The Times-Picayune from New Orleans, Louisiana on July 19, 1895 · Page 1
Get access to this page with a Free Trial

The Times-Picayune from New Orleans, Louisiana · Page 1

Publication:
Location:
New Orleans, Louisiana
Issue Date:
Friday, July 19, 1895
Page:
Page 1
Start Free Trial
Cancel

suliead It in OurHrfd" It is True. ' " III BOYS' AND CHILDREN'S CLOTHING - ? facilities are unsurpassed, by those of any House in . Munlrv. FV manufacture : all flse . goods ourselves. I n dealing direct with 1 Mr II VJTM. JL, : JMM9tM.M , JL MMM.15 JC ttS. SJ M. MJJT TJ.MJH -MJ "'li'e have a splendid assortment of i , . BOYS' AND CHILDREN'S SUMMER GOODS . i ttocJc, including Mpaca Coats and Vests, Wash Sailor at. White and Fancy Vests, Xinen Pants, and all lam mf F UJZJIS IKIJYG S, at rock-bottom prices, i FETV U.2JlG,2IJrS in Short M'ants Suits, all wool. :i made, and worth three timet the money, at $140, are ,'llon.hand, , v I B. STEVENS & CO., Ltd., ; YIO and 713 Canal Street, New Orleans. " - J otf't4 TnrTIylatit . ' ' ,CUaisU PP LI ES (S6.8fT0 6,30 AroMer ST.X) ap2 W001 & LOHDOH & GLOBE INSURANCE COMPANY CsjoOOjOOO PAiP IN LOSSES IN THE UNITED STATES. UCSES BY CHICAGO FIRE, 1871. $5,239,621 ; i ;: LOSSES BY BOSTON FIRE, 1873, $1,429,726. U. LOSSES CASHED WITHOUT DISCOUNT AS SOON AS ADJUSTED. ' ' '. ' DIRECTORS IN NEW ORLEANS t -rUP B. WKSTFELT L. C FALLON, LUOAS K. MOORH, O. it. SOB1A. jarUM F. tOW. Assistant SwrwifT: HKXRY V. OGDELV, Kcaldeat Racitary. J. O. PEPPER. Deputy Assistant Secretary. K ) Perfection BOILER CLEARER and Ve Foaming. ;2ff Scale. No Blisters. . No Repairs. No Expense. :-rlag la Coal Alon Will la Short Time Pay Total Cost of Cleaner. ISIAflA HACHIIIE GO.V LTD.. e "anufactiirer., : ;630 POYDRAS STREET, NEW ORLEANS, LA. HIE SHOP EQUIPMENT. GENERAL REPAIRING and MACHINE WORK. Je28 FrSnTnlr m SIGNATURE printed in a, v y . wt-. . f- BIAS ' V- BLUE, diagonally across the OUTSIDE wrapper of every bottle of The Original and Genuine WORCESTERSHIRE, as a further pro- 1 ; , v " tection against Vrt.t.rtiM, united M JOHN y-:': 323 (OI-D NO. IS) BOrAL SXBEET, V allst In Sexual, Nervous and All Kinds of Private Diseases. IWTITH AW, SOrFEBEHS from Spermatorrhoea. J5emlBJ1Y5?,?"v iCEyow WM'MM bimi. aAWHnr DrcmiiBre utraiT. . . mtntUng for - marriage or bustneM. . UT1)ISBA8S rirtir S. GKNIToVDRINillY TSTKM . tre.Ud V .--f M palolra treatmeut. and CURED 1'BBMAKKNTLI. , ..M apaiaga to tbrovrn oat of the blood, ao that a return to lirpoaaioie. ' BLOOD AND SKIM vDlSEASES. r .5lri Old Sora Legs. Kcsema. caurtng unbearable Junius v?:.t?MB, ai.rVtlMi and Biotchfa oo the Face, Sore Scalp, caoalnc fauln nair.v, v . KIDMET AMD BLADDER r.c"o pain to the back: ecaldinr viae, freqaent mictaration. brlekdnat arlbe. ,-, "T"J CUBED BT PAIKLESS TREATMENT. J r .'"lUU. 8TBICT0BE CORED BI A PAIKLESS METHOD. DISEASES OF WOmEM' i " Hirtar nd painful menatmatlon. dlaplacementa. caoalna- JJf"?1???! JSSS to RToln; all unnatural and waakenlnjr dJaclarfea. aterUlty or Barreoa MAIL TREATMENT-, ' . . ."V?" Vail Treatment of patients at ) U rr speaaiiT. ?15 CIIIIAL ST. Organ. Sheet Mic f . - ; - . and 'Musical Gooas. ATIB STREET. BETWEEN FBONT AKi fclton. .'n1' ftochariln of " all kinda of wlalty. SpecUl raxea made for er with., cotton. Correspondence , aX. 0. HASSINCEB, , - .- - . fiuperlntucdect. " the manufacturer, you save BnTnly Feed Water FILTER is Ike Best. all Imitations. DUNCAN'S SONS', N.Y. uerruue -r . - u TO CAUL OR v " ' la a their borne m tb moat Bocea VT ... JeO 0o IT - ffiaac ior t-os uidmk f or wlthcnt .itracUa no.r. la- .nd Hd " ' '.TrtMlbicM. Op.ratlon .tantaocoua core or r.v rati SUGAR BOUNTY HELD DP AGAIN. Comptroller Bowler Believes All Bonn-ties Are Unconstitutional, As Decided bj the Court of Appeals of Colombia How He Wants a Deoision bjr the At torney General. Claim of the Oxnard Beet Company to be the Test The Whole Matter Now Bests .With Hon. Judson Harmon. Patrol of the Florida Coast by the Rerenne Cutters. Orders Sent Out Yesterday Interesting Consular Eeports The UniTer-sal Postal Union. THB PlCATtTKK'S BtTREATJ, " BUREAU, ) t, N. W.. Lr 18. 1895.) 