Evening journal., 1891-05-06
NO INDICTMENTS MADE.
The New Orleans Grand jury
Has Reported.
THE ACTS OF THE MOB SUSTAINED

Not a Man WIN BE Punished for the
Slaughter of the Eleven italian Prison
ers. but the Jury and Detective o'Nial-
ley win he Attended To.
NEW ORLEANS, May 6.-The long de
layed report Of the grand jury in the inter
national affair Of the parish prisoners kill
ed March IA was presented late last evening
TO Judge Marr. AS every one has expected
the report iustiiies the action Of the eiti-
zens who composed the mob and presents
not a single indictment. The report which
appears below is signed by all the jurors.
The Report Of the Jury.
GRAND JuRy Room, May 3, 1891.
To the Hon. Robert II. Mari judge of the Grim
inal district court of the parish of New On
leans section A;
when this grand jury entered upon It's term
of service there was pending in section ID Of
this tribunal the trial Of nine men indicted for
participation in the assassination Of the late
Superintendent of Police D. g. Hennessy on
the night Of Oct 10, 1890 The enormity OF that
crime, executed at the midnight hour created
unusual interest throughout the whole coun-
try, while in our own city, vitality concerned in
the administration of justice as deeply affect
ing her social, political and material welfare,
the sentiment of the populace had erystallized
into the concrete form Of expression that jus.
tice be rendered through the recognized chan.
nels Of criminal Jurisprudence, that the perpe-
traitors. whoever they were, be tried by an i'm
partial jury Of American citizens and meet
with righteous conviction.
One Awful Fact stood out.
One fact stood out in awful prominence above
and beyond dispute on question by any man
the fact that a crime Of unparalleled atrocity
had been committed evidenced by the FIVE ter.
rihle death dealing weapons, the numerous
slugs and bullets found imhedded in the fences
and houses at the scene besides the missiles
that struck down the solitary man. who would
never have been marked as the victim had he
NOT filled the responsible position Of chief OF
police Of the law. II is not 70 be wondered that
attention should be directed to the trial during
many days Of its progress in the selection Of
| jurors; the evidence Of witnesses; the argu-
ments Of counsel; the charges Of the judge, and
| finally concentrated ON the twelve men, who by
virtue Of their solemn oath sat in awful 1udg
ment on their fellOwmen. The verdict is now
| official record, bearing date March l3 1891. We
/ cannot be mistaken in the assertion that the
verdict was startling, amazing, q bitter disap
| pofntment, shocking 70 public opinion, provok
/ ing the repeated accusation that some of the
| jury had been unfaithful 10 their high office,
The Prosecutions strong Case.
We feel that VIC do not transcend the limiti
i
strong presentation Of the case as made by th'
/ state through counsel associated in the prose
| cution, clear, continuous, convincing IN the di
| rect testimony and the material circumstances
| II appeared moro than sufficient 70 conyinci
the most unwilling listener with It's truth AMI
convey the full measure Of its power TO thos
who ventured doubt AS the trial neared il
termination it was not possible for an observe
to fail TO realize the comments made on ever
side touching the action of some members Z
the jury when the case should be submitted
Charges and speculati0ns abounded, couple
with the wen known connection Of certain pai
ties Of unenviable notoriety, as shown by thei
presence daily in the court room and building
arousing the suspicion that the most subtle
dangerous and powerful influences known {
the practice Of criminal law were being excl
cised in behalf Of the defense.
What the Jurors said.
These considerations have led us TO invest
gate the subject embracing all its attendar
/ conditions and incidents. The inquiry has bee
conducted with the utmost diligence, devoid
fear or partiality, with the simple purpose {
fastening the guilt upon the proper persons an
presenting them under indictment Of this tr
bunal. Each one Of the twelve jurors Of th
trial was summoned and asked to make stat'
ment. None objected, but all rather welcome
the opportunity.
It was notable feature Of the sworn stat
ment that they primarily sought TO justii
their verdict by attacking the line Of eviden'
presented by the state and attaching muc
weight TO the argument Of counsel for the d
fense II was freely admitted by the juro
that remarks had been made in the jury roo
] as early as the first day when testimony WI
offered and repeated number Of times aite
ward that the state was making poor case
and this was positively repeated at the close
the states evidence
Talked as If He Had Been Fixed" 4"
Ono quarrel at least was reported arisii
from the accusation by one juror TO anoth
with the expression, You talk like you we
fixed before you came here They formed ]
conception Of the tension to which the publ
mind was strung though impressed with u
deep interest as shown each day by the CROW
Of people in the court room.
The Jury's Inattention.
1t was clearly indicated that the necessity Z
secrecy was urged as the several jurors we
selected and Joined the company OF their (,
lows. II was impressed upon them at vario
times and finally, before the verdict was re
dered, brought forward again with the injur
tion 10 destroy every veatige Of evidence tn
had and leave every thought and act benin
Surely the urgency Of this was most cunning
devised to conceal the peculiar events th
transpired in the jury ROOM Careful observe
testify with gnecial reference 10 the marked
attention Of the jury as the witnesses subin
ted their evidence a conduct most unbecomii
. and fraught with the gravest conseuuenc
when the momentous import Of the issue is co
sidered. We are led 10 conclude that the iu
4 undertook TO try the case when II was subm
4 ted by their own estimate Of the value Of stat
ments made by parties not called as witnesse
with strange unanimity they dwelt upon VIII
they knew by reading and hearsay Of the cg
tain incidents of the assassination prior to {
trial and made those the basis OF the powerf
persuasion for giving the accused the benefit
! the doubt and concluding the deliberations
their favor.
The Vote Was Tie.
We must take occasion to say that it was n
expected to obtain any evidence Of undue inf
ence from members Of the Jury, for those wi
were uncorrupted had nothing to reveal VIII
the others would make themselves partice
. criminis yet IN their numerous attempts mu
was obtained having direct connection wi
and supported by the great volume Of testimoi
4 elected during the course Of the inquiry II
clearly brought out by the evidence Of the il
\ ors that as affecting three Of the accused-F
litz- Seaffcdi and Monasterio-the jury engag
!, in the dcliberation Of their cases some four
five hours, attended with intense excitemei
and on repeated ballots the jury's vote stoo
Six guilty, six not guilty. This is a clearly d
fined indication of the convictions OF the ju
as 10 the three accused. IL timpresses us deepl
as IL must every one to whom the fact Is &C
veyed and forces the conclusion that the e
dence was sufficient to justify the six juro
who stood resolute and determined for verdi
Of guilty, making it well nigh impossible
Z reach any other conclusion than a mistri
These three accused names above were prt
ably the unwilling actors designated by leade
OF the conspiracy 10 execute a yillainous pa
in which they had neither personal motive
interest.
Talesmen Were Approached.
Following thin investigation il was quick
: learned from various sources that talesmen Il