Dr. Schwing Discharged

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Dr. Schwing Discharged  - He then went over- over- to Mrs. Slack's to see...
He then went over- over- to Mrs. Slack's to see if she bad any news. From there.be went to Conductor Hanson's house., bat bis wife had not gone up on 'mSaA? Friday evening. He saw another Conductor. Conductor. Mr. Holden, -but -but neither bad : this gentleman seen Mrs. Schwlng or the ?hild.He. then went to the telephone . j An rtiBRcn pp. but did not send It. because be remembered that therT was no telephone office open -on -on tioir Onoon'i store.- store.- It tnen occurred to him that he should to H O'Connor's. In packing his wlfes trunk the dsy before it Mrs. Slack's, Jje had found allot of Mrs. O'Connor's card, and Itras thus that he bad discovered, the address. He knew that Jda4(bh there on a former occasion, - because sne had come away and forgot her.cloak. and bad him call tnere ipr iu ; j . . Dr. Schwlng s testimony, to how he had been met in me-iuuiy me-iuuiy me-iuuiy hearing the cry of the child PtaIra, wh'ch he at once recognised , as his " i -.-a -.-a -.-a -.-a Montleal with that of tbe other witnesses turning be num ber of the room in wnicn child were he went np. The door or rSont 3 was . openedh at about ta'W of 45 degrees and he walked right n. He saw his wife in the chair, his child on tbe floor, and HIrlart at the farend of the room with revolver leveled at him. HIrlart Ared Immediately and missed, and witness got out his weapon and "returned the salute." - Tbey both continued to Are. Witness Ared four Bhots, but did not know how many had been fired - by HIrlart, : Witness ceased firing because . he saw Hiriart stagger. He then went down stairs and asked for an officer, as he desired to give himself up. He waa told to wait, that one would be along. Presently he saw one and crossed the street to give himself up. He had the cartridges in his hsnd at the time that be surrendered. He baa removed these loaded shells frorn his holster. HIrlart drew his revolver from his person and was aiming and had Ared as the defendant drew his. Cross-examined Cross-examined Cross-examined by Mr. Walker tfce witness Identified the holster and the pistol. The holster was buckled on his left shoulder and the pistol was a six-shooter six-shooter six-shooter Colt's 38 caliber. He put the pistol and bolster on when he left home and was in the habit of wearing it at times when the occaslftn -called -called for It, He pnt it on- on- Sunday morning when he left Plaquemine, and had It on when he visited Mrs. Slack's and Mrs. O'Connor's. He arrived at the latter's' house some time between 11 and 12 o'clock. After he spoke to Mrs. O'Connor he went np to room 3. He did not hear Mrs. O'Connor O'Connor Instruct the servant to show him into the parlor. As to just what portion of his person HIrlart' drew his pistol from witness copld not state. He did not have the time to look Into and study those details. There is no question as to bis having drawn and Ared first, and there is no qnestlon as to witness having gone to the house armed with a pistol. Mr. AdamsDoctor, where do you think you would be now if you hadn't had that pistol? Mr. Walker The witness wasn't struck. Mr. Adams A man's aim is always steadier when the other fellow has nothing nothing to shoot with. In response to a query of. Jcdge Wb I taker's taker's the witness replied that be had said that he knew that his wife had been to Mrs. O'Connor's abont a month previously. This closed the testimony and Jndge Walker arose and said that the state bad proven all that It was expected to prove. There was a homicide at that bouse on that day and that this man bad gone to that house armed with a revolver. revolver. A human life had been taken and whatever provocation or-justification or-justification or-justification there was for it was left fop a Jury to decide. J udge ' Whltaker ' wanted to know whether the counsel proposed to argue the cage. Mr. Adams replied that he did i ot think that there