1127 F street. Waablnfcton. D. C. July : The first of the claims for sugar bounty earned prior to the passage of the repealing act has been approved by the auditor of the treasury, but Its payment has been suspended by Comptroller Bow-ler on the question of constitutionality. It is a test case Inasmuch as the character of Its decision will apply to all similar claims. Including those made in accordance with the provisions of the sundry civil bill appropriating S5.000.000 for the payment of bornty on sugar man ufactured and produced prior to Aug. 28, 1894, when the bounty law w repealed. -.v-v - The claim Is made by the oxnara Beet Sugar Companyr"rOwd' ."Island" Neb. Its amount is $11,782 SO. It has been approved by the officials of the Internal revenue bureau and by Mr. Badwln, the auditor of the treasury, in pursuance of the terms of the appropriation of $238,-289 made by the legislative executive and Judicial bill. Comptroller Bowler Is a "strict constructionist" and he doubts the constitutionality of bounties in general. He believes that his position on this subject is supported by th recent decision of the court of appeals of the district of Columbia, which refused to issue an order to compel the treasury officials to pay the 'sugar bounty and went out of its way to register its opinion that all bounties are unconstitutional. Comptroller Bowler proposes to have the question referred' to the attorney general for settlement, and in, the meantime no further action will be taken by the treasury officials towards preparing for the disbursement of the $238,000 ap propriated. It is believed by treasury officials that in the event of the attorney general's opinion being adverse to the payment of the bounty all the work now being done preparatory . to disbursement of the $3,000,00 appropriation will be stopped. PATROLLING THE FLORIDA COAST. Instructions were to-day forwarded to the commanders of the four revenue cutters, the Winona, the McLane, the For- wara and tbe MorrllL who are to natrol the Florida coast for the double purpose of preventing smuggling and keeping out yellow fever, as formerly related la these dispatches. The Winona, of which Mr. D. McC. French, formerly of New Orleans, Is chief engineer, will have its headquarters at Key West, and wHl patrol the coast from there to cape Florida. The Morrill will have headquarters at Cedar Keys, and will patrol from there to Tampa. The McLane will have headquarters at Key West, and will guard the coast from that place to Tampa. The forward, now stationed at Mobile, win call Pensacola Us headquarters, and will patroi oetween tnat port and Cedar Keys. ' The instructions forwarded tn. commander are very explicit and urgent. They require that every vessel and fishing-smack that shall be sighted coming towards the Florida coast from possibly infected ports shall be overhauled and questioned as to the state of health of her crew. In case sickness is reported on board any vessel, she Is to be ordered -to proceed to the nearest quarantine sta- tion. j.ne- revenue commanders' instruc tions are to see that these orders are obeyed,, and to use force, if necessary, to that end. The naphtha launches which are to accompany each revenue cutter, as previously reported in the Picayune, will examine every river, inlet and bayou and inquire Into the condition of - the crews of any vessels that may be found 'there and the revenue officers are required to render every possible aid to the marine hospital Inspectors who will accompany these vessels. Dr. Acker, of Mobile, will be on the McLane; Dr. Bernard E. Baker of Charleston, will go with the Morrill' and Dr. Mitchell, also of Charleston, will be the medical officer on the Winona. The selection of -a marine hospital surgeon to accompany the Forward has not yet been made. , - , - The vessels will start ont on their n-trol duty as sooi as these Instructions, sent to-day, reach them, so that the new service will begin almost immediately These precautions are being taken none too soon;-apparently, for all of the recent reports received by Surgeon General Wyman;from Santiago and Havana are to the effect that yellow fever is on the Increase to an alarming extent at those places. ; - ' : r : '.. - - . f Gouatef Reports.' -Washington. July 18y-Consul ' Chancel-' lor, at Havre, has made an extended report to the state department on alcohol in' France..:?. He -quotes. largely -from. M. Maurice La Porte-BIsquet, who has recently published a brochure. Inveighing against the farmers of France, whom It Is said, convert all or part of the products of their vines and. fruit trees into indifferent brandy by a process of lmper- GRUKBWALD3 HAV U BEST