The Caucasian. (Shreveport, La.) 1900-192?, 1907-07-28
OPPOSE +: VIEW
Can the Case OF the Convicted Italians
Be Appealed:

victed the Italian child murderers. in
St. Charles parish, was under legal age
at the time he joined i'll rendering a YER
dict i'll capital case. ana therefore the
trial itself was illegal ana the verdict
therefore void
The Juryman whose age is called INFO
question is Mr. Joseph Horter Vial. and
statements from crediblt sources nave
been brought forward Do show that he
wa, a minor and nu4 % legal age when
the verdict was rendered. and upon this
alleged ground it is held that the trial
in which Mr. Vial participated was I'M
lawful, and the verdia in which { re-
suited null and void, and therefore the
persons either go free Or else
they must be subjected to anotheS trial.
If u should be eonclasively demon
strated chat one member OF Che j,syy vas
from joining i'll a lawful
verdict, and hy consequence Che entire
trial was nul and ~ no effec, the de
PENDANTS would be placed in The position
of having never been legally tried. and
therefore Of never having been put in
jeopardy 81 sheir lives They would
simply be in Che same situation Is re-
CARDS Che law as il no trial ever had
been held in tlleir cases since trial which
is null and void as 20 all that il bought
forth is no trial 40 all
But in order 90 call Che sl1f1ciency OF
the said trial in question. a motion 70
that effe1 would have 20 be made by
the convicss. All right OF appeal for
any cause Is confined 20 tllem The
State representing the prosecution Gan
do nothing. This rig1A Of appeal re-
mains u the eonvicts or defendants in
the case within limited period, and it
must be EXERCISED within that eime
Were Che appeal granted upop a
al,at Che former trial was null,
the petitioners being in the condition of
defendants who never had Been tried,
would be subjected - criminal prose-
cution de novo, just as il they had neves
been previously up for trial.
1t comes about as the result of che
conditions alleged, that first of all an
appeal would lie 70 annul the former
rial Oh grounds of inserfficieney and IL
legality, as nothing can be done by the
courts unless some action is brought be-
fore them. If the former trial were an
nulled for 1llegality and insutfici0ncy, the
petitioners would be remandet. to the
St. Charles court for trial under the
charges and indictments upon which the
former trial was based. and it is much
to be doubted If they would gain any
hing by another trial.
Nevertheless, the right of appeal still
to them until the term 0 which
such right is limited shall come to
close Should they fail to appeal it Will
mean that the convicted persons have
to the conditions i'll winch
they find themselves.
ONLY ONE APPEAL
Times Democrat But one appeal IS
eft for the four convicted murderers OF
little Walter Lamana, according to At
torney General Gt1ion This is the State
Board of Pardons. The Attorney Gen
eral stated that the case was closed as
far as the jurisdiction of the courts was
and could not be either ap-
pealed by the defense of the verdict of
the Jury aSsailed by the State He ex-
pressed no opinion upon the matter OF
the alleged discovery that Juror H, }.
Vial was not of age.
District Attorney Marrero, who rep
resented the State in the prosecution OF
the Italians. assered most positively last
night that nothing further could be
done in the case. The incident is over
so far as the State and the defense is
The State can not twice
place men in jeopardy for their lives.
and the condemned now have no re-
course. They lost all chance of an ap-
peal when they allowed their counsel, L.
Robert Rivarde to waive all their rights
of appeal.
The men and woman have been SEN
fenced" said Mr. Marrero, land moth
ing can change this sentence, The al
legged discovery that H. ]. Vial was a
minor at the time of the trial will not
avail The State can not reopen the
case. TIE defense has lost its rights.
The matter can not go to the Supreme
Court, and it is all balderdash for any
lawyer to talk of filing an appeal in the
case of Cologne Gendusa. 1t can moi
be done The only thing left for the
prisoners to do is to bring the case be-
fore the Board of Pardons l do not
think that would do them any good
do not attach any Importance to the fact
of the age of Mr. Vial now. The time
is past 1t is hardly thing which could
ho @,l,a,, hofo~a tho po,rJ IS D,rdops