The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1884-07-12

ABNER Harris REFUSED BAIL.-The case
of Abner Harris came up for conclusion
of the preliminary examination last Mon
day, and the following extract from the
elaborate Judgment rendered by Judge
Duffel will fully explain the circumstances
of the homicide, as well as the disposition
made of the matter:
| After listening attentively to the testi-
mony and reviewing the dispositions, which
| cover fifty folios, 1 gather that on Sunday,
| LIST June, 1884, accused had n difficulty
| with Andrew Johnson at a store and that
ON Friday, 9Th June, same month, they had
a second difficulty at q store, III both Of
which violent language and threats were in
dulgedin and pocket knives and pistols
| were freely exhibited, although not actual
~ used, and that accused was collared and
pulled about, in one instance by Andrew,
and kicked and struck at another time by
Henry johnson. 1t further appears that
on the evening of Saturday, 7th June, 1854,
two witnesses saw accused squatting be-
hind fence with gun in his hands; that
he was seen soon after on the Ieyee with
his gun, and that while there he was met
by the. two Johnsons and Clay Cushinberry,
who hailed him for the purpose, rs several
of the witnesses said, of having talk with
him; that accused refused to talk and
walked on, and that thereupon the shooting,
took place in which accused shot and NOR
tally wounded Andrew Johnson, who died
few days after III New Orleans, where he
had been carried, and then shot at Henry
Johnson and afterward escaped through
the field. Some of the witnesses say ac-
cused began the shooting, others affirm
that the Johnsons did. Some say the john
sons were on horseback during the shooting
Ii ~ L l. ,lol
Vanced pistol in hand on accused. 1t is
evident that there was hard swearing in
this case, OIL all sides, but the main facts
remain upon which all the witnesses agree:
l. that accused was seen on the levee with
his gun: and his friend who had gone for
his wages money, says during two hours;
2. that he actually shot and killed Andrew
Johnson. What was accused doing there,
armed as he was! The answer is Obvious
waiting for the Johnsons who he knew were
at,the upper store and who he calculated
would pass his way. And they did pass his
way, and he refused to talk with them, and
as he had selected his time, place, position
and arm, he obtained an easy conquest.
l do not see one element of self defense
in the case. He ran away after he had
killed his znan-in law, and TO justify him
self he should have kept away and retreated
before killing, as no one should kill his fell
low creature unless he does SO after having
made serious and reasonable efforts to avoid
the assailant without being able to do SO.
As the crime with which accused is charged
is that of wilful and malicious murder and
is punishable with death, and the proof of
the crime is evident, feel it my duty to
refuse to enlarge accused on bail. Let
therefore, the accused, Abner Harris, who
is charged with the willful and malicious
murder of Andrew Jownson on the 18th
June, 1884. within the limits of the parish
of Ascension. be Kept in confinement in
the parish jail to answer said offense, and
let Peter A. Jones, Sheriff of said parish,
there safely keep him until he be delivered
in due course of law, and hold this his war
rant for SO doing.