Louisiana, C, 1879-1987, Undated

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ugh a back door

chest. He was
e refused to give
un at the bandit
‘ore he could pull

ed man, Henry
bandits’ escape,
| and fired at the
moving.

lashed into head-
k the place was a
ce downward on
was being lifted
exploded bullets,

uired.

look like?”

‘ir heads.

pats,” one of them
sut them.”

r and he looked at

uck! How in the.
shind masks like a

1¢e time, I realized,

find them!”
he neighborhood.

ing squads kept a
cters,

: garage. The ga-
of Owen Cauche

> having been cen-

James "Red" Cavanaugh

The two men were discovered holding a whispered conver-
sation in the lavatory. But before they could be hand-
cuffed, Cauche broke away and started running toward the
front of the garage.

A riot call was sounded. From headquarters went out the
message. “If Cauche resists, shoot to kill!” Additional po-
lice were rushed to railway stations and bus line terminals.
All avenues of escape were guarded.

AS GAPING CITIZENS stood near the garage police took up
the trail of the nimble-footed fugitive. Across back
fences they went, through back yards, over roofs, through
doors whose locks had to be broken.

An hour passed. No Cauche. His home was visited, his
relatives questioned. All his haunts and hangouts were
searched. No luck. It was as though the very earth had
opened up to receive him.

Just as the search was nearing an end, Oscar Valcton, pho-

Anthony Dallao

Claude Cefalu

tographer for The Times-Picayune, was walking past a pile
of trash in the back yard near Lipnick’s garage, when sud-
denly he called out.

“Tey, Chief, here’s a whole lot of money!”

I walked over to where he was pointing. And there, mixed
up with the trash, was $485. Could Cauche have dropped it
in flight?

We decided to have a talk with Cefalu and I ordered him
transferred from a precinet station to headquarters. But again
luck was against us. For on the way Cefalu made a break
for freedom, and was killed by a detective.

The situation was becoming difficult.

One of our suspects was dead; the other was still at large.
And even if both of them
were guilty, we had yet to
identify their companions
in crime.

While I was mulling

MURDER SCENE
Police hold back curious crowds just
after the Whitney bank was held u
and two ruthless murders committed.

4
hh
'
i}

COURT HELD HERE
For one day the court
held session in this
saloon. It was here that
members of a gang
planned their crime.

of the bandits told
him briefly. “Step
on it!”

The driver pressed
his foot to the gas,
the big sedan leaped
forward and soon it
was lost in the maze
of downtown traffic,

When the bandits
backed out of the
bank everyone stood
for a frozen second
as though the stick-
up men had left a
magic spell which
rooted them to the
spot. Then as the
horror of the thing
they had witnessed
dawned upon them,
immobility gave way
to sudden purposeful
action.

Mr. Dietrich ran
over to where his son
lay wounded on the
floor; one of the
bank officials notified

HARD GUYS
Joseph Ugarte, (top)
and Owen Cauche, who
turned bandits when
they felt the need for
sudden "quick money.”

police. Brownson, gun in hand, started through a back door
in pursuit. ,

Blood streamed from the bank teller’s chest. He was
wounded, no one knew how seriously. Yet he refused to give
up. Reaching the sidewalk he aimed his gun at the bandit
car. But the strain had been too much. Before he could pull
the trigger, he collapsed to the sidewalk.

Secing the brave actions of the injured man, Henry
Scheeler, who had witnessed the masked bandits’ escape,
grabbed the revolver from Brownson’s hand and fired at the
back of the fleeing automobile. It kept on moving.

BY’ THIS TIME WorD of the holdup had flashed into head-
quarters. When we arrived at the bank the place was a
shambles. Watchman Rizan was lying face downward on
the floor. Young Dietrich, still breathing, was being lifted
onto a stretcher. Everywhere there were exploded bullets,
remnants of buckshot, blood.

“How much moncy did they get?” I inquired.

“About $3,100.”

“Who were the bandits? What did they look like?”

Bank employes and customers shook their heads.

“They wore hooded masks and long raincoats,” one of them
volunteered. “We couldn’t tell a thing about them.”

I looked at Chief of Police George Reyer and he looked at
me. A detective cursed softly.

“Boy!” he said, “if that ain’t just our luck! How in the
hell are we going to find guys who hide behind masks like a
bunch of damn Mardi Gras?”

I was inclined to agree with him. But the time, I realized,
was not propitious for grouching.

“Get busy!” I ordered. “We've got to find them!”

Armed policemen started combing the neighborhood.
Aroused citizens joined in the chase.

Following routine procedure the searching squads kept a
weather eye skinned for suspicious characters.

One group made their way to Lipnick’s garage. The ga-
rage, they knew, was a favorite hangout of Owen Cauche
and Claude Cefalu, a pair we suspected of having been cen-
nected with previous holdups.

TI
satio
cufte
fron

A
mess
lice \
All a

fencc
door:

At
relat:
searc
open

Ju:

DETECTIVES
JOHN J. GROSCH,

NEW ORLEANS POLICE DEPARTMENT
AS TOLD TO
PODINE SCHOENBERGER

T was New Yrar’s Eve in New Orleans. An air
of happy expectancy hung over the city. LEvery-
where men and women were making plans to wel-

come 1931. On all sides there was talk of seeing the
new ycar in, watching the old year out. There was
no thought of death or the dark, sinister things of life.

The banks of the city opened at nine a. M. By ten
o’clock business was in full swing. Down at the Third
District Branch of the Whitney National Bank, cus-
tomers came in, cashed checks, walked out again.
Shortly after ten a. M. Charles Dietrich arrived with
his 26-year-old son, Gilbert, scholarship student from
Notre Dame University, amateur baseball player and
a poet of some talent.

Mr. Dietrich filled in a deposit slip and walked over -
to Teller Alfred Brownson’s window. Young Dietrich
stood near the entrance chat-
ting with Pierre Rizan, 64- CRIMINAL'S END
year-old bank guard. Police questioned this

Suddenly the doors of the man about a major

: crime; a few minutes
bank were flung wide and a

; later he committed
gang of hooded bandits entered. suicide in his jail cell.

“Stick ’em up!” they ordered, flourishing their guns
menacingly in the air.

Rizan, whose job it was to protect the bank, made a
gesture of protest. A bandit gun blazed. And the aged
bank guard fell dead to the floor.

Young Dietrich looked on in horror.

“You can’t kill a man like that!” he said and he threw
his arms around the nearest bandit. The pair fell strug-
gling to the floor. Too late young Dietrich heard the
cry of warning. Too late he saw a gun pointed directly
at his head.

“Oh, my God!” he moaned as the bullet struck him.

The father gasped. “You shot my son!” he screamed,
turning threateningly towards the killer.

“Be careful!” the bandit warned, and his cyes stared
cruelly through the narrow slits of his mask. “Be care-
ful or I’ll shoot you, too!”

«3 eta THIS GUNFIRE became general. In the result-
ing confusion, the elder Dietrich was shot in the
finger and Teller Brownson was shot in the chest.

“Oh, why do you have to do this?” a woman pleaded
again and again.

While the drama of death and bloodshed was being en-
acted in the front of the bank, another bandit was busy
behind the cages, greedily scooping up the moncy.

Then as quickly as they appeared the bandits departed.
Backing through the door, with guns still leveled they
made their way to the sidewalk where a dark sedan stood
waiting. At the wheel sat a young man with a white
handkerchief over his face.

“We just shot a guy,” one JURY OUT

Members of the jury enter
the Dallao saloon to hold
court in its bizarre set-
ting.

35-year-old
aiting on his
jay, Charles
ss man. As
ving toward
parted in a-
even as the
med in his
ittering blast
ed them out.
a’s body slip
> behind his
ison, welling
denly in the
or that there
two of dead
order:
body!”
front of the
anager, stood
i to the floor
front of his

desk. . He

headed back
Brownson lay-
n his wound.
was a white,

oments things
mn below for
e sequence of
‘rr called upon
sudden death.
he uniformed
1, where he’d
ersation with
son, Gilbert.
ice him at all
len scuffle in
age, followed
by two more
id succession.
ig clerk learn

LoS Ste aaa SEL? SsTeaere LT

eHLUes OPERATED FROM HERE— |
'. Headquarters of gang. Here they planned
. robberies” and inurders, stored their guns,

CAUCHE, DALLAO & UGARTYE,
hanged New Orleans, LA,

whites,

WHERE ROBBERY-MURDER HAUL OF $3

000 THOUGHT. TO BE HIDDEN.

Police search for additional loot from the Whitney Bank job in backyard of the
Frenchmen St. house where a newspaper cameraman accidentally found $300 of it.

O YOUNG Albert Cousins, sitting
at his desk in the/little balcony
above the bank’s lobby, it was
like occupying one of those for-
wardmost boxes that were built
to virtually overhang the stage of the

_early American opera houses. Cousins

was, in fact, so close to the actors
playing out their roles in the tableau
of violence and murder below that he
had the illusion he could have
reached out and touched one of those
men who were dying down there.
The doors.of the Third District
Branch of the Whitney-Bank at Dau-

Five young punks,
‘each thinking. himself
smarter ‘than the tae
learned the hard way -

that those whe live
by killing are fated
to die by killing

oa A.

By \..

HAL WHITE

phine and Piety Streets in New. Or-
eans , had opened at ten. o’clock on

the morning of the last day of the:

year 1930. Five minutes later young
Cousins was stationed at his desk
over the lobby. He’d happened to
glance down to where the half dozen
other clerks and tellers were already

busy at work. That-was when he saw:

the three tall men in yellow slickers,
and with black -hoods covering their
entire heads, as they” made their de-
liberate automaton-like way across

ithe marble floor below.

Two of the men went toward the

January 14, 1938.

yey

teller’s window where 35-year-old

- Albert Brownson was waiting on his

first customer of. the day, Charles
Dietrich, a local business. man.
Cousins saw that pair moving toward
the teller’s cage -his lips parted in a-
_ery of warning. But even as the
words were being formed in _ his
throat there came a shattering blast
of gun-fire wHich drowned them out.
Cousins saw Brownson’s‘ body ‘slip
slowly toward the “floor behind his
cage.. He saw the crimson, welling
hole. that appeared suddenly in the
teller’s right side. After that there

was.a brief moment or two of dead

silence. Then’ came the order:

“Stick ’em up! Everybody!”

.In the office at the front of the
Nobby L- J. Burg, the manager, stood
with raised arms, rooted to the floor
next to the low rail in front of his
glass-topped mahogany desk. . He
.continued to stand there as the third
member. of. the ‘bandit trio leaped
*nimbly over the rail and headed back
‘toward the cage where Brownson. lay:
with blood pouring from his wound.
In the man’s right hand was a white,
bone-handled revolver.

During the next few moments things
happened too fast down below for
.Cousins to be sure of the sequence of
-évents when he was later called upon
to review that drama of sudden death.