PIANOS I Divmy my, aoiub, Boomer, - ieiilln. . Ktr, nnt"-or D-"M feet distillation. He says they are legalised "moonshiners.':-'. The existing- law in France concedes- without taxation to this class of distillers having small portable stills entire liberty to - manufacture into liquor all ' their "own fruit and all that may be brought to them by neighbors and also they may move about from )lace to place and)-inake liquor. The arge distillers - who . are heavily taxed object to this, and K.ls asserted that it works a great fraud on... the treasury. The law was originally Intended to apply to a limited quantity meant for - home consumption; but it i resulted - in the manufacture of an enormous amount of vitiated brandy which la sold to the community and drinking.houses at a very low price and has the effect of greatly Increasing the drnnkennes in France. . Insanity is also. ou. the Increase, with the Increase of .drunkenness. In 1884 there were 133 to each 100.000 of population; In 1885," 13ft to 100,000, and at this time itIs said to be 166 to every 100,000. . .--.-..- Consul Savage thinks that whteky drinking in the United State can be checked by the substitution-! cheap wines. Agricultural investigations covering a period of fifty years at Rotbamsted, England, have been reviewed in a bulletin of the agricultural department. The. work was conducted by Slr'.Henry Gilbert and Sir J. B. Lawes.. The general scope aud plan of the field experiments were to grow some of the mpst Important crops of rotation, each separately, year after year for many yeara in succession on the same land. The results have been given in a course of lectures delivered by Sir Joseph Gilbert, under the auspices of the Lawes Agricultural- .Trust,- but are published for the first, time by this government. - ' . ' - . - The state department has received a report from Consul T-O'Hara, at Saa Juan Del Norte. ; Grey town. Inclosing a copy of a decree, of -the government of the department of . Zelaya, prohibiting the landlmr of Chinese on the eastern coct of Nicaragua and providing for deportation of those arriving hereafter. A fine is to be , levied a vlolaters -of the decree. A number of Chinamen have come to Nicaragua and there are now said to be 300 in the province of Zelay a. They have opened shops and stores, and one man is said to -own eleven stores, doing a business of - $15,000 a month. Quite a large number . of the ' Chinese engage In mining, bat they do not add to the development -of the country, as they use no modem machinery or improvements. The ,'Mstory of Chinese competition has oeen about the same as in the United States. ..The Chinese patronize Chinese stores exclusively, and the gold found by the miners goes to China. . Between March 1 and May 27, of this year, about 175 Chlneee came to 'Blue-fields, nearly all coming? from New Orleans. On May 27, the-steamship Morgan of New Orleans,, arrived at Bluene'ds with 51 Chinese on board. The master was notified that ' the Chinese would not be permitted to land..' The agent of the company protested that it never had been intimated to him that the officials of Zelaya were unfavorable to Chinese immigration. Ha insisted that the Morgan should be permitted - to land her Chinees. passengers and that the Gusste, of the same-line to arrive on June ft, should have a-. like privilege; Gov Du Orte granted the permission. The Guseie did not bring any i Chinese, ' and .the next day. June 4. the decree was Issued.- The decree declare) that "the- Chinamen must be shipped back as oou as they arrive. ana any person wn' ratw to oDey tne Lecree la. to p9tat4t &fJ r i-C-w- - uaivenai roaui. ubiod- . Washington. Jniy 18. The recent visit of Director Edmuhd Hohn, of the uni versal postal onion,, to 'Postmaster Gen eral Wilson has aroused-fresh Interest In the system of foreign t malls and their ramifications. One of the subjects dis cussed at the coming postal congress will be the money order system which already obtains In most of the European countries. - Postmaster General Wilson has Informed Mr. Hohn that .the United States will probably not be willing to join this system, but It s possible - that something may, nevertheless, be done to bring about a more systematic exchange of money orders .than- now exists. There are two systems of money .order exchange in vogue in the world, known as the list and the card systems. All