Year: 1868


without having said or done any thing to any one.
had been following the procession about quar-
ter of an hour.


d. O. Smith slcorn-Is a master cooper, aud
has shop in the immediate vicinity OF the spot
where the homicide was committed. Was at
the corner Of Casacalvo and Spain streets, just as
tie procession had passed on Spain street, to.
wards the levee. was going TO yard to attend
to sick horse belonging to me, when the row
occurred. After the procession had passed |
noticed beside me Q white man leaning against an
awning post Of the grocery, at the corner. A
cOlored man came running along, seemingly trying
to catch up with the prOce sion. He was pursued
by crowd OF boys l3 or IA years OF age or there
about. As the negro passed, the white man
who had been leaning against the post-nade a
blow at him, with his hand-whether it was ODen
or shut, cannot say-snd said: "HoS dare
you strike white man you d-n son of a -"
The negro had q stick. After going short dis
JsBce, the boys overlook him. He turned to face
them and the boys got into a sort of fight with
him. The white man then left, drew a knife, AID
made his way through the crowd to the deceased,
who retresied into the middle of the street, de-
Tending himself with stick. l think he strIck
the white man once as he was advancing upon
him. The white man then plunged his knife into
the left breast of the colored man, and imme-
Saisly made a1 of he spoke English LITE
receiving the stab the deceased wrthed.
passed 10 the opposite side of tbs street, and
fSiI PaEtly on the sidewalk. The witness gave
graphic description of his fears for his personal
fight between blacks and whites was imminent
from wbst he saw. and, wishing to avoid say
part IN it, he sought to secure himself by enter
ing the house of Mrs. Watson, but the dor
was closed against him, and, TO use his own
words: +" had TO stand to my ground and see it
cut. | went to the wounded man and tried to get
somebody to go for doctor. Presently Creole
tit was evident from the re terence % cOlOred per-
sons as CTeoles that the witness suppOses
that is the term by which colored people
are classified herel who keeps shop
came up and offered me fifty dollars If | would
point out the man who had done il. lie said the
father Of the young man would give hundred
dollars more. ] tod them that did not know the
man, and that be had run of as soon as he did it.
There were "Creoes" all about me then, and
they were very much excited. | Was good deal
alarmed They took me prisoner, but treated me
well enough, and turned me over TO the first pJ-
Ii officer they met. | would know the man
wi did the stabbiDg ont OF a thousand. None OF
the prisoners did IT, never saw them until Lieut..
Jacobs, Of the police, brought them before me at
| the station 10 be Identified. l am positive that
| none of the prisoners was the party. He wore
OK sack coat. He was from five feet ak to Eve
| feet eight inches high and spare built.
| E [Mr. Smith having closed his evidence ana left
the stand the district attorney remarked that this
| witness evidently one for the Defense but the
| testimony had been sent up from the recorder in
such a u amer that he (ths district Attorney had
| no means Of ascertaning from the papers whether
| witness was for the State or for the defense.l
| OctdUe POlindrd, c0tored, s,cOrR-Was on the
opposite Of the street, following the procession,
| when the disturbance occurred. saw three
youDg white men excitedly pushing through the
| crowd on the side the mAskers were on. saw one
| of them strike Hector. he struck back The
three got round him then and the party got into
| the middle Of the street. Some one threatened
| witness at this moment and he hid himself behind
lady. The witness is nearly dwartsh in stature.)
When witness came from behind the lady be saw
| Hector reeling and fall. Does not know who the
| white men were.


/ -
police officer on night duty at the time the homi.
| eide occurred resided near by and was aroused
| from his sleep by his wife when she heard the
| commotion on the street. He dSessed himself aud
went out, and in passing the barber shop referred
TO by the father of the deceased, he was directed
| by a sergeant Of the police to take charge of the
shop, which he did. Going there he saw b4teman
standing quietly on the street, and Bateman re-
msned where he was fifteen or twenty minutes.
Being cross examined the witness stated that he
| had known Bateman since he was an infant, and
that his character for peace and quietnesi
good. The witness was deputed by
| Lieutenant Jacobs TO seek for the party who
had committed The homicide. In the progress
of bis investigation he had requested Bsteman
to 60 to the police office TO give some information
and it was when Bateman went TO the station for
that purpose he was arrested. The description
the witness had Of the person who did the stab
bing from those who witnessed it, led him to look
for Theodore Rozier, and he was the party wit
ness was in pursuit Of.


|
Of the homicide when it occurred; heard rush
and crowd; saw Douglas have Hector by the
collar and three or four others get about him; does
not know who the others were. be fell and left
before he wac dead. saw no blows, no knife. II
was in less than no time after Douglas hsd him by
the collar that he fell When the deed was done
they all left. know Richards well by sight.
do not know Bateman.


Judge-Dd you know the old genteman-tht
old man?


| V5fness-Yes


Judge-Did you see him there'


| Witness No.


! ,JUdge Abel-The witness was not there an(
could not see the old man.


OUiJe Leger, q gltddrOOn 1cODldB, slCOrn.-
Lived in front of where the disturbance occurred


Saw Hector scuflug with two men, and ate


they left him be was bleeding; he staggered ant


fell do not know who the men were. cen


not identify any of the prisoners as being OF th'


party. saw one strike him with stone, and


thought il was the blow Of the stone that m id'


him fal. I have known Mr.. Douglass since hi


was a child. He was not in the party. know


him well. and think If he had been 10 the partl
| / would have recognized him. | saw him few


minutes after the fight talking to ladies near LAY
| house.


Iheophle Sdnon, aegro, s1corn-Was with th


deceased and his father, following the procession


As We passed the corner grocery white ma


shook his fist in my face. stood aside, and h


passed. He went through the crowd into tn


middle Of the street and second or two after


saw Hector fall Meantime had got into q gate


way where there were ladies' the same white mai


came back where | was. He had stick an


a knife in the same hand, the knife wrapped ia
I handkerchief. lie said to me, shaking the stick i


ny face, ga negro has struck white boy


The man then disappeared. That man wa


not any Of the prisoners. would know HI


if / was to see him. He was a thin


sparely built man about thirty year.


OF sge rnone of the accused seem TO be muc


over ly.fve-REP.l He was in his shirt


sleeves and had sckly appearance. did no
zee what he did between bis assaults upon me


but se he came to me the second time. Hector wa


Hing. He had not stick when tirst saw h.n


/ could not describe the knife as il was partl


covered with the handkerchief.


Leon Montesglieu. colored, sloOrn-Was on


Of the maskers IN the procession. We heard
noise behind Us on the other side Of the street.
turned TO look sud saw party OF four hshung ]
toe MIDDLE OF the street. The prisoner ia IN


middle (Rcbsrds) was in the fight. Hector wa
| there. Richards is the only one Of the party
recognize as having been in the party. | sa'
, | Hector fall bleeding. did not see any one sta
him. The party ran of as be fell. | saw one g
. into baTber's shop. don't know who he was
| am certain Richards was there.


j 1t was halfpast four O'Clock when this witne'
Concluded his testimony and the judge ordere'