He had not noticed the uniformed
guard, old Pierre Rizan, where he’d
been standing in conversation with
Dietrich’s 26-year-old son, Gilbert.
He did not,’ in fact, notice him at all
until there was a sudden scuffle in
front of the teller’s cage, followed

@imost instantaneously by two more
‘ shotgun blasts in rapid succession.
Only later did the young clerk learn

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46 LS

after learning his companions had
“turned rat.”

Also involved in the confessions
were Martin Phelps and Ed Bilbo, two

ouths who several years before had

een sent to the federal penitentiary

for possession of narcotics. .These
were the men, according to Ricker,
who had stolen the automobile to be
used in the robbery, a job for which
they were paid $100 each.

Grosch learned that Ricker and Mc-
Kee, the ringleaders in the plot, had
paid $50 for the use of a revolver with
which Ricker later murdered the
cashier, This money had been given
Anthony Dallio, who at the time was
being held in the parish prison on a
charge of murder in connection with
a holdup that occurred several years
after the States job. Dallio was to be
hanged before the youth to whom he’d
loaned his revolver went on trial.

Savoca, returned in irons, was put
in a cell in the same prison. There
an infection developed in his leg from
injuries caused by the rubbing of the
irons while he was being returned to
the U. S. A. on the Del Rio. Two
months later he died in the prison
hospital while awaiting trial on a
ee of conspiracy to commit mur-

er.

The grand jury failed to indict
Foucher and when Ricker and McKee

were put on tri for ther lives during
July of 1939, the man who had fin-
gered the job for them appeared as
the State’s principal witness.

The two were found guilty on July
19, 1938, after a trial which lasted only
three days.

The following week Judge George
P. Platt sentenced both men to spend
the remainder of their lives in_ the
State Penitentiary at Angola. They
are there today. ;

Bilbo and Phelps served their time
on the narcotics charges, were both
rearrested in connection with other
crimes and given long prison sen-
tences.

Thus, of the seven men involved
either directly or indirectly in the
murder of James Douglas Acomb—the
seven quarreling men amongst whom
the $5,200 was split—two died in
prison, one from hanging; two are still
serving out their life terms; two others
have since gone back behind the bars
as the result of other offenses against
the law; and one was allowed his free-
dom for turning State’s evidence.

The names John Francis Foucher,
Martin Phelps and Ed Bilbo, as used in
this factual crime story, are fictitious,
to protect the identity of men who, al-
though involved in the crime, were
never tried for murder.—EDITOR.

KILL FOR A KISS

CONTINUED FROM PAGE i}

killed two persons and I’d just as soon

make it three. Now do I get what
money you’ve got, or don’t qt?”

“You get it ina hurry!” young Hum-
mell assured him, and handed over the
night’s receipts without delay.

In the next half hour Al Pierce
pulled three more such jobs, then de-
cided to call it a night.

But the next night he was right back
where he started, carrying on as be-
fore, stepping up the tempo of his wild
career with half a dozen other assorted
crimes.

This went on for the better part of
a week, then subsided.

Had he gone into hiding again?

No. The Milwaukee police reported
he was back in that section, starting
another crime wave in Wisconsin.

But on the following Sunday, Feb-
ruary 9, he returned to Chicago,
walked. into a grocery at 2809 Cly-
bourn avenue, handed the proprietor,
Thomas Zatacil, a note, “I am Elmer
Henry Pierce.. Hand over tae dough,”
then flourished a gun and walked out
with all the grocer’s cash, $130.

More such robberies followed, indi-
cating all too plainly he meant to keep
his Chicago crime wave going full
steam ahead, .

BOUT this time, February 12, Chi-
A ‘cago was horrified by the most

shocking crime of the year, the
rhurder of Mrs. Ruth Petersen.

Mrs. Petersen, a young housewife,
was found brutally beaten and stabbed
to death in the kitchen of her Wauke-

an home, with her small child weep-
ing beside her, “I can’t wake mommy

up.

The sheer brutality of the murder
and the lack of any apparent motive
net to proclaim: “Al Pierce did
this!’

Still, like a will-o’-the-wisp, he
eluded the police and the FBI, mock-
ing them, defying them to catch him.

Could he be caught before he com-
mitted more murders? Would he ever
be caught?

The answer came on the night of
February 19, 1947, which brought the
last and most exciting act of this
strange human drama.

About eight o’clock that night the
telephone ig 4 at the Wheaton Police
Station and Chief Darrell E. Schusler
heard a man’s voice saying nervously:
“Do you want to nab that guy, Al
Pierce?”

“Who is this calling?” the chief
asked.

The man identified himself as Roy
Panknin and went on to say that
Pierce had come to his house for din-
ner last Thanksgiving—and had stayed
for three months. He left Panknin’s
home intermittently to pursue his
career of crime, but always returned,
seeking a safe hideout.

“He’s kept my wife and me and our
two kids in terror,” Panknin con-
tinued, “threatening us with his gun
and saying he’d kill all of us if we
dared call the police, or tell anybody
where he was. But I can’t stand it any
longer: He’s driving me crazy... ee

“Where can we find this man to-
night?” the chief broke in to ask.

“He phoned me just now,” Panknin
answered, “and told me to meet him at
the Roosevelt Road Station of the
Westchester ‘L.’ Said he’d be there
around 11 o’clock. If you’ll meet me
at the station I’ll point him out to you.”

Chief Schusler not only met Mr.
Panknin; he notified the Chicago
police,.with the result that two squads
of detectives converged on the station,
concealed themselves strategically and
waited for the quarry to walk into

In the I}
Uncensored
a story title
the Cheatin;
told of the «
in his hom:
Virginia;: a)
H. Garner :
were found
gree murde
of twenty: »
publication
both Ralph
Grace Smi!
decision of
both cases !
owas reverse
preme Cou
cases rem:
The rever:
Garner ca
tember 3,
the Mrs. ‘

eurred on

the snare t

At 11 o’clox
station and a
thickset man
face.

It was a |
wind howlin;:
form, and th:
coat collar a
host, Roy Pa?

Panknin »v
was_ hidden.
watching hin
prearranged
hat they clos«

Sergeant
Chicago Deté
lead, a polic
arm.

“Get your
ordered. “W:

The man «
Instead, with
right hand <

pocket.
That was a!
see. With ev

cut loose wit}
set man wen‘
sixteen bulle

HAT was t

Pierce, cor

though bett
as Chicago’s (

When the p
and jerked h
they found it
revolver.

It was the s
he had mu
crowded Mil:

What moti:
lovely, innoc:
driving force
commit such
bold crimes,
courting deat

When the
through his
the possibil:
questions. T
Kiss murder
tion of the c

One thing
and Milwaul
Al Pierce w:
began to bre:

» suspects could
irther informa-

| Maples and Townsend Still claimed
i were released.

that they’d never forgotten the. man
who committed that murder,

Now, Standing beside his faithful
witnesses as they watched the lineup
of: prisoners parade across the spot-

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s working on the
t for the break
come sooner or
rent that at least
nside of the job
ding with one C
| paid off. For, as Ricker, the fourth
man in the line, stepped under the

brilliant glow of the lights, both Mrs.

Maples and Townsend Jeaned forward

rosch_ believed,
into open war-
i he’d be ready
non the entire

he investigator
hough only one
ne actual hold-
‘ possibly more
the conspiracy

following the
and Savoca
ued to keep a
ry move. Dur-
Savoca was at
again settled
and family in

in their chairs, their eyes widening
as they stared hard at the Pasty-faced,
weak-chinned man who moved slowly
acrosh the platform.
“It’s him—the man who murdered
Mr. Acomb!”
he cry came from the chauffeur,
A moment later Maggie Maples was
breathlessly telling the detective chief

satchel containing more than $5,000.
Johnny Glynne, who ten years, be-

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the mistake of fore had been only 16 years of age, One of the mont ae EnTS AND METHODS! ° The ‘male and female
‘s for further Said that he “thought” Ricker was the ements, methods, etc., that should be known, ‘8! organs.

d them to feel
ninated as sus-
vccasions when
men who were
sually friendly

suspects, he
having his men
they were not
Oe
nuary of 1937,
rt that Foucher
1 an altercation
‘maker. There
ding to blows,
battle Foucher

to “have the
nd” the other

arrest at the
this informa-
i once again to
of playing one
er. The arrest
sed bookmaker
ed and on the
the two were
in the Orleans

id learned sev-
concerning the
as Eugene E.
iry street. The
se was that in
' had shipped
nder an alias.
he had aban-
estern Bort of
the three men
: had been un-
ag through his
ired names.
Ricker had re-
under his own
er joint in the
- he’d managed
ble with the
tercation with
‘fore,
he was béing
nea charge of
ith a score of
* put through
again Maggie
ad and Johnny
ded to appear

en ten years
wntown New
the shooting
b, both Mrs.

nonin

man “but couldn’t be sure,”
Instead of confronting the suspect

Eugene Ricker.
Foucher was named as the man who
had engineered the plot for robbery
and murder.

Grosch’s trick worked and Foucher
broke down and told the whole story
of the Conspiracy that had resulted in
the cashier’s slaying. Promised by the
detective that 4 recommendation for
mercy would be made to the grand

had received $375 for pointing out the

When Foucher finished Singing, a
radiogram was _ dispatched to the

been keeping under surveillance for
ten years,

minute deserted his companion when
the sda ran from the crowd toward
comb,

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High Court

ANGOLA, La. (AP) — A death row
inmate convicted of raping and
killing an 81-year-old. woman was
spared from the electric chair
Friday when the U.S. Supreme Court
postponed his execution, which had
been scheduled for early today.

The high court, in a 5-3 vote, said
the stay will remain in effect
pending its decision on whether to

hear Willie Lawrence Celestine’s , ® 4

appeal.

Dissenting from Friday's decision
were Justices Byron R. White,
' ~ William H. Rehnquist and Sandra

Day O'Connor. Justice Lewis F.

_ Powell, who is recovering from:
cancer surgery, did not take part in
the case. - oe

Earlier, Celestine, 28, had been

" moved to a cell near the electric
chair in preparation for his
execution. He gave authorities ‘no
request for visitors or a special last.
meal, -but his mother, father,
brother, sister and other relatives
appeared unexpectedly Friday
afternoon and visited with him, said

Warden Frank Blackburn.

Had the Supreme Court turned.
dowm Celestine, theré would have
been no last-minute reprieve to
allow a hearing by the state Pardon

_ Board, said William Roberts, Gov.

Edwin Edwards’ executive counsel.

Roberts said Thursday that the
governor was tired of tactics, by—

~. defense lawyers'Who dela\

to the Pardon Board until the final
hour in order to. win-at least one
more delay.