the United States conventions are under the list system, while the postal union olan is that of the card made by the list method. All money orders drawn here on a foreign country go first to an exchange office in the United States, where they are listed. Then they go to a central office In the country on which the order is drawn, where they are checked off and stamped and forwarded to the town where payment is to be made. The books of each country can thus be easily kept and balanced. ' By the card system a postmaster In one draws directly on one In another country and: his order goes direct without passing through any central exchange office. The United States postal authori ties say that while this plan works well enough in Europe, where the distances are short between international money offices, it would cause great trouble when extended across the ocean to- America. In addition to the difficulties arising from the differences of language, there is the danger of frauds, which might not be discovered until weeks after they were committed, when It would be too late to capture the criminals.. It is for such reason that the United. States has followed the course of Great Britain and all the English speaking countries and colonies of the world and steadily refused to Join In any money order exchange other tnan tnrougn tne exenange omces. To Test a State Bank Tax. Washington, July JL8.-JThe,'case of the Merchants and Manufacturers' National Bank, of Pittsburgh vs. the state of Pennsylvania has been appealed to the United States supreme court from Pennsylvania. The question involved Is. the constitutionality of the state bank tax act and It is considered a test case. The papers filed represent that' mere are S36 national banks in the state of Pennsylvania, the mraket vaule of whose stock Is $128,-000.000. which will be affected by the decision in the present case when rendered. Appointment to .Weat Point. s Washington, July X 18.1Cadet : appoint ments to the Military Academy have beep presented to Fred C Pbijlps Jr., Chattanooga, Tenn.; Robert B, Stewart, alter- ubic, uuiumvuti, icuu., n. jo. . jnaaion, ' New Orleans. - '.. v -1 The Gold Reacrre. Washington. July 18.-iiTo-day, ' state ment of the condition ef the treasury shows:-, Available cash ' bihnM - eioo. 698,750; gold reserve. $106,807,9057 V - - " 'Prstnct Orders. " Washington. July 18. A fraud order has been Issued against the Excelsior Publishing Company, Lewis Holloway. F. W. Holloway. and Charles Learsch. members, of St. Louis, . Mov r .Thla concern has defrauded many persona with 'whom it has made contracta to sell books. , .';V 4i PeamloBS Grauated. J Washington,' July 18. The f oUowlnf pensions have been granted: " " .. -: Louisiana Joseph Coles, ' New - Iberia; Joseph Campbell. Thibodaax; A the Is tan W. Daniel. New Orleans. . . f, , . , - Alabama Adallne P. Norman, 3PoUr.-& Arkansas Joseph Ayles worth, Fort Smith;-George L. Bice. Siloam Springs; Andrew Faulk Jacksonport; Calyin Burton, . Prim ; Alexander Douglas, - Bates-vUle; Tlney Lea, WitcherviUe; Jos. Chrts-' topher, Hattonu - ' .; ; : . Capital .Iteniaw' Mr. J.- M.' Llchtensteln, . of New . Orleans, la at the Arlington.: ? -: ;-Vv: Arkansas postmaster appointed i fClK. Childress. Graham; B., A. McKay,- Lake Hall. - . .- '' - - - - private Henry Tnparque, Battery -D, Third Artillery, now at-Jackson Barracks, La has been tracslerred t tha tcrpitll ccrii HENRY-PAYNE JflTCOMT; The Jury Eeoeives the Case Just at Midnight, ' And Beaches a Terdlct at Half .past Two O'clock. The Entire Day Devoted to Eloquent Argument, Ihe State Appeallnr for the Uphold- IsfflTOf Law, While the Defense Urges the Grard Doubt As to Whether the Wound Caused Mr. .Ferris Death, And Whether the Aooused Fired the Shot Which Inflicted the Injury. Franklin, Lav, July 18. (Special.) At 2 o'clock this morning the ' jury brought In a verdict of not guilty In the Payne case. The jury was out two hoars altogethes before they effected an agreement. People hung about the courtroom, awaiting the result with almost breathless anxiety. Women remained k the courtroom until nearly the time for the verdict. Shortly after the Jury went out -the sentiment was canvassed by Jared Sanders and others, and, while a few thought the verdict should be manslaughter, near ly everyone Deuevea it wouia ne not e-nllrv. k ' : J icami ttn-rny and friends stood an the