The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1880-08-07
The Green Homicide.

The Green Homicide.
Conclusion Of tho Prslimlnsry ExasAaasa
tiusi--NIr. aibson's Bail Reduced
10 $1,000.
! Yesterday the preliminary examination
of the case Of the State ~. BenAjah Glib
son for the killing Of \. J. Green, II
Donaldsonville, On tho 18th Of July, va,
resumed before District Judge Cheeyers
and the taking Of testimony for the pros.
ecution concluded.
i The list Of witnesses for the defense in.
cin0es some fourteen persons, but coun.
col for accused decided to rest their case
for tho present almost entirely uPon the
-State's testimony and hencs only one
witness was examined Of, behalf u MI.
Gibson. Robt. @. Dagu6, Esq., to wsll-
known young ct. Jahhes Attofn4 Md r.
N. McCullOb, Esq, Of DonAldsonyille,
conducted the examinations Ut yesterday
for the prosecutions Messrs. 3. N. Pugl,
and Fred. Duffe1 appearing for the de-
fense. When TIE taking Of evidence was
completed, defendants attorneys asked
the unconditional release Of their client,
averring that the State had totally failed
to make out case against him. Counsel
for the prosecution asked, ON tha other
hand, that the accused be- committed for
trial before the District Court, and the
Judge SO ordered, fixing the bond at
$1,000, which was at once furnished. II
will be remembered that the bond fixed
at the close Of the FIRST day Of the pre-
liminary examination, ON Saturday last,
was $2O. 200. The inference to be drawn
from this considerable reduction in the
amount Of bail required is that the evil
dence adduced has produced upon the
Judges mind an impression decidedly.
favorable to the plea Of the accused that
the killing was done under state Of
circumstances that justified Mr.. Gibson
in believing his life in danger.
The persons who have testified in the
case are Dr.. J. 3. Vandegfif, Coroner,
who held tho inquest !; DR.. John Z. DUFF
fol, who attended Mr.. Green just after
the shooting; Dr.. B. Claverie, who as
sisted in holding the autopsy; Mr.. Moses
Goldstein, who accompanied Mr.. Gibson
from the post office to the corner where
the ARRAY occurred; Rev. Robt. s. Stu
art, who walked with Mr.. Gibson from
the post-offioe as far as Hafele's corner;
Mr.. Z. L. Weber, keeper of the store OPP
posite Bercegeay's corner, who witnessed
the affray MIR. Frank Martinez, who ran
from the post-office to the scene Of the
difficulty the moment the shooting be-
gan Mr.. Numa Braud, who witnessed
tho shooting from Hafele's corner; Mr..
Adam Conway, who stood at Pugh's up
per corner and saw ono shot fred and
then retired in quick time; Mr.. Joseph
Rateau, clerk in Weber's store, who stood
near Pugh's Office and witnessed the en-
tire difficulty; District Attorney r. =.
Earhart, who was with Mr.. Green before
the affray occurred and standing almost
between the two mon when the
firing begaf; Mr.. Anguste Bercegeay,
who was in his house and heard two of
the balls from Mr.. Green's pistol strike
the building; Mr.. David Israel, Deputy
Sheriff, who saw some of the shooting
from the Immediate vicinity Of the Court
House /; Miss Antonio Bercegeay, who
witnessed the beginning of the affray
from all upper window of her father resi-
acnce; aud Judge r. N. Sims, who stood
nearly in front Of the post-offico and saw
Mr.. Green in the act of drawing revol-
yer four OR five seconds before the shoot
ing commenced.
We had intended to publish synopsis
Of all the testimony adduced, but find |
That our limited space will net permit |
this to be done in this issue. We shall |
give for tile present, therefore, brief
of the evidence Of District At
torney Earhart, who is the most import
ant witness, having been OH the spot be-
lore, during and subsequent to the fight.
MR.. EARHARr's STATEMENT.
On the 28tll Of July was coming out
IF the post-office after getting my mail
md met Mr.. Green. We walked togeth-
n up Railroad Avenue, and lie com
rna,,Dn1 IN IN 1xso G.ox
forming me that he had asccrtained the
author of the communication relative to
lis office of Justice of the Peace pub
ished in the DOnaldsOnville CHIEF. He
was very much excited and his language
the author Of the card was
'iolent. I used AL my powers of persua-
lion to prevail upon him to go home to
lis family and leave the difficulties of
lis Office in the hands of his counsel. No
ldvice seemed to have any efect--in fact
le said be wanted no advice. When we
cached Mr.. Bercegeay's corner we stop
bed, Mr.. Green still continuing his
threats and violent language and I per-
istently trying to induce him to go home.
PRESENTLY Mr.. Gibson came along from
he direction of the post office and when
re nearly reached MS, the deceased turned
round and said "That Ben. Gibson is
fellow" or words to that eff
ect. Gibson was taking direction to
'ur left when he remarked, care You
addressing yonr words to me Z" Green
aid, eyes, Ben, you carry smiling
ace on this side of the river and a differ
Mt kind of face on the other side of tho
iver," and other expressions which I'M
er the circumstances escape my men,
ry. This was all said very hurriedly
nd the movements of Gibson had brought
i'm around facing Green, aud in order
0 avoid a collision between them, 1 told
sreen To cxo home md either 1,1,shad or