District Attorney Nathan
Stansbury said the appeal basically
contended that Celestine’s trial
lawyer was ineffective during the
penalty phase of the trial. Celestine’s
latest lawyer, Millard Farmer of
Atlanta, would not discuss the case.

Celestine, a Lafayette high school
dropout, was convicted of murdering
Marcelliene Richard in her home on
Sept. 13, 1981, after a rape in which
he broke her neck and seven ribs.

In a confession which was part of
the evidence, Celestine said he was
drunk and “full of speed” when he
killed Mrs. Richard. .

“I really didn’t mean to do

postpones |

AP Photo

Willie Celestine ~ :
Said in a tape recorded statement
played for the jury.

The condemned man’s: mother,
Theresa Celestine, said she didn’t

oh
want to discuss the execution plans. *":

“God’s going to take care of Willie,

that’s all I have to say,” Mrs. ~

. don't think life impr*“

of breaking into
: other elderly

Celestine’s execution

Celestine said. .
But Mrs. Richard’s relatives said
the sentence wasajustone.
“All my mamma’s words would .
have been, “You have to forgive him. -
You have to forgive to be forgiven.’ I

‘have prayed that he. finds eternal '

peace, but he deserves to die,” said
Clothilde Dugas, 55, of Lafayette, the

victim’s daughter. i”.

A granddaughter, Janell

Whittington, 32, of Lafayette, said —

she supported capital punishmer’
before her grandmother was killey

“But now I realize that, itv er.
going to make me feel a bin? i
But what else can we do oa ts

enough,” she said. *’
zoeen convicted
Celestine also hy @ homes of two

women and sapine
{ : ye same senior-citizen
nélstitg bo where Mrs. Richard

\ lived.

pis 3
yartment of © Corrections
tame said two grandsons of Mrs.
Richard asked to see Celestine die in
Louisiana’s electric chair. Officials

» would neither identify the grandsons

nor disclose whether’ the

applications were approved.
TT atayette police Lt. Gerald

applying |

anything. I just caught myself doing
the wrong thing. I was just high,” he
‘ e

—_—_——— ra - nisl

THE NEWS-SUN, Sa

rdav/Sunday, Februarv 9-10, 1985

Boutte, who investigated Mrs,
Richard’s violent death and arrested
Celestine, said he was among the
witnesses selected.

“I want to see the system all the 3
way through,” he said. “In my time
as a policeman I have handled a lot BS
of cases. Usually at the end of a trial w
my job is finished. I never see the a
end result. This one I want to see to
_the end.” %
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ChL BSTINE, Willie, black, 30, elec, LasP (

Louisiana hones
killing to a fine art

By Helen Prejean
ANGOLA, La.

Y stomach tightens
as we drive up to the
green building deep

inside Louisiana’s 18,000-acre
penitentiary. Red geraniums
outside. Electric chair inside.

Also inside — Willie Celes-
tine. He was moved here at 7:30
a.m. He's scheduled to die at
midnight. It's 10:30 a.m. Time
counts.

I am his spiritual adviser. My
stomach follows its own script
because it remembers what my
head is trying to tell me will not
happen again — the two other
executions that I have witnessed
over the past three years.

Louisiana is serious about ex-
ecutions. At 10:30 p.m., “Slick”
comes to your cell, shaves your
head (including your eyebrows),
cuts off your pants leg at the
knee and shaves around your
ankle. puts a diaper and a new,
white T-shirt on you, and you're
ready to go. At midnight six
guards come to your cell and
walk with you to the chair. Five
minutes later you're dead.

I’ve known Willie for two
years. He’s a black man and
follows the almost stylized pat-
tern of executions in Louisiana:
He killed a white person. Worse,
he is a black man who killed a
white woman. The clincher:
He's indigent. (Southern justice:
Of the 870 confirmed, legal exe-
cutions in Louisiana since 1722,
not one white person has been
executed for murdering a black
person.)

Willie looks up at me as |
walk in. My stomach forms a
steel band. I try to be upbeat,
take his hands in mine. We both
don't look at the white, metal
door on the far side of the room.
We both know what's behind it.
Willie’s being brave. He’s worn
down from being close to death
four times before. The last time
he was in this death house he
got a stay of execution six hours
away from death.

At 11 a.m. his family arrives
— his mama, daddy, sister,
brother, nephew. They sit close
around him. Stories — who got
married, who died, what “Crazy
Shirley” did last Saturday.
Laughter. Silence. Nobody look-
ing at the white, metal door.
“You're going to get a stay,”
Says his sister, fear in her eyes.

At 6 p.m. the family is told
they must leave. Willie’s Mama
kisses him, a short, quick kiss.
Later at the funeral she will tell

me that if she hugged him, she
would never have been able to
let him go.

Rustle of people moving in
the room, clack of steps on the
floor. I turn aside. holding back
the tears. No tears now. Have a
long road ahead until midnight.

Time for Willie's final meal.
He had ordered crawfish etouf-
fee “only because ] knew they
would keep asking me what I
wanted.” He eats some of it but
not much. We're waiting for the
phone to ring. Decision of the
Supreme Court, a voice on the
end of the line that says you
live, you die.

Willie goes to the holding cell
and makes phone calls (collect)
to some old friends, the Watson
brothers with whom he had
played basketball. He tries to
talk to his ex-wife but her hus-
band won't allow the call.

It’s midnight. The guards
come. “Let’s go, Celestine.” I’m
allowed to follow. I'll be one of
the witnesses. We had talked it
over and I had found a reservoir
of strength deep within me to
say to him, “Willie, you ought to
be able to see one loving face
when you die. Maybe I can be a
smal] glimpse of God's face.
God doesn’t want us doing this
to each other.”

We're there. Now at the end,
Willie is almost casual. He
speaks his last words, asking
forgiveness of the victim's fami-
ly (which Louisiana allows to
witness executions). “I'm very,
very sorry,” he tells them, then
speaks words of love to family
and friends.

“IT guess that’s about it.” he
says, and walks to the chair and
gets in it. He sees me, tells me
that he loves me. He watches as
they strap his arms, his legs. He
tilts his head against the wooden
back for them to strap his chin.
The cap — huge electrode in-
serted, the mask over his face,
the pulling of the switch three
times.

Got it down to a fine art here
in Louisiana — 1,200 volts, let
the body cool, 500 volts, 1,200
volts.

Goodbye, Willie. Let’s see
now, that makes 12 down and
about 40 to go.

Helen Prejean (Sisters of St. Jo-
seph of Carondelet), a nun who
serves as spiritual adviser to
death row inmates in Louisiana
and has witnessed three exrecu-
tions, is a commentator for Pa-
cific News Sence.

Lafayette) 7-20-1987,

Killer deserved
no sympathy

I failed to feel any sympathy for
Willie Celestine, executed for murder
in Louis:ena and eulogized by Sister
Prejean ‘Commentary, Aug. £5).

If I fei: anything, it was anger at
her attempt to portray Willie as a
poor, bieck victim of crejudice and
injustice. She devoted her column to a
detailed account of his iast day cf life.
She mentioned only briefly thet he
had murdered a woman, with no de-
tails as to how, when, cr why he mur-

dered this woman. Willie’s death
seemed more significant than his vic-

tim’s death. ;
She says Willie was being brave;

that he was worn down from being
clese to death four times before. How
brave is a man who murders a wom-
an? His victim was close to death only
once and had no last-minute reprieve,
as Willie had had four times.

She had been his spiritual adviser
for two years. How much time had
she spent bringing spiritual advice to
the dead woman’s family?

She witnessed his execution because
she felt he ought to be able to see one
loving face before he died. What lov-
ing face did his victim see before she

died? — Sharon Dannemiller

9-2 - & 7 Newark

San Jose Mercury News, Tuesday morning, August 25, 1987

S&®% Fore Mek turky hrews

Atlanta Constitution

Sam Rawls

Monday. July 20, 1987
Reno Gazette-Journal | 3A
|

Execution scheduled

ANGOLA, La. — A man who

confessed he beat, raped and
strangled an 81-year-old woman Six
years ago was moved to the ceath

house Sunday to await hi cuti
after midnight vt hata

electric chair.

in the Louisiane

Willie Lawrence Celestine, 23, was

sentenced to die early today f.
brutal 1981 murder of Marealiane
Richard of Lafayette Parish.

Gov. Edwin Edwards turned down a

last-minute request to bl

inute ock th

oe ours after the C S
upreme Court also tu “an a

pte rned down an

midnight
chair.

Killer to be executed

ANGOLA, La. (AF) -- A man who
confessed he beat, raped and stran-
gled ar: 81-year-old woman six years
ago was moved to the death house
Sunday to await his execution after
in the Louisiana electric

Willie Lawrence Celestine, 30, was
sentenced to die early today for the
1981 murder of Marceliane Richard
of Lafayette Parish.

Celestine would be the 12th person
executed in Louisiana since it rein-
stated tne death penalty in 1983.

Slayer of Aged Woman Executed
In Louisiana After Appeals Fail

page (S_
7A C4,

ANGOLA, La., July 20 (AP: — Willie
Celestine went to his death :n Louisi-
ana’s electric chair today af:er apolo-
gizing to the family of Md2rceliane
Richard, the 8l-year-old wcman he
raped, beat and strangled s:x years
ago.

“I'd just like to tell the Richard
family that I’m very, very sorry,” said
the 30-year-old slayer before the elec-
tricity was switched on at 12:2¢ A.M. “‘l
hope in their hearts they can forgive.”

Mr. Celestine was pronourced dead
at 12:27, said the warden of Louisiana
State Penitentiary, Hilton Butler. It
was Louisiana's fifth execut:on since
early last month.

Two of Mrs. Richard's grandsons,
Robert and John Broussard. were
among the witnesses who wa:ched the
execution from behind a glass window.
They sat quietly throughout ar.d did not
talk to reporters.

Supporters at Execution

Also witnessing were Sister Helen
Prejean, an opponent of the death pen-
alty who was Mr. Celestine's spiritual
adviser, and Millard Farmer, of Atlan-
ta, his attorney.

Mr. Celestine mouthed the words ‘‘]
love you”’ to them as he was strapped
into the electric chair.

The execution was delayed about 10
minutes because Mr. Farmer was nota
Louisiana resident and officia!s had to
call Gov. Edwin W. Edwards after mid-
night to get permission for him to be a
witness.

Only one death penalty opponent

Youth on Death Row
Is Granted New Trial

LITTLE ROCK, Ark., July 20 (AP) —
The state Supreme Court reversed the
capital murder conviction today of a
teen-ager found guilty of stabbing
three people to death.

The defendant, Ronald Ward of West
Memphis, was 15 years old when he
was sentenced to death in September
1985. At the time, he was bel»eved the
youngest inmate on death row in the
United States.