courthouse campus aod looked up at the., windows of the Jury-room, hoping to catca a worO or assurance xromme conversation of the Jurors. Other scaled the wails to the lower window and hung on the shutters. . The district attorney and associate counsel waited in the Judge's room for the Bvery little while word was sent to the Jury to know If It was reaay to report. It returned the information that it. had not yet agreed. At 2 o'clock the Jury said it had agreed and came into court. When the verdict 'of not guilty was announced the relative and friend of Payne-embraced him, and there was great rejoicing and congratulation. THE DATS DOINGS. A Rename ot the ArgMt on Botn Sides. Franklin, La.. 3xttj 18. (Special--Jndge Allen did not open court to-day until 11 o'clock In order to give the attorneys time to prepare their special charges to the Jury. The evidence was all In lact evening and the case submitted by the opposing counsel. It being known that the day wa to be devoted to argument an unusual crowd turned out. packing the court room almost to suffocation. ; The ladles of Franklin came to the courthouse to hear the speeches and there were probably fifty of them present at the morning session. After the second bell rang Mr. Payne came Into -court in compajiy -with a deputy sheriff. He had spent a comfortable night In Jail despite the warm weather and the close quarters of the prison. Hi wife and children came in at the same time. Mrs. Payne and her children appeared confident of a verdict giving the father and husband hi liberty. . Governor Foster, who has been attending the trial each day. and many ef the leading sugar "planter from different section of the parish were present to hear the display of forensic oratory. Although the heat wa .unbearable there was not standing room to the court when Sheriff. Frere thumped his baton on the clerk's dek as a lgoal for silence. JAMES WILKINSON, of Orleans, aaslsttog In Jf101 of Payne, opened the debate. - He was followed by Kessr. Wilson, Saunders, Cafferv and Fenner for the defense, the argSn"bVlng closed by District Attorney Minos T. Gordy. Five hour were given to each side. ' - Mr. Wilkinson, In opening for the prosecution with a simile of the rising and the setting sun kissing the cross of the village-church which wa emblematieof the humanity taught, the - worldV -The priest saving the ouhv of men, doctor entering a scourged r ctr,- and nremen penetrating the flame of burning bulld-Ines were heroes. There was a fellow lovS UUng lTlife whichadded to the enormity of crime and made, murder the horrible deed that It l. - . i .-Mr Wilkinson wa sentimental for the first twenty minute of hi address, showing the horror of murder and -how terrible the stain of human blood is when Shed br'man taking the. life of hi fellow man. The atlll. si&ll, vole that came toMosc on Sinai - ald: "Thou shalt not murder. He that sheddeth man' blood by - man shall hi blood be also The speaker continued In substance to ay. that. It wa dlylno law that bloodshed shot Id be met with bloodshed, and the murderer should meet the fate of the :murdered. Malice 1 the unlawful ouallty Instigating crime, reprobating to the law. and under the statutes of Louisiana punishable with death.' The murderer I punishable with death.- whether he intended to kill ' or not. 'According to the finding of the supreme court of Louisiana, of which Judge Fenner was a mem-: ber. and citing a case he had to do with, the action of Payne waa not manslaughter merely, but murder. Payne went to the refinery tO'klU Ferris, for, -according to the testimony of Mr. Denbo, he had said he would go to the refinery . If there' wa any monkey business, and, with a gang from Rap I dee pariah, would wipe the refinery from the face of .the earth and 17i those connected rith It. The supreme mrt ha decided that la the case of ESfard -Ashley.45 anauaL the ' de-Sint -was . tried. convicted and sentenced to bang. He appealed the. case on von ttt the Judge did not cUarse the Jury properly, fflo contended Never Such BargaSinis WOLME AT Prices reduced from those of last Friday on hundreds of Remnants and Odds and Ends UKE' THIS W : : 'rm.