The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-14
THE RETURNING HOARD CASE.


The rule for q new trial IN the case or Tom
Anderson was tn have come lip yesterday
morning before Judge Whitaker. Mr.. Castel-
lanos. on behalf Of the defense. stated that he
had just obtained additional evidence going to
show THAT the defendant was entitled to q new
trial The defense. therefore, asked delay
until THIS morning 10 finish further aftidavts.
The court. In granting time. replied that az
the Attorney Generab was absent IL would
continue the motion indefinitely, 80 as 10 give
the counsel Time to file the new grounds. and
also TO The Attorney GensS2a If he needed to
investigate the matter
Shortly afterwards the Attorney General
aud Assistant Attorney General arrived. when
Messls Gastsliahos aid John Ray withdrew
to prepare their additional motion.
1he motion contains the following.
That with rendition Of the verdict against
ThotnasU Anderson he has discovered now
important evidence on his behalf in this cause,
which It was not II his power TO adduce on
the trial. TO wit. The testimony of ono Little
field, Ms mover really believes within the jurisz
dintion OF this honorable court that he ex-
poets 10 prove by said Littlefeld TINT said
forged document was never ut any time IN the
possession OF under the control Of said mover !,
tnat Thomas G, Anderson
KNEW NOTHING
bt the alleged forgery, nor hau any Gohllee=
lion Herewith or with the criminal publish
ing Of the same; that he, the said bittlefield,
had testified to the above facts in the city of
Washington before the congressional commit
too appointed for tho purpose Of taking testia
meny III the matter Of the conduct OF the cleo
ton In Louisiana. that Mt the time this mover
was ordered to trial he was not aware Of the
fact that said Lttlefed had returned to the
State Of Louisiana, and WIS within the process
Of this court. that sald Littlstleld after one
years absence from the State returned here
clandestinely. hid himself clandsstinely and
only made his appearances In public after the
evidence had been closed and the argument
opened in the case; that II was only after said
appearance in public es aforesaid That your
mover became aware Of the fact that hs was
within tie process Of this court.
Said Thomas g. Anderson expects also to
prove by the testimony OF
FRANZ G. zAdHAnIE,
q Senator Of this State, that ut the time III the
receipt and opening OF the package contain
Ing the returns of the parish of Vernon, said
Anderson was not present Mt the same, as en-
toneously testified by some witnesses. That
errors Of calculation IN the compiling and
talillation Of votes enst tn ths various par
ishes Of the State WINS frequently made by
him and The Democratic clerks under his
charge. and that n criminal design for such
errors could not be- attached thereto; that tO
his own personal knowledge he con swear that
the report made by Thos. Wharton Collens, Jr.,
Is erroneous In many respects. and more par
ticularly in regard to that portion relating 10
remarks made by counsel and various other
parties ut the court and examination OF the
ret,trns that this evidence is material now
md important for his Defense and in his
Judgment calculated to rnise n strong pre-
sumption Of his innocence.
Your mover declares and swears that the
facts which he expects TO prove ny Z. q. Zach
arie have been communicated to him Mt this
moment only, that he bas used all due dill
gence. and nude every effort to secure this
testimony in proper time, aud that this appli-
cation Ia not made for delay, but TO subserve
only the ends Of Justice and 10 assert and
vtNp1CATE HIS INNOCENCE.
Tho above was sworn to by Anderson. and
after consulta lion with the Attorney General,
the argument was fixed for Friday, February
Is. ut 10 u. IN.