Mr. Ward was convicted of fatallys-
tabbing Lois Townsend Jarvrs, 76, Au-
drey Townsend, 72, and Chris Sim-
mons, 12. All of thevictims were white;
Mr. Ward is black. :

“All of the peremptory challenges
exercised by the prosecuting attorney,
eight im this case, were used to strike
black people from the jury,”’ the state

* high court said. “We find the state's
use of the peremptory chalienge vio-
lated the Equal Protection Clause of
the United States Constitutxon and
denied Ward a fair trial.”

The court reversed the conviction
and returned the case to the lower
court for a new trial.

marched outside the prison gate Sun-
day night, officials said. By 10:30 P.M.,
the lone protester was gone and seven
pro-death penalty demonstrators were
left.

The execution took place after Gov-
ernor Edwards rejected an 1)th-hour
plea for a reprieve from Mr. Celes-
tine’s lawyers to allow the condemned
man a hearing before the state Pardon |
Board. Mr. Edwards has consistently |
refused to intervene in death penalty:
cases. ‘

Rights Pleas Unsuccessful

The Inter-American Commission on
Human Rights, part of the Organiza-
tion of American States, sent tele-
grams tp Secretary of State George P.
Shultz and Governor Edwards asking
that the executson be halted.

The commission based its appeal on
studies showing that blacks are more
likely to get the death penalty, particu-
larly if they kill whites. The Supreme
Court earlier this year rejected ap-
peals based on that argument.

Earlier Sunday, the United States Su-
preme Court refused to stop the execu-
tion. The United States Court of Ap-
peals for the Fifth Circuit rejected Mr.
Celestine’s appeal on Saturday.

In a four-minute taped confession,
played at his 1982 trial, Mr. Celestine
said he was drunk and “‘full of speed’’
when he strangled Mrs. Richard and!
broke seven of her ribs and a vertebra.
in her neck after raping her.

His deuth date had been postponed’
five times in the last three years.

Mr. Celestine also was sentenced to
life in prison for breaking into the
homes of two other elderly women in
the same Lafayette neighborhood and
raping them.

He had several visitors Sunday, in-
cluding his parents, a brother and a sis-
ter, Mr. Farmer and Sister Prejean,
and talked to some friends by tele-
phone, the warden said. :

—_—_—_—_—X—XSX—X—X—X—X—X—X
CRE ES

————EEUENEeS=>=Eooqqq—=—>—FEae—E—EEeEEE—e—————————eeE

“fe,t suly 20, 198? AS

Killer is denied stay

ANGOLA, La. — The U.S. Supreme
Court yesterday refused to stay the
execution of Willie Celestine, sched-
uled to die in Louisiana's electric
chair at 12:01 a.m. today for the rape
and strangulation of an elderly
woman.

The court voted 6-2 against a stay
for Celestine, 30, who ordered a
Cajun dinner for his last meal as he
awaited word on his appeal.

Justices William Brennan and
Thurgood Marshall, who habitually
vote against the death penalty, voted
to grant the stay.

United Press International

Monday, July 20, 1987

S, TUESDAY, JULY 21, 1987

The San Diego Union A-3

>
?
~

THE NEW YORK TIME

The Honolulu Advertiser

Monday, July 20, 1987

LT
Louisiana execution

5th in state this year

ANGOLA, La. — Willie Celes-
tine, condemned to die for the bru-
tal 1981 rape and strangulation of
an 81-year-old woman, was electro-
cuted early yesterday at the Louisi-
ana State Penitentiary.

Celestine, 30, of Lafayette, avert-
ed five previous execution dates.

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PPT WNT aC PT SF PETE UE TITER FETE ELEN eT TIE”

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se 296t OZ AINC ‘ABPUOW - jeuly 228 oyuawesses a4L OV

Louisiana executes slayer
ANGOLA, La. — A man who beat, raped and
strangled an 81-year-old woman apologized to his
victim's family and told two supporters he loved
them as he went to the electric chair Monday.
Willie Celestine, 30, became the 84th person ex-
ecuted nationwide in the past decade and the fifth
put to death in Louisiana since early June. Two
more executions are scheduled here this month.
Execution opponents and supporters had
thought that all executions might be put on hold by
another challenge to Louisiana’s death penalty law.

Contra Costa Times Tuescay, July 21, 1987

Execution scheduled

ANGOLA, La. — A man who
confessed he beat. raped and
_ strangled an 81-year-old woman six
‘U years ago was moved to the death
th pee Sunday to await his execution
‘, after midnight in the Louisiana
' electric chair.
N ~ Willie Lawrence Celestine, 30, was
T sentenced to die early today for the
5 brutal 1981 murder of Marceliane
Richard of Lafayette Parish.
> Gov. Edwin Edwards turned down a
© last-minute request to block the
V execution just hours after the U.S.
& Supreme Court also turned down an

appeal. 7-20 -£7

—

Louisiana execution

ANGOLA, La. — Willie Lawrence
Celestine, who confessed he beat,
raped and strangled an 81-year-old
woman six years ago, was executed
in Louisiana's electric chair early to-
day.

Celestine, 30, was pronounced
dead at 12:27 a.m. at Louisiana State
Penitentiary for the 1981 murder,
said prison spokesman Gary Franks.

Gov. Edwin Edwards turned down
a last-minute request to_block tis ex-
ecution just hours after the U.S. Su-
preme Court also turned down an ap-

peal.
— Bee News Services

v Confessed killer awaits
Lz execution in Louisiana

SS ANGOLA, La. -- A man who
confessed he beat, raped and
§ strangled an 81-year-old woman
lx years ago was moved to the
‘ydeath house yesterday to awalt
Shis execution after midnight in
ap the Louisiana electric chair. Wil-
& He Lawrence Celestine, 30, was
‘ sentenced to die early today for
© the brutal 1981 murder of Mar-
~ celiane Richard of Lafayette
nh Parish. Gov. Idwin Edwards
turned down a last-minute re-
quest to block the execution just
hours after the US. Supreme
Court also turned down an ap-
peal. Two justices, Willlam Jo-
seph Brennan Jr. and Thurgood
Marshall, dissented, sald court
spokeswoman Kathy Arberg.
a

Prisoner executed
after apologizing

ANGOLA, La. (AP) — A man
who beat, raped and strangled an
81-year-old woman apologized to
his victim’s family and told two
supporters he loved them as he
went to the electric chair Monday.

Willie Celestine, 30, became the
84th person executed nationwide in
the past decade and the fifth put to
death in Louisiana since early
June. Two more executions are
scheduled here this month.

Death penalty opponents and
supporters had thought that all ex-
ecutions in the state might be put
on hold by the U.S. Supreme
Court’s decision last month to look
at another challenge to Louisiana’s
death penalty law.

However, the court declined
Sunday to hear Celestine’s case,
and the first jolt of electricity was
administered to him at 12:20 a.m.,
as Robert and John Broussard, two
grandsons of Marceliane Richard,
looked on.

“T’d just like to tell the Richard
family that I’m very, very sorry. I
hope in their hearts they can for-
give,’’ Celestine said before the ex-
ecution.

As he was strapped into the
chair, he mouthed the words “I
love you” to his lawyer, Millard
Farmer of Atlanta, and to Sister
Helen Prejean, an activist against
the death penalty who serves as
spiritual advisor to many of the
men on Louisiana’s death row.

“God forgive us,’’ she whis-
pered as the execution was carried
out. She stood behind Farmer, her
hands on his shoulders.

The execution was delayed

_~—— -

Vallejo Times-Herald

about 10 minutes because Farmer
was not a Louisiana resident and
officials had to call Gov. Edwin
Edwards after midnight for per-
mission to let him be a witness.

When Farmer was let into the
witness room, he said Celestine
had been denied adequate repre-
sentation at his trial. ‘Even at the
moment they wanted to kill him
they didn’t want him to have repre-
sentation,’’ he said.

Edwards, who has consistently
refused to intervene in death pen-
alty cases, rejected an 11th-hour
plea for a reprieve to allow Celes-
tine a hearing before the state Par-
don Board.

The Inter-American Commis-
sion on Human Rights, part of the
Organization of American States,
sent telegrams to Edwards and to
U.S. Secretary of State George
Shultz seeking to halt Celestine’s
execution, saying it wanted to look
into claims that it would violate hu-
man rights treaties.

The human rights claim is
based on studies indicating blacks
are more likely to get the death
penalty, particularly if they kill
whites. The Supreme Court earlier
this year rejected appeals based
on that argument. ;

In a four-minute taped confes-
sion, played during his 1982 trial,
Celestine said he was drunk and
“full of speed’’ when he raped Mrs.
Richard, broke her neck and seven
of her ribs and strangled her.

His death date had been t-
poned five times in the last three
years.

6 wesday, July 21. 1987

——

228 . The Louisiana Historical Quarterly

cureur General, plaintiff and accuser, against Pierrot, negro
slave of M. de Belleisle, defendant and accused. Considering
the proceedings extraordinarily instituted by the Procureur Gen-
eral of the King, and other proceedings of the suit, the Council
orders more ample inquiry to be made and other charges; how-
ever, it is ordered that the said negro be remitted to his Master,
to be arrested again if the case demands it. Given in the Coun-
cil Chamber, one thousand seven hundred and forty-eight.

Signed: Lenormant; Vaudreuil; De Benac; Lafreniere;
D’Auberville; Le Bretton. /

Judicial Sale of House and Lot owned by
January 9. Laroche minors, on petition of Jacques
30993. 4469. 8 Massicot, acting as husband of Marie Dan-
my V. SEO; & PP din, previously widow of Jean La Roche;
Judictal sale of‘e and of Pierre Revoil, husband of Catherine
house and lot. La Roche, daughter of deceased Jean La
Roche, and followitig decree of the Su-
perior Council of the second of last De-
cember, ordering sale of the house and lots
proceeding from community of Widow La
Roche’s first marriage, returns thereof to be divided between
the heirs, before M. Raguet, acting as Procureur General of the
King. After compliance with formalities preseribed, the aue-
tion took place before Mr. Nicolas Chauvin de la Freniere, Com-
missioner on this case. The first bid was for the sum of 2000
livres by Thomas Lefebvre, against Le Sassier at 2100 livres.
Other bidders were Chastang and Massicot, and ‘seeing that
eleven o’clock has been struck and that the real value has not
been reached, with the consent of the said parties sale has been
adjourned to eight days hence, postings and advertisement to
be repeated.”
Signed: Lefevre; Raguet; Lafreniere.

January 18, 1748. On this date M. della
oe Freniere, accompanied by the Procureur
Seba Neca and the Sheriff, went to the Registry, for

sale and adjudication of a house and lots,
following Sheriff Lenormand’s posting on
the 14th instant.

December 2, 1747. Decree of Council

9 (VC « . 8 7 .
80999. ordering sale and division of community
Order for the property. Signed: By the Council; Henry,
above sale. Greff wv

Sale followed and the house and_ lots
were adjudicated to M. Massicot, at the
ged i i sum of three thousand livres. The Pro-
; cureur General of the King has notified
the public that if within eight days a higher
bid is made, that it will be accepted.
Signed: .Revoil; Massicot; Lafreniere; Raguet.