-U $3.00 Dress Goods for 30 cents. $5.00 Chiffons- for $1.0d. that It must be ehowo In five minutes before the act that murder was Intended. The accused shoots Ferris In hie own office, without authority . and without provocation. Instantaneous Intent IS enough. From the blow of the shot the intent Is signified, and in the above cited case the supreme court confirmed the sentence of hanging. In this- cause I have shown that the accused intended to ehoot Ferris two days before he did, and the law eays the defendant knows, if rational, the consequence ot his own acts. Was the pistol shot the cause of the death of L. M. Ferris, of did it hasten the death? In the law. if we are murdered a day before' we are expected to die with disease. If we are afflicted, the slayer is guilty of murder. Dr. Fenner did all he could to save FeVrls, seeing the grim monster death and distraction to his family and relatives. If Ferris should die. He worked conscientiously to save Ferris, and, besides, had a nurse employed and called Dr. Bloom to assist him. The patient was attended with care and skill, and everything was done that could possibly be done to save the wounded man. ,Dr. Gates, who testified fairly, said that Ferris had lost a great deal of blood. He got to him late. The bloody garments were ehown to you, gentlemen of the Jury, proving that Ferris had bled badly. He wa taken to New Orleans, when physicians were summoned, as the wound was serious enough to cause the attendance of two physicians, and the use of a tube to -wash out the wound. Ferris was well enough to attend to ibis business, and only went to bed when this blow was Inflicted. . Dr. -Fenner said on the stand he ever saw a man die before from a . gunshot ' wound In ' the forearm. Old men die quicker than young men, and I declare to you that Ferris would be llvlnar to-day If he had never been shot.. , The law presumes the result follows the cause, ana ir. Fenner test fled,- hard ae It was, that the shot wound waa . a contrfbutary cause of the death. He said the death could not have been caused by natural means. ' He could not have died of a hemorrhage had . not the wound been there as a means of exit for the blood, the loss of which weakened the patient so that he never could recover. There is no getting around the fact that the death of L. M. Ferris was caused by the gunshot wound In the arm. We are men of common sense, and the testimony ; nas neen testimony . 01 common sense. The coroner's Jury declared that the death of Ferris was caused by the gunshot. It found that the ulnar bone bad been injured, that chips of it had been driven into the arteries, bringing about suppuration. Natural causes follow natural effects. . It does not - re quire a doctor to show that Ferria was shot, went to bed as a consequence, and died. The defense say the nurse wa responsible for the death, but I tell you that she waa there on the recommendation of Dr. Fenner, but no testimony Is adduced to ehow that the ourse was told to look out for the bursting of en artery, fit was cold weather.- The cover was on the arm. Dr. Fenner said. , and all the other doctors testified, that Ferris had been bleeding fifteen minutes. She had - looked at his arm twenty minutes before. The bleeding was not expected. The doctors say that Ferris was lulled by the bleeding. Ferris would have died unconsciously. - The nurse went to him and was horrified to see that he was bleeding to death. She called to me to go, for God's sake, for a doctor, Ferris was bieeditrg to death. She bound a handkerchief around the arm of Ferris, despite the fact that he cried out that it hurt him. She held on tlghtiy and stopped the flow of blood. The law says tnat tne mnraerer snail not escape any allegation - that the doctors might have saved the wounded. The supreme court has decided that If the wounded die- regardless Of medical attention,, the crime Is none the lese murder.. The crime of the person whose malice caused the injury is not mitigated by the. mismanagement of physicians. . The law that nmM down - from, the : aeee- shows that although the man who is shot Is 111 of a fatal distease, thst disease hes nothing to do with the murder. Because a man has three plantations and a home in Mississippi, and Is enabled to employ a regiment of lawyer to stand between him and the law, is he to escape for hi crime? The law makes no distinction. A wound that cause death Is a murder, regardless of the physical condition, and Lord Hale holds that If the wound gao-nuiM nd th aranarene causes death. the murder is none the less a murder. Judge Fenner too tnis pomuoa u ! sions he rendered as 'a member of. the n,r nf th atate. If you find that Ferris died from the wound, you are bound to find that It to murder, for the courte of the land and thi tate nave so held. . ' --- - -' ' . " , There Is : ct ly one excuse f o? kwling In thi state, and that, is the doctrine of self-defense. It Is tlien for the Jury to find whether ; bodily - harm was about to be done. Th la tv - doe not excuw a . whan th. mnrdfred la unarmed and shows no resistance, but 1 shot down after preparation ny mo aiajer weaiu.