihfglues-
and correctness OF the above facts,
sworn to before w. +. Lane, United
States commissioner, February ., ISIS.
BY Wells, kenRer and CAsAnAvs.