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tontinry—Caede Levee Bosrrnr
pig Order for Lamers
3 ae 32

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{ng in mnany yee

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87 SOUTHERN (2nd) 315.
CHINN, Louis, black, 3h,elec. La. SP (West Baton Rouge) 7-5-1957,

"3 ee3aton Rouge Negro Louis Chinn, held here for West Baton Rouge parish

where he was convicted of the murder of a Baton Rouge vegetable merchart.

It was on April 30, 195, according to records of the case, that 6h-
year-old Domenice Boeta set forth in his vegetable truck whth Chinn for
a helper. But Chinn, who had worked for Boeta on occasion before, had
things on his mind besides selling vegetables, Ina statement that
accompanied his confession of the murder several days later, he told
sheriff's deputies his wife had threatened to file non-support charges
against him if he didn't produce some cash, That, he condédended, was
what led him to beat his elderly benefactor over the head, choke him
with s belt and rob him - of the magnificant sum of $13.00. A sanity
hearing preceded the five-day trial in West Baton Rouge Parish = a
trial in which the defense was confined to a contention of insanity.
But the 12-man jury took less than an hour to return the verdict of
suilty as charged, making the death penalty mandatory. Anpeals to the
Supreme Court have delayed the execution until and Louis Chinn, now
nearing 30, continues an entry on the East Baton Rouge Parish jail book
the charge, murder, holdfor West Baton Rouge Parish..."

"Many Escape Death fom Capital Crimes Committed in State," by Ed
Clinton, Baton Rouge STATE TIMES, April 18, 1957.

a HINN, Louis, blatk,
’ 87 SOUTHERN REPORTER, 2d SERIES

of an agricultural :
crop fictive 7 :
h Pos- ce P
ereof, Act 66 of 1874 and Act 93 oo no right of action should:

ore weoieng 9:4341, the pledgor
any part of the pled Analo
~via pledged gous here are num ;
* “ee of the pledgee com- cided by this court tavabidcige ed
seni the latter (evidently this with broad subrogation ri Al wal
ee into consideration LSA the vendees, wherein we held pers 2
. ohm 3173 reciting that “The *¢tion in tort for damages casring of
obs away the pledge without to the sales are personal t ke waa Priog
onl adap commits a sort of seers witheor'
. .
ourt of Appeal therein fur- PTeSS conventional subrogati
ions.

ve knowled
ge of the recorded 1530, 16 So. 487, and Gumbel v. New Or

likewise i
ise is an offender of the !¢4"S Terminal Company, 197 La 430°
7 p
= ORE:

‘session of the pledgee, commits °0-24 686.

Seaga a joint tort-feasor with

« yt
Z tS;

1g | Horn cas Arti
3 ; e counsel for ‘ticle 2161 reciting: « , -
in ...0 uvief, states; “* » « Place of right: g: “Subrogation takes

- Rs)

no quarrel with th isi ) ,

ly submit that i a decision; * * BA
i at its principles and ‘ Apis i
‘ be applied in the case before bo

°
’ h ’

und with others or for others, for the

payment of the debt, had an interest in dis-

pelo :
Pelousas Production Credit As- Charging it.” It is contended ;
ended that as co-

ad sued the defend i
! ants in this Makers of i i
a“ de t the note
and indlviduatiy, the above interest in Mitidetd tana apie
way pplicable. that, on paying the debt, th paraetuaty
He " ; pindeshens , they became legally
eee yor. 0 all of the rights of the payee.
it we ask the support of the contention they cite

of the above case and P
, the t quote fro
ort or 194 So, 455 m Cook y. Crow, La.App.,

committed by the defendants beg gel,
pos bite) ae &

Jpelousas Production Credit As-
id not against plaintiffs herein
noted that all the cotton pu
lefendants was purchased hes

holding that
lat a payee’s personal ri
action against a third person not oe 2

sas : : a i :
Production Credit Associ- note is acquired by the purcha
note.’ Therein the court 1 = oe

merely held that

he note and cr :
op lien of M.A
vaS Over one month * 4%. the purchas: .
: after ers of the
e by either of the Preto notes, who had been pants mortgage
nts dorsers thereon, were er oe es
itled to obtain a

ntiffs purchased f
: rom the Pro- ;
lit Associati O- judgment ;
> ge ion the note of M, rectaiibed Ae ad the maker and to have
i mortgage given as :
, security.

el toncludes that pant: Th
these plain- ese appellants in ;
* cannot maintain this ac- to the note and ghee aaux las subscribed
an express subrogation from predicated. Hence, pl which this suit is
3 Production Credit Associa- bound with or for or bl oe were not
vuld give them that right, and the debt as icnisublared the payment of
gation is in the record.” Code Article 2161(3) td LSA-Civil
ther: ds spncilant , quoted. Nei-
the pledged oe of
f ich they purchas
rom Gibbs. They are sought to be re

sion appears to be sound, and
; . . ‘
pinion is that appellants’ ex-

do n
ot pass to the purchasers without ex

n : ;
oned and held that since a pur- such cases are Madison. vy. Zab Among
i riskie} ne

the pled .
pledged crop is charged with 1@-Ann. 247, Bradford v. Damare, 46 Tay

as support of their right to recomel
n plaintiffs rely on LSA-Civil Code
€

3. For the benefit of him who, being

The ci i
cited case is not authority for a ’

1 La. SP (EZ. Baton Rouge) 74967

STATE v. CHINN

315

Cite as 87 So.2d 315

able in an action (whether i
ae sounding in tort as wa
sfyrn case or as having arisen by operation
se of the provisions of the crop
which was a personal right
the payee of the note—the holder thereof
: the time the purchases were made. And
‘sing of such nature the right of action
ould not and did not pass to plaintiffs in
f a special subrogation to that

i law becau
edge statute)

she absence 0
effect.

For the reasons assigned the judgment
appealed from is reversed and set aside,
the exception of no right of action is sus-
tained, and plaintiffs’ suit as against these
appellants is dismissed. Appellees shall

pay all costs.

229 La. 984
STATE of Loulsiana

v.
Louls CHINN.
No. 42430.

Supreme Court of Louisiana.

Nov. 7, 1955.

On Rehearing March 26, 1956.

Defendant was convicted of murder.

The Eighteenth Judicial District Court,
h, Paul B. Landry,

Jr., J., entered judgment, and defendant ap-

pealed. The Supreme Court, Fournet, C.
as pleaded as

trial judge’s refusal to comply
e examine

West Baton Rouge Paris

J, held that, where insanity w

a defense,
with defendant’s request that h

experts appoin
was error but was not prejudicial to

t be considered perts testified at length in favor
s held in the ant.

norma.

of defend-
Conviction and sentence affirmed.

1. Mental Health €=3 :

Mere weakness of mentality or sub-
1 intelligence does not, of itself, con-
stitute “legal insanity.” LSA-R.S. 15 :267.
See publication Words and Phrases,
for other judicial constructions and defi-

nitions of “Legal Insanity”.

2. Criminal Law e311
Mental Health €=434

Law presumes every man to be sane,
and to warrant sustaining of plea of present
insanity, thereby preventing trial of a crim-
inal action, it must appear by a preponder-
ance of evidence that accused is so mentally
deficient that he lacks capacity to under-
stand nature and object of proceeding
against him and to assist in conducting of
his defense in a rational manner. LSA-R.

S. 15 :267.

3. Criminal Law €—625

In murder prosecution, defendant’s con-
fessions and testimony was sufficient to es-
tablish that defendant was able to under-
stand the proceeding against him and te
properly assist counsel in his defense and
that trial judge correctly ordered defend-
ant to stand trial. LSA-R.S. 15:267.

4. Criminal Law €=300

ent insanity,

to go to trial on his plea
and court properly ent
guilty on defendant’s behal
refused to so plead. LSA-R.S. 15:261.

ted to the lunacy commission
5. Criminal Law C286
defend-

Following dismissal of his plea of pres-
accused, who was re-arraigned,
and who pleaded insanity, was not entitled
of insanity alone,
ered plea of not
f when counsel

ant, in view of facts that jury did have
benefit of such experts’ findings and their
testimony after such experts were fully
examined by state and defense, that jury
was aware that experts had been appointed
by court, and that, save in one instance, ex-

Plea of insanity at time of commission
of crime involves a fact affecting guilt or
innocence of accused and necessarily must
be tried on merits and submitted to jury
her facts presented during

just as all ot
LSA-R.S. 15:261.

trial of case.

a a

2ain
had
for
ght
grin

yen

r ot
Or-
enti-
irom
vy an
ence
first
con-
in-
ested
nere,
the

t for

given
nger-
inalls
been

Valter
1 cit)

was
ven he
district
and |

dranch

t ham-
rapid

Dallao

se two

October, 1937

murders. We've got enough on you to
put you on the end of a rope, too. We
spoke to you about it once before, but
when we went back to question you again.
you had been released.”

Oliver hedged, but at last he told us
that if we would do our best to get him
a life sentence, he would tell us the truth
about the bank robbery.

We promised to do all we could and he
gave us the following confession in writ-

Ing:
July 6th, 1936

“About one week prior to. the hold-
up and murder of Gilbert Dietrich and
Pierre Rizan which occurred at the Third
District Branch of the Whitney Bank, lo-
cated at the corner of Piety and Dauphine
Streets, on December 31st, 1930, | met
Claude Cefalu and George Dallao on the
street downtown and they took me to
Dallao’s house and planned with me to
hold up the branch bank on the date
named.

“While Dallao, Cefalu and | were at
Dallao’s house speaking about the hold-up
of the branch bank, Joseph Ugarte, Owen
Cauche and James Kavanaugh came into
Dallao’s house. They got into the plan-
ning with us and all of us—Ugarte,
Cauche, Kavanaugh, Dallao and ]—talked
about the hold-up of the bank at Piety
and Dauphine Streets. :

“AYE spoke of what guns we would use
and Dallao said he had the guns and
he got the guns and we all examined them.
We then spoke about the car to be used in
the job and someone in the crowd said,
‘We will take care of that—that’s easy!’
“l then left, and on December 30th,
1930, | went back to 541 St. Mary Street
about 8:00 p. Mm. and met George Dallao,
James Kavanaugh, Joseph Ugarte, Claude
Cefalu and Owen Cauche. We went up-
stairs and talked about the hold-up for
the next day. Dallao showed us the slick-
ers and the guns—revolvers and one
sawed-off automatic shotgun.

“Each man picked his own weapon from
the collection of guns. | picked a small
Colt revolver. After all arrangements
were made about which guns were to be
used by the men in the hold-up, Dallao,
Kavanaugh and Cauche went off and were
gone about one hour. When they returned
they told us they had the car and they
had it at a plant on some street.