-Ing his crime. There Is not one thing In the killing of Ferrl that signified resistance. He offered to explain . to I'ayne, and was holding hi hands tip. He was unarmed, and In his own house, but this defendant deliberately drew hi weapon and fired at him. There has bee-i no roof ef any resistance of Ferris. Fen is id' not even say a harsh .word In reply when he was being cursed. The srpreme court ha held that though the alayer had been mrsod Instead the murder was not : yjustmea.-; - - . was : orrerea expiauuu. . instead - he said he - would . kill Ferris and he -did, - and now - he comes .nt eava It vwa - to scare him. If men are to go free for thnt. then someone win oe sooi ever icw w .nt iik birds : on the - wing. Cen you sanction anything of the kind 1 Is there no la w in St. Mary 7 . Wn 1 1 possible, that Payne felt he tou.d kn a vnn and then get out . of it . becioeK wa done in the parish of St. Ma-y? . The evidence was that the accused was snsry. and that he bad been drinking. Ferris-face wa powder-burned. 'Why If Ferris wa being shot to be scared, -il'd Payne keen the pistol on a level with the read of Ferris, and cause his pistol hand to follow -Ferris when the second shot was fired, which struck him? Why did be not drop his pistol hand if he was only going to shoot once, and then In fun? Oh,' It WaTall Jest, they aay I Why. ren tie-men of the Jury. If It wa a Jest, I hope God yon and I may never smile again. w Yi Suppose It wa a jest, the law aavs that if the outcome of a Jest Is ISith. the result 1 murder In the eye orthe law.' The law presumes that shoot-InfC t a man In fun. which results se- e'accuaed pretends be dU not know -as To-Day, $5.00 a yard Silks for $1,25. $ 1 , 75c, 65c, 50c, 30c -JetTrimmings for 10c. a second shot was fired under his very ' nose. The defense put witnesses on the' stand who were on the outside of the sugar-house to prove the lapse of time between the shots, yet the defendant never heard it, with the pistol In his own hand. If he was not guilty, why did ho fly from the parish and stay three months to wait until a public sentiment was -drummed up so. that he could get out of tbe crime the murder which he ha committed ? Z aJJ,' P&TFe claim he could not ' get Justice and he took the law in hi oVn hands. Where did he go to get Justice, and what did he do? Nothing but conS mit a murderous assault upon an un-"f1 "a- The law of this state provides that receivers shall be appointed when the affair of a corporation are InT so vent Judge Patange appointed S-ceivers for the Burden Company DM . Pi"2.e ,to -trt nd say he wanted his rights? No. Did he life suit to secure nls rights? No. HeUImJ hS Pfd a verbal contract with a man whom e-jS,are8 hd defrauded him I? U preposterous. - Payne took no recourse th."1' exhausted a single rightTJ ih5Jw-H carried hi pistol Tn hi ?,e,hw- . w"-w" hfs Judget h S' Jury and his executioner. . He wa hers where there were lawyers! ?J5Id he seek He wntV ?-ld h,g to Jodget To!. "ee.n.t to the saloon and threatend to SJfP, frris and the refinery off the tSa1-4h-e rt.Thewitneea testified' thar when i they disarmed -Payne they w"e f'i he would hoot them. too. a he had threatened all of them. The facta of the case were testified to by the accused himself. The act was ' sufficient ' IZSZV an7.an- H turned arouad! tnV4!,!