The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1907-04-13
Termination Of the Fayrot-AIdrieh
Murder. Ease

Termination of the FaVr0t-AIdrEeh
Murder Case.
The newly-empanelled grand jury
serving in the district court of East
Baton Rouge parish on Thursday re-
turned the finding of mot true bill,
in the case of the State of Louisiana
+ vs.. George K. Favrot, founded upon
the deliberate shooting to death Of
/ DIR. r. II. Aldrich by Judge Favrot
/ in the city of Baton Rouge on the It'll
1 Of November, 1906, the next day after
/ the election of the accused TO congress
/ from the sixth district OF Louisiana.
/ The announcement of the grand jury s
] finding was followed by the release of
the congressman-eIect, who walked
| forth from the parish jail in which he
had been confined for more than FIVE
months, freed from any further ac-
/ countability, under the forms of law
1 as at present construed and admin
1 istered, for taking the life Of his for
mer friend and schoolmate.
| The New Orleans Picaynne of yes
terd ay, in an editorial article entitled
'tThe End of the F'avrot Case, has
SO well expressed the views of The
| Chief with reference to this ttcause
celebre' and its extraordinary termi-
| nation that we cannot do better than
quote in part our esteemed contempo-
raryis comments:
This has been famous cause in this state
and before the world, because it turned upon
| the 'unwrttten law, which excuses or justifies
a man in resentlng to an extreme point any
Insult or grievous injury to any near female
relative or member of his family.
| Last November Judge George Il. Fayrot, of
the state district bench, had just been elected
| to represent the sixth district of Louisiana in
congress. Information had come to him that
DR.. b. 81. Aldrich, prominent citizen of the
committed acts or made remarks derogatory to
the honor and good name of the judges wife.
The judge, on hearing the charges made in the
anger and shot him down and to death.
| There vas no question as to the killing or the
slayer. He was arrested and subjected to
preliminary examination and committed TO jail
without bail grand jury that had been chosen
previous to the killing, found an indictment for
murder, but in the meantime the judge himself
| being the accused and prisoner, no court
could be held to try him until an election could
be had in due form to choose another judge, the
| prisoner having promptly resigned from the
| bench.
After the necessary election had been held
and a new judge assembled the bench, the coun-
| eel for the accused went into court and inn
/ peached the legality and sufheiency of the
grand jury which had brought the Indictment,
chiefly on the plea that one of the incuisitors
could not read nor write. contrary to con-
L
degree of literacy in such cases. This plea
was upheld by the lower and highest courts,
/ and therefore another, grand jury properly
qualified was summoned
1t was this grand jury which has discharged
the prisoner and terminated all prosecution.
1t is, of course, not known upon what grounds
the prisoner was set free. since grand jury
is secret tribunal and the reasons for its acts
are not given out. but are protected by law.
In view of the strong evidence by eye-witnesses
/ that the killing was done by the accused, and
the general statements as to the motive which
impelled or led to the act, it is taken for
granted that the grand jury in the premises
found that there was a deliberate Staying by
the accused, but that this Staying was justifi-
able.
The Picayune has more than once called at
tention to the fact that grand jury is not a
court, and its acts should not be confused or
COMPOUNDED with one The grand jury is
body of inquisitors or investigators whose func-
ton is to determine in the matters brought
before it if an unlawful act has been com
mItted, or the contrary. 1t does not appear
the degree or quality of the criminaity further
than the facts elected shall show.
Therefore the question of justifying an I'M
lawful act seems to be beyond the sphere of
such an inquisition, but it belongs to court
which is empowered To hear and determine
That Is the rule in Virginia, where the I'M
written law is universally recognized The
Strother case, in which two brothers of that
name shot and killed a man who bad deceived
aud ruined their sister, is in point because it
was before the world only a few weeks ago
An unlawful killing had been done and the
slayers were known. Although there was gen
erai sympathy in their favor the grand jury.
deemlng 1t had no other right or power, found
indictments in accordance with the testimony
brought before it.
When the case went TO the court the unwritten
law was duly recognized and determined the
verdict of the jury. The trial was open and
public, and all the grounds for the juryys YER
dict were plainly set forth. But when a grand
jury undertakes to recognize law something
which is left wholly to the trial jury, where ali
the discretion, if there be any, is lodged there
seems to be an Infringement by the inauisition
ways lead to satisfactory results or be wholly
justifable.
In these observations the Pieayune is not en-
what seems to it a simple matter of right and
duty.