“We all remained upstairs at Dallao’s
house until the next morning about ten-
thirty, when George and Tony Dallao
went off and got the stolen automobile
from the plant where they had left it
the night before.

“Kavanaugh, Ugarte, Cefalu, Cauche
and | got into the stolen automobile that
George and Tony had brought to the
Dallao house. George Dallao put a_stack
of guns in the stolen car and Tony Dallao
put the slickers in the automobile. | got
at the wheel of the car and George Dallao
sat next to me.

“Cefalu sat in the middle between me
and. Dallao. Ugarte, Kavanaugh and
Cauche sat in the rear of the car. | drove
away from 541 St. Mary Street with all
of the above mentioned men in the car.
| drove down Chartres Street to Desire
Street and back Desire Street to Dau-
phine Street and down one block against
traffic on Dauphine Street.

“When we reached the bank | stopped
the car and George Dallao, Claude Cefalu,
Owen Cauche, James Kavanaugh and
Joseph Ugarte went into the bank, all
holding revolvers with the exception of
Claude Cefalu, who had the automatic
sawed-off shotgun.

“Tl remained at the wheel of the auto-
mobile with a pistol alongside me on the
seat, and after the above mentioned men
were in the bank a very short time, |

Black Swirling Water Swept Her Out of
Sight......

Girl Leaps for Ferryboat and
Misses: C. C. C. Rescuers
Plunge Among Ice Floes

Master Detective

just hold her up. It looked
like we both would drown
... 1 was ready to give up...
when | realized Joe was
shouting at me, saw him
swimming toward us tow-
ing a life preserver. Thanks
to him we got the life pre-
server under the girl and
brought her out from under the dock
where soldiers in a life boat pulled us
out,

“But if it hadn't been for that flash-
light and those fresh DATED ‘Eveready’
batteries that kept the light burning in
that icy salt water, there couldn’t have
been any rescue at all,
for we never could have @#
found the girl under that &
dock.

Harold Watson of 64 Scholes St. and his
pal Joseph Flanagan of 717 Madison
St., Brooklyn, N. Y., who were rewarded
with C.C.C. Certificates of Valor signed
by President Roosevelt.

“A girl came running down the dock as
the boat pulled away. She jumped...
and missed,” writes Harold Watson,
“falling into the icy swirling water. Stand-
ing as | was on the deck of the ferry-
boat with my buddy Joe Flanagan, I saw
s her swept under the pier while those on
the dock couldn't tell where she was.

“One man had a flashlight but he
didn't know where to shine it...] had
to have it so | jumped back on the dock
and dove after the girl with the flashlight (Signed)
in my mouth. I found her easy enough,
but it was so cold in there amongst cakes

of floating ice | couldn’t do more than Suwlds Vator

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Master Detective

Smashing New Orleans’ Reign of Terror
(Continued from page 43)

that satisfaction, but that was all. Ugarte
and Cauche, freed from danger of punish-
ment, returned to their homes, and for
some time afterwards managed to keep
clear of the law. However, we kept close
watch on their activities and finally
tripped Ugarte in an automobile theft
case. We had the goods on him this time.
He was convicted and sent up for a
lengthy term.

More months passed. On January 27th,
1932, two bandits kidnaped Charles Ra-
bito, forty-year-old grocery employee, as
he left his place of business at South
Claiborne Avenue and Poydras Street, in
his employer’s automobile. One of the
kidnapers, long a, friend of Rabito, asked
the latter for a ride and was permitted to
et into the car. After being driven a
ew blocks, he thrust a gun in Rabito’s
stomach; ordered him to stop and adinit
4 third man into the machine.

JN Jefferson Parish, adjoining New
Orleans, the clerk was ordered out of
the car in a deserted lane near an aban-
doned airport. A gun was pressed against
his head. Rabito begged his kidnapers to
spare his life. Instead Mie, sent a bullet
crashing into his brain. aking several
thousand dollars from their victim who
had been on his way to deposit it in a
bank, the killers fled. As they did so, one
of them threw the lethal weapon into a
drainage canal that paralleled South
Claiborne Avenue. It was later found
by a schoolboy and turned over to the
police.

By tracing this gun, we were able to
pin the kidnaping and murder of Rabito
on two men—George Dallao and John
Capachi. Dallao was twenty-eight years
old, married, and the father of two small
children. Capachi had been Rabito’s
friend.

The whole story of this crime was told
by me in the December, 1934, issue of
True Detective Mysteries, and it is
unnecessary for me to enlarge on it
here. The important point is that though
we did not know it at_the time, when we
arrested Dallao and Capachi we had in
our hands the solution of the mystery, of
the murders of Rizan and young Dietrich,
and the hold-up of the Whitney National
Bank.

George Dallao and John Capachi were
found guilty of the slaying of Rabito and
sentenced to be executed.

With the shadow of the gallows becom-
ing more and more distinct during his
pacing of his cell, Dallao became desper-
ate. He trembled with fear as he clutched
and shook at the bars. Frantic, he finally
asked a jailer to have Captain Alfred
Malone visit him.

“lve got something on my mind | want
to get off,” he piteously pleaded as he
cringed in his dimly-lighted cell.

Dallao talked and what he told Malone
blew the lid off the bloody affair at the
Whitney National Bank.

In his gruesome narrative of the bank
killings the condemned Dallao told Cap-
tain Malone that Joseph Oliver had been
one of the group with Cauche, Ce-
falu, Kavanaugh, and Ugarte, which
had held up the bank on December 3lst,
two years before.

“Now save me from the gallows,” he
cried to Captain Malone. “Get me a
reprieve. I'll take the stand against all
of them. I'll tell all 1 know about that
job. | was in on it.”

Captain Malone immediately brought
the information to me. It was only a
few hours before Dallao would drop into

eternity. Fortunately, Joseph Oliver, the
man mentioned by Dallao, was serving a
short sentence for petty larceny in the
Parish Prison at New Orleans.

With Captain Malone and Lieutenant
Joseph Schwehm, | hurried to the
Parish Prison, where a turnkey ushered
us. to a cell tier on the second floor.
Oliver was brought out. Captain Malone
told him in a few words the story he had
heard from Dallao a short time before.
Oliver immediately became sullen and
silent.

Finally he said:

“l ain't talking to none of you fellows.
If I’ve got anything to say, Pll say it to
the District Attorney.”

Failing in the attempt to get confirma-
tion of Dallao’s statement, efforts were
made to obtain a reprieve for this killer,
so that he could testify as he promised.
But no reprieve came during the few
short hours that were left, and on the
afternoon of May 5th, 1934, Dallao
dropped to his doom. His head was
literally torn from his body by the hang-
man’s rope. Capachi was executed at the
same time.

Eager as we were to get the solution of
the bank murder mystery, we slipped a
cog. Reaping the investigation | went
out to Dallao’s house at 41 St. Mary
Street, taking with me a squad of men.
We searched the place thoroughly, start-
ing on the roof and working all the way
through the building. We found nothing
incriminating. | walked around the out-
side of the house and noticed that some
of the weather boards in the rear ap-
peared to have been tampered with. We
tore them loose and found hidden behind
them four hoods, four slickers and four
guns. Later ballistic tests showed that
bullets which had killed Rizan and Diet-
rich, and wounded the teller, Brownson,
had been fired from these weapons.

We decided to go after Oliver again
and were astonished to learn that he had
been released. He had been sent up for
a-much shorter term than we thought,
and it was with a great deal of chagrin
that we found our bird flown just when
we needed him most.

TiME passed. Early in the summer of
1936, Anthony O'Boyle of the New Or-
leans Criminal Investigation and Identi-
fication Department, opened a letter from
Los Angeles. Thinking it was merely an
answer to routine police correspondence.
he paid little attention to it at first.
Later he picked it up and read its con-
tents, wide-eyed. It conveyed the in-
formation that Oliver had been arrested
in Los Angeles and was being held there;
the police having received one of the
circulars we had sent out in our hunt for
this fugitive.

When taken into custody he had given
the name of Joseph Cavaretta, but finger-
prints discredited his alias and he finally
admitted his identity. He had been
picked up for drunkenness.

Detectives Joseph Mock_ and Walter
Klemmer were sent to the California city
and Oliver, waiving extradition, was
brought back to New Orleans. When he
had been incarcerated, Assistant District
Attorney Conrad Meyer, junior, and |
visited him. We wasted no words.

“What do you know about the branch
bank stick-up here in 1930?”

Oliver refused to answer. We kept ham-
mering at him, firing questions in rapid
succession. Finally, I said:

“You know, Oliver, that George Dallao
said you knew something about those two

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heard a lot of shooting and they remained
in the bank a little while and*then came
running out and jumped into the auto-
mobile. I drove out Piety Street from
the bank in the direction of the river,
until | reached Royal Street at a rapid
rate of speed. [I went up Royal Street in-
to North Peters Street and then drove
into Tchoupitpulas Street to Celeste Street
and out this street to St. Thomas Street;
up St. Thomas Street to Dallao’s place at
541 St. Mary Street.

“After arriving at Dallao’s house we all
went upstairs and divided the money we
had got out of the stick-up.

“They gave me $400 for my share.
While we were dividing the money, George
Dallao went off and abandoned the stolen
automobile we used in the stick-up. He
was followed ‘in van, Dallao’s own auto-
mobile by Tony. hen George Dallao
returned he got his share of the money.
Anthony Dallao also got a cut, when we
were dividing the money, which was
$3,100 and some odd dollars.

"A COUPLE of hours before George

Dallao was hanged for another rob-
bery and murder, Chief Grosch and Lieu-
tenant Joseph Schwehm came to the Par-
ish Prison and talked to me about my part
in the hold-up on December 3st; 1930. |
told Chief Grosch | wanted to speak to
the District Attorney, who at that time
was. Eugene Stanley. Chief ~Grosch and
Lieutenant Schwehm came back to Parish
Prison later to see me.

“At this time Chief Grosch showed me a
statement made by George Dallao, men-
tioning me in this hold-up and murder,
and thinking George Dallao would. be
given a reprieve and take the stand against
us, | wanted to tell the story to the Dis-
trict Attorney. About thirty days after
Chief Grosch talked to me for the second
time in Parish Prison, | was released. |
remained in New Orleans a couple of
months and then went to Los Angeles,
mis. where | was arrested in June,

“On July 6th, 1936, | arrived in New
Orleans, Louisiana, in custody of Detec-
tives Mock and Klemmer. About noon
the same day Chief Grosch and Lieuten-
ant Schwehm came to see me at Police
Headquarters in Baton Rouge. Volun-
tarily, | told Chief Grosch of my part in
the hold-up’ and murders of December
31st, 1930,

“I told Chief Grosch in detail just how the
hold-up and murders had been planned,
and told him | was willing to take the
stand and tell the truth. I dictated
this confession to Clerk Robert J. Ames,
New Orleans Police Department, which
he took down in shorthand. I make this
confession voluntarily and without any
threats or promises or duress of any kind.

