The weekly Iberian. (New Iberia, La.) 1894-1946, 1900-06-16
.Nofinas Dugas
!. Gwen a Preliminary Hear
ing Before the
n;,tr;ct Court. The Gist of
the Evidence OF
Both Sides.

&C lie Safe versus Morlnas
n.,s was called for the puspose
preliminary hearing. The wit
! g., both sides were called
rtouest of the District AT
,Orpey sequestered'
The accused was then brought in
oourt IN custody of the Sheriff
y took chair by the SIDE of his
,,nosel. Hon. r. F. Broussard and
L0. Hacker.
The frs, witness called was Dir.
TN Brian who after being duly
.vo,o testified as to the wounds
feuud On the body Of the deceased
...n He also explained the course
4, ,he various shots which entered
the body of the deceased and stated
th.t ore of the bullets wa! fatal.
The DYING declaration of Marcena
Douas was then read, but was oh
ieclyd TO by Mr.. Brous'ard on the
Iyllosing grounds.
First, that the dying declaration
xr s0pprts,ed document; Second,
hat the Ju.tlce OF the Peace wDo
took the dying declaration impress
ed upou The mlnt Of The deceased
tbst be was dying. Thirdly, that ii
yciies facts that are not part OF
he RS gpsta Fourihly; That II
does not assert atiiImatively tia
tbe deeea,e ed WIS Of sound mind
Nj. Hacker objected to the docu-
meat for lie reason, tuaL.It was II {
fIei 10 the Clerk i eff ce and second
" bpcal Sc Justice Of the Peace of
the 9Th wal1 hid no jurisdiction IN
Il lie a hwa'd Of the parish.
District Attorney Muller replied
and s.alei fiat The dying declar-
alton was moi OF record before the
trial went before the jury, that the
deressrd sad 81 ON corS"Ious that
am about TO die, that all facts I'M
medillely corrected with the aci
mmi lie are pirt of the res gss 9.
Mr Bronssard replied quoting
numerous authorities. Jndg Foster
assT-fuei the objections of coansel
IL defense, and that the document
va admissible. The dying declar-
aon was then offered in evidence
bythe District Attorney.
The examination OF Dir. Brian
wA c0atinnei. The cause of death
8as Then explained AS being that
lhe lung Of The deceased had caused
Dood 10 fill the lung and settle
around il.
ine next witness called was Le-
aalfe Dugas brother of the deceased
vac said III substance al saw MorI-
1as shoot from behind Tree. After
''e soootlng saw him in the road
Tuning towards his house. ,
Cross Examined by Mr.. Brous-
Mld the witness said. "The shoot
'ug occurred at dusk on Juue 5lh.
~ aafcena and Morinas together
~ peloFe the shooting on the line
v 'htlr places. | saw them when
'as' were speaking together. | saw
As'ceua at the house. | came out on
@e gallery to see them. When they
se'e speaking ! did not hear wha,
's' SAID. ! don't know If they had
aal iuss. Marcena returned 10 bis
a''se and got bis gun and then wei
: NC pabilc road with 1t. follow
a'n. When asked by Mr.. Brous
- ne always followed deceased
'asu ne took his gun oat witness
"a "Yss! Sometimes. | don,
-Ss Shy ! dill so, but wanted
- where he was going " ilh his
=" " aen he left the house | sup
s ne had had some difficulty
y Aor'pas and that is the rea-
= ! followed him. | did not call
g % stop. | only saw Morlnas
s' .sa ne shot, heard Marcena shout
~ a1ot was fred that he wa,
A'ng Of Men," That Is all III
member Inn saying. .In answe,
s,.s.a ..,'eer Questions witness slid de.
I'M y Va was excited. BY Mr.. Brous
~ !. rom where you wee stand
mi behind the tree where he
y!