- Pr,,,:uier himself struggling eAnwl" anything to av Sim'-?ti.U8 OWn wo"" convict ; him stronger than any other testimony ?,VvT Pa??? came into the office and f--dH wn H11 ia'BUln' n hia friends; .l eJ,d 'v?f Wnftaf . Payne, merelyi! FDe& vhlm-. Good conduct and honor should have Inspired thi man to another course. He has broncht hi tau- . - ' J O "V nuum BUOei TDft i thtef t n.l m 5 th.e y?Pthies of the Jury.. But Mr. Ferris had a wife and a son! Payne has committed a triple crime. He " has brought down sorrow on his father an2 "i?a.Vere1 ?e lPPliess of his wife ' and children, who looked to Mm for life and.h.Ppin'i?s-, For mBn o do crime-with these Influences about him entitle ' n,m ,,e8 BTmPathy than the vagabond" whose life Is of no concern to others.. There Is no law, human nor divine, that Justifies the murder of Ferris by thi man. - ' .. There Is another point. - The defense has shown that Ferris was a northern ' man. He came here and Invested hi money and spent hi last days here a citizen of the state. But because he war a northern man la no reason . why ho -should be murdered by a southerner. If It 1 to be that way, I don't want to live In the south. The same flag flies hero as at the north, and the sam sun shines' on all of us the same avenging God sits ; in Judgment upon us aU. Ta It- tit U.ra Kmva . m ujiai ujcu l a ' UUb & 11UUK ' so. w o all love fair play. No wonder the people uiu uufc isuvo uie rruuri wnea uiev neam Dma Will , T.- 1 T i V. i ajuc wum rvrriH.- niignx nave provoked Ferris and given him a chance'- - like an assassin. In cold blood, when he' was unarmed and in his own office. i utre tn uue - law aeieaie ue ceruii cation of good cltisens from other places. f T'hv aalfl h. waa m liAmA-mon m wtrtil i . husband and all that, and I be'lleve his lioai. u unu gwu, - Due. a, crime waa -committed - and under the law of this ' state he deserves punishment.. Character goes a long way In testifying In a case of circumstantial evidence, but here is. a . case where the Identity of the slayer . nothing in actuality. Look at the case -of Burke! The people believe him hon-.'. est, due ne ien ror central America to avoid the law. He was the manager of ' the cotton exposition and the biggest thief at the same time in the country. Payne ate with Ferris and then killed ; him as Judas Iscariot killed the Savior, because a little money was Involved.' . M.,l- 1. A. I t TT, . . j. a la. auuui cuamcieri nueni u ui character of the man who would do such J uv. I TT ft 1.4. . malice aforethought and he should -be uumaueu. au uui vane an caaea ana- In the name of this parish and thi good people I Implore you to uphold the jenaj-' esty of 'the law, fulfill your duties to-' man, to your country and to your God. Mr. Wilkinson had used up hi allotted time. ..." - - . x : . - . -. . The afternoon tessloa .waa commenced at S-30 o'clock. : . W. K. WILSON . ' opened the extra merit for the defense. Tne substance of Mr. Wilson's speech was ae ioitows: The gentleman who preceded me said he could not go over tne case inside of three hours. Tb six or eight attorney for the defense have been' given no more time than the two attorneys for the f rosecatlon, which is very unfair as nn-, air as . the gentleman's ' speech. The fentieman'a reierence to tne tact xnai erris came from the north, and that there 1 prejudice here on that account azalnst him. Is not true, and the people of St. Mary do not deserve the Imputation. He referred to the flag, but I tell ftt. . . A MuvnlA II.. .V. . . . foa iiu. uv aau-. yw.Tc- no iubu uttKi Ot in is secuoo, wuo lovt? uiai. nag-as ine ' people of the north do. When any of your . fellow-men are brought into- court for trial, thanks to civilization, he is tried by his peers, who understand his motivea and tne condition urrounarng ni csee, actuating them to act with absolute justice. ' . . - - r - . -' . What are the -facts In this case? Wa the wound - inflicted the cause of the death? Did Payne fire the; fatal shot? : Did he do It .Intentionally and - was he - justified? Dr. Bloom testlned that he xouna a wouna in ue iorearm- uii waa not fatal, and that, with, proper attention. Mr. Ferris might not have died, end,; beside that, the wound -was not fatab The doctor said, up to the time of th death of Mr. Ferris, that be was lm- ? roving, and his recovery waa looked for. . t was not a fatal wound; and some independent agency - wa the cause of the death. Would .Ferris : have died IT the proper attention naa neen given nimi He - aieO.-.-BeuiMrnnni,.. -- Liu. iiuui7i . which caused - the hemorrhage and loea of blood. At any -rate, tnere w a doubt i- hi i-Dwic of death, and that doubt 1 due the defendant- Miss Via la said that the tourniquet, ougui. mm uwit m . Coatlaaed oa Paga "lx. 1 J" n

Get access to Newspapers.com

  • The largest online newspaper archive
  • 11,800+ newspapers from the 1700s–2000s
  • Millions of additional pages added every month

Try it free