was any necessity for argument; aa for the defense, he did not consider that there was any occasion or need for argument, Mr. Walker aaid that he did not want to enter Into any argument. He simply wanted to call attention to the fact that the unfortunate man had come to his death at the hands of the defendant, and he would ask that the accused be committed committed to the criminal district court without the benefit of balL - There- There- was not a sound in that crowded courtroom during the time that Judge Whltaker was summing up the evidence and rendering .his decision, save his solemn solemn and impressive tones. With bated breath did the spectators await the rendering-of rendering-of rendering-of rendering-of this decision, and when he concluded concluded by saying, "There Is not a scintilla of evidence against you, sir; you are discharged," discharged," they then gave vent to their feelings In a wild outburst of cheering such as had never been heard before in any courtroom in this city, and too great for Judge or any other court official to control. It was in reply to the closing remarks of Mr. Walker, and after Mr. Adams had announced that tbe defense had neither the disposition nor occasion to enter into an argument of tbe case, that Judge Whltaker took occasion to introduce the rendering of his decision. He began by declaring declaring emphatically that this court is always willing to assume a responsibility that- that- may be thrust upon it. It devolved upon him, as a committing magistrate, to reflect and consider whether the testimony testimony elicited in any case was of sufficient sufficient weight as to result in the conviction of an accused when set before a Jury. In this case it was in evidence as to the anxious search that the accused bad Instituted Instituted for his wife. In this search he could be closely followed np to the very moment moment that he entered the room in which were his baby, his wife and the parry who had outraged bim and bad desecrated his home. It can be well understood in what fear and trepidation such a party stood. Apart from the consciousness of his guilt for the wrong that he was perpetrating perpetrating upon a devoted husband, his very surroundings might be well calculated calculated to terrify bim. There was the presence presence of the wife, as well as that of the little Innocent toddler upon the floor. With snch overwhelming and convincing evidence of his guilt confronting him, one' can readily and naturally infer that In such a frame of mind his first Impulse was that Of self-preservation, self-preservation, self-preservation, and for that he sought safety and protection in his revolver before a word had passed between them. It is in evidence that this accused entered that room with his hands so exposed that it was seen by a disinterested disinterested witness that he had not drawn his weapon, and immediately after he had entered the firing began. - A most careful consideration of the evidence that had been adduced bad convinced convinced the court that it was the deceased deceased man who had fired the first shot. It was the opinion of the court that any impartial jury would so construe the testimony, snd to commit the accused would, be inflicting upon tbe state unnecessary unnecessary burden and expense. v Turning to the accused, Judge Whltaker Whltaker said: "There ia not a scintilla of evidence against you, sir, and yon are discharged." , Amid the wild cheering that this decision decision evoked , from the spectatons, the friends of the now freed man pressed forward and clasped him by the hand to congratulate him on the successful termination termination of his - examination. He was taken into the private office of the jndge. where his mother and some lady friends awaited him. The scene in there waa a T affecting one, and to a reporter of the Picayune, who went into the-office the-office the-office to speak to him, Dr. Schwlng declared that he had nothing further to say than what- what- had been already elicited during the trial. He