St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1922-12-02
VIAL GUILTY OF
MANSLAUGHTER
IS VEDICT OF
THE JURY
Sickness of One Of Jury
men Causes Peculiar
Situation
JURYMAN WILLING =
TO FIGHT 1T OUT
Jury Nine for Conviction,
Three, Including Sick
Man, Say Not Guilty

81
The trial of Emile Vial for thr :
the murder of Lew Reynolds
Young at the previous term of
court resulted in mistrial and
was assigned. for retrial at q
special term and has been ON
trial since Tuesday, Nov. 28tt1.
Amos Il. Ponder and @. 8.
Frederick are counsel for Vial
and Judge Thos. M. Burns and
B. Nj. Miller are assisting Dis
trict Attorney Vol Brock in the
the prosecution, the charge be-
ing changed to manslaughter.
The dense throng that crowded
the court room at the previous trial
was somewhat in contrast to the
present trial Seats were available
for most of the audience and the OPP
pressive crowding about tho railing
and the judges bench was relieved by
open breathing space. The proceed
ings were more quiet and witnesses
could be heard more distinctly. Also
the wrangling between attorneys,
which was conspicuous at the pre-
vious trial, seemed to have been dis
placed by more pleasant and agree
able conduct Of the case.
The drawing OF the jury was COM
pleted Wednesday the following be-
ing accepted: r. I. Fitzgerald, Eel
der Fitzmorris, Walter Edwards,
Jacob Sharp, John H. Sharp, Waiter
Smith, j. B. Moore, James Single
tary, w. G.. Powe, F. c.. Toney, JOS
Todd, Horace Alexius.
The testimony was practically the
same as at the previous trial, with
the exception of two new witnesses,
one negro boy named Pierre, who
testified he gave the pistol to Vial,
who stuck it in his pocket, and Mr..
Linsdale, an employe of Poitevent &
Favre, who said he had started to
Prieto's place, heard shot, saw auto
and ore man got out, look around
and then leave. His testimony was
introduced to defeat the testimony OF
Kelly and Teller, who testified that
they were taking Young out of the
place and were at the door entrance
when the shot fred from the back OF
the store struck Young in the back OF
the head. Mr.. Snow, Sr., who heard
no screaming; Mr.. Vautrain, who
said that he was on the bench with
Snow in rear and that persons in
front could not be seen from there.
All the testimony shows that Young
was shot in the back OF the head.
The defense tried to prove that Vial
shot Young while he was punching
Mrs. Vial with revolver and threat
ening her. The state witnesses tes-
titled that Vial ran from Young after
he had knocked him down; that he
sent his son for gun; that the boy
brought revolver and that Vial told
him he did not want 1t, to go back.
and get the shotgun; that he did so
and that Vial went back into the
soft drink establishment and shot
Young as he was leaving the place
with Kelly and Teller. The defense
introduced several witness to prove
that Young was a desperate char
acter and dead shot, sand a deaf
and dumb witness named Baker tes-
titled that he heard screams. Dis
trict Attorney Brock, in his speech to
the jury humorously remarked that
the only witness who heard screams
was the deaf and dumb man. Mr..
Ponder urged the right of man to
defend his wife and protect her from
injury, self defense being the argu-
ment for the defendant.
A serious question arose when one
Of the Jury, r. I. Fitzgerald became
sick and DIR. Gautreaux was asked
- hi a
have some temperature and to be
threatened with grip. Mr.. Fitzger-
aid maintained that he was able to
continue service on the jury. The
defense offered to continue the trial
with II Jurors but the state refused
to consent to this. Judge Carter
decided to let Mr.. Fitzgerald remain
on the jury. Mr.. Ponder then took
exceptions to the ruling.
The case was given to the jury and
the Judge charged them at $50 p. m.
Shortly afterwards they were TAX
en- to super and about an hour later
Deputy Quatreveauv Informed Judge
Carter that the jury was ready to
report.
The foreman announced that the
verdict was guilty as cnarged- Mt.
Ponder asked for poll Of the jury.
which showed that all voted guilty
excepting Walter Edwards, J.. B.
Moore and r. I. Fitzgerald, the Ill
juryman.
Mr.. Ponder asked for time to pre-
pare for appeal and was given till
Thursday week.
-- o.
Mr.. Alvin F. Beaujeaux, Mande-
Vile, was appointed jury commits
sioner, vice Mr.. VIM. Shell, resign
ed, on November %.
BOGALUSA VS.. ST. PAUL'S.
What promises to be a good foot
ball game Is scheduled between st.