“This confession transcribed to type-
writer by Clerk Robert J. Ames at 2:50
p. M. Monday, July 6th, 1936,

(Signed) Joseph Oliver”

Owen Cauche was immediately arrested
and search was made for Anthony Dallao.
It was learned that the latter was serving
time in the Mississippi Penitentiary for
another bank hold-up. He was brought
to New Orleans on Sunday, py 12th,
1936, by Herbert W. Christenberry, As-
sistant District Attorney, accompanied by
detectives. The Mississippi bank robbery
had been staged almost four years after
the bank raid in New Orleans.

With Oliver, Cauche, Ugarte, Kava-
naugh and Tony Dallao in cells; with
George Dallao executed for another crime,
and Claude Cefalu slain in an attempt to
escape, we had accounted for the whole
seven in this murderous band; the five
who entered the bank, the one at the wheel
of the car, and Tony who had aided in

the planning of the robbery and shared
in the loot, but who had remained in the
house on St. Mary Street while the mur-
derous foray was being carried out.

Would we be able to convict?

We had George Dallao’s confession and
Oliver's. We had practically promised to
save Oliver's neck in exchange for his
testimony against his accomplices. Would
he stick or would he, like Red Kavanaugh,
back out at the last minute and thus tie
our hands in prosecuting the case?

| decided to try and obtain another
confession from “Red” Kavanaugh; this
time I hoped it would be a complete one
and coincide with Oliver's.

Accompanied by my aids I visited Kav-
anaugh in the penitentiary. 1 told him
what I wanted, adding that Oliver had
been arrested and had made a complete
confession. Kavanaugh just glared at me.
I could see that tough as he always had
been, he had become more hardened in
that prison environment. He didn’t be-
lieve what I said and openly sneered at
our attempts to get him to talk.
Finally, I took Oliver’s written confes-
sion from jy pocket and spread it out
before him. He studied the document and

“It was one of the bloodiest crimes
in the history of Louisiana,” said As-
sistant *District Attorney Conrad
Meyer, junior (above), who ably pros-
ecuted the desperadoes responsible
for the New Year’s Eve horror

occasionally asked assistance from us in
getting through certain sentences that did
‘not seem quite clear to him.

He seemed to study. the signature very
carefully as if he expected some trick,
though the details given must have con-
vinced him that the document was gen-
uine. At last he looked up at me and
said:

“T guess you’ve got it right this time,
Chief, but before I do any talking |
want to see my mother. If you'll bring her
here, I’ll tell everything to you coppers
in front of her.”

As soon as I could | arranged for Mrs.
Kavanaugh and a few other relatives of
“Red” to visit the penal institution. We
escorted them to the Warden’s office and
sent a trusty to bring the red-headed
bandit.

The meeting of mother and son was
affecting, and [ could not help but feel
sorry. The undersized stature of “Red”
Kavanaugh gave him the appearance of
a child, in spite of his hard looks.

The mother smiled happily and the lines
in “Red’s” face softened as he kissed her.
I permitted them to talk together for
some little time. Then I said:

“Kavanaugh, do you want to talk to
me now?”

‘ll talk,” was all he said as we waited.
Then he told us the complete story of
the robbery. With his mother’s hand in

October

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time. \W
borated

last deta

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October, 1937

his, he fervently pleaded with us to be-
lieve that he was telling us the truth this
time. We did believe him for it corro-
borated Oliver's confession down to the
last detail.

T the request of District Attorney
Byrne, the Orleans Parish Grand Jury
was called to review the new evidence.
It quickly returned an indictment for
murder of Pierre. Rizan against Joseph
Ugarte, Owen Cauche and Anthony
Dallao. Oliver had already made arrange-
ments to plead guilty and accept a life
sentence in exchange for his testimony.

A few weeks later, on July 28th, the
trial of Ugarte, Cauche and Anthony
Dallao opened. We had succeeded in ob-
taining the temporary release of Kava-
naugh from the penitentiary where he
was serving a life sentence, so that he
could be brought to New Orleans and
used as a witness. We felt that his tes-
timony, corroborating as it did the con-
fession of Oliver, would make the con-
viction of the three men on trial sure.

Under heavy guard Kavanaugh had
been transferred to New Orleans on July
llth and placed in a cell at the 7th Pre-
cinct Station. ;

While making the rounds of the tier-
block one day, the turnkey peered mto
the cell occupied by Kavanaugh and saw
a gruesome spectacle. The body of the
red-haired bandit was dangling from ap
improvised noose. Opening the door, he
rushed in and cut the body down, but it
was too late. A doctor was called and
stated that Kavanaugh had been dead for
some time. The suicide of the under-
sized terrorist occurred a few days be-
fore the trial of the trio opened, and it
hit us a hard blow.

Would we be able to obtain a convic-
tion on the testimony of Oliver alone?
We were not optimistic from past exper-
ience with these tricky thugs.

But we had more to go on now than
we ever had before. We had the guns, the
slickers and hoods uncovered at the Dal-
lao house. We had the testimony of the
ballistics experts that it was slugs from
the sawed-off shotgun that had_ killed
Rizan. Charles Dietrich and the teller,
Brownson, made excellent witnesses for
the State, the former impressing the jury
deeply by his restrained recital of the
death of Rizan, and of his son, Gilbert.

1 don’t know what impressed the jury
the most, but to our deep satisfaction,
it brought in a verdict of guilty of mur-
der in the first degree against the three
thugs.

Counsel for the convicted men appealed
to the Supreme Court and the case
dragged. On April 27th, 1937, this court
affirmed the death sentence of the three
men. The decision of the tribunal was
unanimous. Chief Justice Charles
O'Neill, although concurring in the forty-

age decree, written by Associate Justice

Vynne G. Rogers, was of the opinion that
Tony Dallao should have been indicted
only as an accessory before the fact.

The Supreme ‘Court absolved Judge
William J. O'Hara, the trial judge, of any
blame in permitting the jury to stop at
the home of its foreman for highballs and
other refreshments during its recess on
the Sunday afternoon before the case had
been submitted to it for deliberation. The
defense attorneys had emphasized this
point in_ their argument before the Su-
preme Court.

As for the New Orleans Police Depart-
ment we could not help but be gratified.
The hold-up and double murder at the
Whitney National Bank was, one of the
worst and most brutal atrocities we had
been called upon to solve. It took four
vears and more to clean up the case, but
it was cleanec up.

Maste

3 if

r Detective

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In Louisiana’ S
| Electric Chair

Been Associated Press :
S: ngola, La.

‘¢onfessed that he beat, raped and
‘strangled an elderly woman, was

electric chair. .

Celestine, 30, ‘was pronounced
‘dead at 10:27 p:m. PST at Louisiana
4 , State Penitentiary.
,, He had been ‘condemned for
‘the murder ‘of Marceliane Richard,

2 “1, of Yatavele Parish on Sept. 13,
21981. -

rag 2S - Celestine was ARG: 12th person

| gn. the United States : ‘since the Su-
. spreme' Court lifted its ban. on capital

\ peat in 1976. fis ZO.

Killer Put to Death

Willie Lawrence Celestine, who |

executed. last night in Louisiana’s

:Pxecuted in. Louisiana and the 84th |

e-chine seer

Ee San 3 Francisco Ghroricte —

| Monday, RiWdb.a985-

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ANGOLA, La. (AP) — A man’

who beat, raped and strangled an’
| 81-year-old woman ‘apologized to
| his victim’s family and told two.
Supporters he loved them as he.

went to the electric chair Monday. :
Willie Celestine, 30, became the
84th person executed nationwide in
the past decade and the fifth put to
death in Louisiana since early
June. Two more executions are

scheduled here this month. — |
‘Death: penalty opponents and -

supporters had thought that all ex-
ecutions in the state might be put
on. hold by the’ U.S. Supreme
Court’s decision last month to look.
death penalty law... .., . are
- However, the court. declined
Sunday to hear Celestine’s case,
and the first jolt of electricity was
administered to him at 12:20 a.m.,
as Robert and John Broussard, two
grandsons of Marceliane Richard,
looked on. ° | : ee,
“T’d just like to tell the Richard
family that I’m very, very sorry. I
hope in their hearts they can for-
give,’’ Celestine said before the ex-
ecution..

-at another challenge to Louisiana’s

chair, he mouthed the words “‘I

love you’’ to his lawyer, Millard |

Farmer of -Atlanta,and to Sister

Helen Prejean, an activist against
the death penalty who serves as

spiritual advisor ‘to many of the

men on Louisiana’s ‘death row...

“God forgive us,’’ she whis-

pered as the execution was carried ~

hands on his shoulders.

— ye te 2 wl ghar
. a ee —

‘Vallejo Times-Herald

_ Sion on Human Rights, part. of ‘the:
Organization of “American. States, : .
sent telegrams to Edwards and.to”

Prisoner executed
aiter apologizing ~~

about 10 minutes because Farmer. a
was not a Louisiana resident’and:

officials had to call:Gov. Edwin’

Edwards after midnight’ for per!

mission to let him be a witness. .::
When Farmer was let into thé:
witness room, he said Celestine:

had been denied adequate repre-:

sentation at his trial. “‘Even at'the:

moment they wanted to kill him

they didn’t want him to have repre- 2

sentation,” he said. dice

Edwards, who has consistently:

refused to intervene in death pee

alty cases, rejected an 11th-hour: _
plea for a reprieve to allow Celes:: —
tine a hearing before the state Par-*
don Boards) ca ee ae
The Inter-American Commis:*.

“4

U.S. Secretary of State George
Shultz seeking to halt Celestine’s
execution, saying it wanted to look
into claims that it would violate hu-
man rights treaties. © =.
The human rights claim ‘is

based on studies indicating
are more likely to get the death

As he was strapped into the Penalty, particularly if they kill

tes. The Supreme Court earlier

this year rejected appeals: based :

on that argument. ss =
In a four-minute taped confes-

sion, played during his 1982 trial, -

Celestine said he was. drunk. atid’

“full of speed” when he raped Mrs...
Richard, broke her neck and seven: ‘-

of her ribs and strangled her. :~

“His death date had been post" |
Ss Snoulder; . * poned five times in the last three — |;
The execution was delayed — PS eae

years.

| ; G Leesday, Jul

“
m3
¥

iblacks™

Killer is denied stay

\ ANGOLA, La. — The U.S. Supreme
| \ Court yesterday refused to stay the

execution of Willie Celestine, sched-
S uled to die in Louisiana’s electric
chair at 12:01 a.m. today for the rape
and strangulation of an elderly
woman. .
9’ The court voted 6-2 against a stay
\ for Celestine, 30, who ordered a
Y) ) Cajun dinner for his last meal as he
‘awaited word on his appeal.
Justices William Brennan and
Thurgood Marshall, who habitually
vote against the death penalty, voted
to grant the stay. —

United Press International

-) Monday, July 20, 1987

Ghe San Diego Wnion A-3

Hi Louisiana execution: Willie
Celestine, convicted of the rape and
murder of an 81-year-old woman,
was executed at the Louisiana State
Penitentiary early Monday. Before
his death in the electric chair, Celes-
tine apologized to his victim's family
told his relatives he loved them and
said, “I sure am sorry for what I
done.”