ald that he will remain in the city. a day or two longer before returning to his home. - , . Dr. Hlriarta brother had nothing to say. He gave t no t facial ... Indication ' of the way in w-hlch w-hlch w-hlch he bad been affected by the decision, and quietly left the courtroom in : company , with his attorney, attorney, Mr. J. O. Walker, and hla steadfast friend, CaDtain Allen inmeL :T, " After the trial Mr. Adams handed the reporters the following statement from Mrs. ; M. - S. Slack, . to whom reference was made in the course of Dr. Sen win g'a testimony, which he requested to be pub- pub- "Mrs. Schwlng left here Friday, May 8, e little before 6 o'clock p. m. crossed the river at the foot of Jackson street, and took the Texas and Pacific train at Gretna for , White Castle, eaylng that he was going to Mr. 8piller,e. Her husband husband hod arranged she should go - there for e few days'-rielt days'-rielt days'-rielt before going to visit her parents, living on Red river. But his plan was for her to go to Mr Splller's by boat, mentioning as the time the. latter part df the weekT Saturday probably, as tbe aeat day forner to go He asked that a telegram should be sent him when . she started. . The following was wired him Friday about 5 p. m : " 'Said she telegraphed you this morning- morning- morning- would leave on this evening's traki for White Castle.. Is packing to start Can't influence. - X, - ' 'MRS. M. SLACK. She bad left the house early Friday morning, about 9 o'clock, saying she wotud be back at 12 to lunch. he did had found that the boat wot i her at Mr. Splller's so him to meet her at White cV nrd' H "PUed Satorday , , on the plantation and It wnV, possible for him to get off to , but for her tp come this eveMci , and he would be there, je husband was to meet her theV to complete arrangements for . sister's Joining her and goiZ V appotntfm"1" t . "Dr. Schwlng i arrived here r morning, was surprised and And her gone. He said he tad t hla business to get here to see or go with her to Mr, Splller's r if she had taken her trunk, fche i f She said she would be there nl? ,' days and would not have the tro, ' expense of moving it for that sh irt'. ' When her husband decided wh.t river boat she would go on. W t could be pnt on here before it 1. took with her a large valise. , - v D8c.hJrtnff we5 to her room. she had left a good many thln-w thln-w thln-w graph album, clock and someV He packed - the trunk and it , W , Saturday .evening. He returned morning looking haggard and He said be went to Splller's; from i to his .home in Plaquemine, bnt t!i wss not there. He said he did not V what to do aniens he applied to v - , tectlvea. but said in a -choked -choked v How can I put the police on my w'H. , Sadie, whom I have so loved r H'.' out saying. 'I must find my babv I n "Some days after Mrs. Sctawinr i among some trssh in her bandbox i , room she had oernpled. the lncloi was found.- found.- It lay among some sen-. sen-. sen-. cloth and several, blila or cnckn't merchants put on the bundles dciirs., "MRS. M. sr.Acr-" sr.Acr-" sr.Acr-" As " soon as the case against 'i ftchwlng ' had been decided bv j, Whltaker, the attorney for Dr. K.im seemingly through some understate with Dr. Sobwlng. Immediately went o to Mrs. Schwlag's lodgings, which near the parish prison, to inform her the result of 4"ne trlaL ' Whether I-Schwlng I-Schwlng I-Schwlng saw his wife after that U r known, but later on Dr. Schwln- Schwln- r-at r-at r-at the parish prison to Inform tiTe c ties that he would not leave the ritV u to-day, to-day, to-day, and asked - them t allow i personal effects to remain ther. ni,"i called for them. This was readUr a'-V a'-V a'-V to. and then Dr. Schwlng departs lM ', ingly very happy. Abont 6 o'clock. , the depnty sheriffs of the parlnh f u ' called at the honse where Mrs. b,, bad been stopping, and shortly . . that ahe Jeft, telling the lasdlartv ', . would return in the morning fr I , elathlng. This leads to the belief t , th s doctor and his wife have ttk.n" . ro im somewhere la town, the vZ-k vZ-k vZ-k abmts of which Is not known; ., t , de uty who conveyed the message to 1 Schwlng did not return. ... . -4 -4 Don't fall to see Dr. W. R.- R.- Hsivmh . "Everybody's Friend" next K?' night at the Grand Opera House ' bode: held r - For tfce Robbery of the Folo a Arms Company Store. Yesterday mornjng . Henry Bod. , given a preliminary bearing before 1 . corder A. M. Aucoln, of the second r-y r-y r-y corder's court, on a charge of entering ! the night time and grand larceny. t' crime with which Bode Is charged s i the daring robbery of the H. F ' Arms Company's store, on I r street, some months ago. .Thieve i. i prieU open the store and stolen'. . revolvers revolvers of the latest pattern, j t 125 each. Detectives Kerwln t ; :l Ranee worked np the case and tu in locating a good deal of stok-a stok-a stok-a i -erty -erty at the home of Bode. . ; Amo: g i . articles found In Bode's possession -the -the revolvers, which were fully ii,:, fled by Mr. Walter H, More, of tu swau vuiauf ss s,a3 IUB saVXaaesl LLaV H t. stolen from the store. - Bode claimed that Georgt Clark t the man who brought the gooui to l borne, but; the detectives had tw enough to charge Bode with cc; in the robbery. ; . To the charge against hint z . Bode pleaded not guilty.- guilty.- . .. , Mr. . More waa called to ths t -1 -1 testified that the pistols found j. home by the detectives wert i that were stolen from the H. D. K Arms Company. The witness knew c . Ing of the prisoner. Detectives De Ranee and Kerwln r I that - they . recovered the prop 7 is Bode's home on a search warrant. . On the conclusion of the testlmorT, t prisoner was remanded to the c J district court under a bond of 1- 1- - If yon never saw clever corner teur actors, go and see the plajpi w "Everybody's lriend, next Mondnn.-i Mondnn.-i Mondnn.-i at the Grand. . - - . .,:, ';, Sale t Aaetioa Teateresy. The Pelllgrlnl onfectlcnery property, si U corner of Canal and Rampart streata, at: I known to probably every adult realdtDt of t- t- 1 city, was sold at suction yesterday, by X! Denzlger te 8tn. In -the -the sncoasska at l-Babaate, l-Babaate, l-Babaate, and brorgbt tbe Urge sum of 5. It la a comparatively small piece ef jk;:7. being only 49 fret on Canal street n4 l ' deep. and. tbe iireient buDdinti Vine v noted for their age than anything -eh -eh ' purchaser of this was Mr. 81mon Rosen-a, Rosen-a, Rosen-a, shrewd spacnlrtor, who las evidently f-i f-i f-i deal of coandecce in the growth ef tha Cr- Cr- ' City and tbe exprnding cf tbe hnsinesi a -t -t In that dlrectloo, r u.. --l --l --l ' Ia additioo to thla piece ef cwoperty a1-Danzlger a1-Danzlger a1-Danzlger A Stern also sold: ' , . Cottage 283 Laurel, between Vftfbtagtoi 1 -Sixth. -Sixth. $3175. -"-Vf..rt -"-Vf..rt -"-Vf..rt -"-Vf..rt Doable cottage, corner leharpe and 6' $1300. . . e , Cottage. Broad, between Palmyra aa4, c qnet, $1025. " . . r . Cottages, Bpaln. between Bobertfoa sx4 1 borne, (1150. . Cottage, State, earner Cbesroat, W . , Mr. James A. Brennsa made tha toB sales at the Anctloneers' Excbsnga le afternoon: , .. Two lota, corner Penlstoa and Baronj- Baronj- ' Blngle cotton, Clara, near. Poydras, M2u WeakandNervou: The grip haa broken don: strong constitution and left U tims weak, nervous and great. c hilitated. In such cases M t- t- ;Hood-s4 ;Hood-s4 ;Hood-s4 Sarsaparilla, : FfaVflC the effects of the 1.13X65 tad a r.. , Piira ' Blood 'ZZSftSfal me weak and nervous. ' .1. I ' been troubled with caurrh. Mui 1 was called to Hood's S"Par,iL: have Uken eight bottles : lsed a complete cure. Truth i " ... lo t few words: Take Ho St,. Willlamsporr. Pennsylvania . , . Hood'o Saroopsn- Saroopsn- - I lo the Only . .. ' v ! rnriog 1 In the Public 4sye. - 't ux; hlnnd j and drives ties." Be aura to get I IOOU S ril 1 1 looaneas, heaua- heaua-

Clipped from
  1. The Times-Picayune,
  2. 15 May 1895, Wed,
  3. Page 2

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  • Dr. Schwing Discharged

    deannay127 – 08 Apr 2013

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