— Compiled from staff and wire reports

“4

%*& Monday, July 20, 1987 A-§

San Francisco Examiner

‘ e

The Honolulu Advertiser
! 7 Monday, July 20, 1987
Louisiana execution

5th in state this year

ANGOLA, La. — Willie Celes-
tine, condemned to die for the bru-
tal 1981 rape and strangulation of
an 81-year-old woman, was electro-
cuted early yesterday at’ the Louisi-
ana State Penitentiary.

Celestine, 30, of Lafayette, avert-°
ed five previous execution dates.

ae 4 fc Ue hh A ‘

Records of the Superior Couneil Of Louisiana 213

scratched ‘hify between his cheek and his left side. He was told
a that the wound is still fresh, and he Said that it j

Ss always so.
They found another wound resembling the point of a knife or
id a tooth on the same finger. He answered that it was due to a
Splinter, and that the scar on his lower back came from his
Master’s whip; which may be true, as the seab is not old. His
Wounds appear fresh and like those of a man who defended
i himself. He again denied that he owned the Knife. Asked if
i his Master had any other negroes named Charlot, he replied
‘ that there was another but he is long since dead. He said that
He he had answered the truth, and declared that he could not write
iY, hor sign.
arf Signed: Lafreniere: Henry Greff.
“e Order to communicate to the Procureur General. Signed:
fe. Lafreniere.
ae Document stained.

January 5, 1748. Decree of Bodily Ap-
prehension apains! (harlot, Jean Baptiste,
Cupidon and lraneois, and imprisonment,

1 No. 1122. 23/, pp.

Sake four eek arrest against and that they be re-examined and con-
fronted and that Charlot’s wounds and
‘ Scratches be examined before the Commis-

‘ sioner in this case by the Surgeon Major,
iy proces verbal to be drawn up, the whole to be reported, to be
-) ordered thereon what is just.

% Signed: Vaudreuil ; Lenormant: De Benac; Lafreniere;
Prevost: Henry Greff,

{ January 5, 1748, Interrogation of Fran-
ree’ No. 1120. 4 pp. cois, On request of M. Le Bretton, acting as
e} : Procureur General, by Councillor Lafre-
PPB: slave Beanie! the niere in the Criminal Chamber, where he

was brought by the jailer. Interrogated,
it he said that he belonged to M. Raguet,
7 a that he was named Francois, of the Nago
pe nition, aged about forty-five years, and he took the oath to
ee speak the truth. He does not know why he is in prison; soldiers
it - ¢ame for him and took him to prison with other slaves.
/) rogated if he knew a little Frenchman who was hunting on his
* Master’s plantation, he answered that he saw him, that some
one knifed him, and that he helped other slaves and the son of
Mrs. Baschemin to carry him to the ITospital. THe does not know
t4)) Who assassinated the Frenchman. Ie wags ‘old that he did not
“= &8peak the truth, for he had said that Charlot was a rascal and
‘© that he had committed the murder. He «nswered that they had
§ seen his shirt and coat full of blood and he had judged thereon,
4” He recognized the knife as owned by Charlot. He said that he
7). had not dined with Charlot, that he came to the cabin the first

Inter- i

( » one and did not pay attention to what the others did. He did

é i ieee | ea at ‘cil ‘he ie tee ie

[A XIK 7

Slave CHARLOT ("Kakaracou",
Lae, January, 1718,

broken on wheel and stranged for murder, New Orle§ns,

The Louisiana Historical Quarterly

S12
Commissioner on this case. Mr. Raguet recused himself as act- s
ing Procureur General, as his slaves are suspected, and Mr. Le 5 }
Bretton has been named to act as Procureur General in his place. 7
Signed: Lenormant; Lafreniere; De Benac; Le Bretton; a
Henry Greff. 3}
January 5, 1748. Interrogation of Char- M
No. 1121. 10 pp. lot, called “Karacou”. On request of M. i Ms
se te Le Bretton, following decree of Superior hj
chat celled Council of date of yesterday, against dif- th
“Karacou.” ferent slaves owned by M. Raguet, impris- j age
oned in the jail of this City, suspected of ne
assassinating Pierre Olivy, a soldier of the aS
Garrison, Nicolas Chauvin de la Freniere
having gone with the Greffier to the Crim-
inal Chamber, had brought before him by the Jailer of the La
Prisons the slave Charlot, called Kacaracou, for the purpose ) ee
interrogating him. Being questioned, he said that he was called
Charlot, that his parents are named Kacaracou, that he is not No
baptized, that he is a slave of Mr. Raguet’s and squares lumber, ak
and is from the Coneda nation, aged about twenty-five years. § ces
He does not know why he is in prison, that his Master made 4} fous
him come to the City last evening to split wood, that he slept
here, and this morning soldiers came for him in his cabin. In-
terrogated if he knew Pierre Olivy, ealled Bonnevie, he said ;
that he does not know him, but that he may have seen him pr
without knowing who he was. He had seen him in his Master’s -
desert with two young Creoles belonging to Mr. Dubreuil, a Pr
small Frenchman, who was hunting starlings, but he does not "
know him. He only saw the two young negro boys with him.
He said that he had dined with Pluton, one of his Master’s No.
slaves, and that he smoked potatoes with him, that he did not
speak to the Frenchman, and left him in the “desert”? when he —
came back at noon with the two young negroes. He was told
that he did not speak the truth, since he came to dinner after
the other slaves. He answered that it was the truth. Asked
if he had seen a snare (trappe) for starlings, he replied that nati
“go one had seen him go towards the wood, and that he went spen
to the river bank. Ie was then shown a Knife which is pierced cant
in the end of the handle, and he said that he did not know the roe.
said knife, that it belongs to none of his comrades, and that he } Mas
had never seen it. He was then asked if he knew this bloody one
shirt. He said that it was his, that the blood was that of a sheep Mrs.
that his master had killed by another negro, and that he -arried who
it to the City; he wore it with the front in the back to shield hinm- spen
self from the wind, and that in prison they tore it while taking it that
off. It was not very cold when he carried the sheep, and he seen
left his coat at the plantation. The blood on if comes from 2 He x.
wild cat he killed there, about two weeks ago: he killed the had
wild cat with a hatchet. The dogs had caught it, and the cat one ;

PEE CEES ORR COTE PRK geet)” 2 RRNA on silileimeaainiiRCES ks iaieiieetiseis. ceomuiisdmaseistiudhnn undo

214 The Louisiana Historical Quarterly

not see Charlot go for wood towards the river between eleven
and noon. He said that he had spoken the truth and that he the

could not write nor sign. kn
Signed: Lafreniere; Henry Greff. i mi!
Order to communicate to the Procureur General. Signed: he
Lafreniere. the
litt
January 5, 1748. Report on Charlot’s it v
No. 1123. Wounds by Surgeon Gueydan. Charlot kn
was brought to the Criminal Chamber, and
See Cheelat's on examination he was found to have been
wounded. in the left thumb above the sec- Lai
ond joint, a bite as large as a bean and a
bruise of the same size on the external side |
of the large finger of the right hand, a small excoriation from No.
the cheek to the left lip, and another excoriation from the pec-
toral muscle to centre of sternum. This report was made and ion
signed by Surgeon Gueydan, Lafreniere, Le Bretton, and Henry of M
Greff.
January 5, 1748. Criminal Prosecution 1
No. 1124. against the slave Charlot by the Procureur ; a ne
9 General, plaintiff and accuser, against JOS:
in nn Charlot called Kacaracou, Jean Baptiste, thai
slaves. Cupidon and Francois, defenders and ac- Mas
cused, said slaves owned by M. Raguet. E wit!
Considering proces verbal of the third in- ‘ nam
stant, drawn up before M. Le Normant, i mot
Commissioner General of the Marine and First Judge of the { the
Council; the decree of Council on 4th instant, which appointed he |
said petitioner (Le Bretton), acting as Procureur General; the negi
inquiry made on the 4th instant; the interrogation of Jean Bap- “Ka
tiste called Cupidon, that of Charlot called Kacaracou, for in- 4 hoo:
terrogation on facts resulting from charges and others on which last
they will be heard; that witnesses testifying in said interroga- tion
tion be re-examined and confronted with said Charlot, the ac- of ti
cused, as well as Jean Baptiste and Francois, who will be the
likewise confronted with said accused. Signed: Le Bretton. that
Interrogation of several slaves suspected ae is
No. 1135. 7 pp. of assassination of Pierre Olivy. Brought hin
oe by the jailer before M. Lafreniere to the { ideni
Fxamination of Te sn. “Criminal Chamber of the prisons,” Jean his «
Baptiste called Cupidon, a field hand the
owned by M. Raguet, aged 25 or 26 years, the ;
of the Senegal nation, baptized. He never and :
saw the Frenchman before he was wounded and brought to the exian
Hospital. He was in his cabin, but heard shots in the Desert of ania’
MM. Darby and Dubreuil. He was with two small negroes of ' ‘eiasinl
Mr. Dubreuil. He was the one who cried to the Frenchman | rats j

fA ab co" allan

ERE ciple aia nasidy

Records of the superior Council of Louisiana 21

not to shoot at the starlings and to get away from there, and -
the Frenchman left without saying a word. He identified a
knife as belonging to Charlot. When asked if Charlot has com-
mitted the murder, he said he had no knowledge but of what
he had seen; that the bloody clothes were Charlot’s; he wore
the coat day before yesterday, and he saw that Charlot was a
little raseal. His interrogation being read to him, he said that
it was the truth, persisted therein, and declared that he did not
know how to write.

Signed: Lafreniere ; Henry Greff,

Order to communicate

to the Procureur General. Signed:
Lafreniere,
: January 6, 1748. On request of M. Le
No. 1125. 7 pp. Dretton, acting as Procureur General, in
the place of M. Raguet, owner of several
nterrogati f MAD SENTS A a aa
Riteh a citer negroes, “Nicolas Ch

auvin de la Freniere”’,
Commissioner on this case, accompanied
by the G reffier, went to the prisons of this
City, and had brought to him by the jailor,
“in the Criminal] Chamber of the Prisons,”’
«negro named Joseph for interrogation. He said he was named
Joseph, aged eighteen years, a Creole of the country. He said
that last Wednesday he had seen a Frenchman hunting on his
Master’s plantation, who was shooting Starlings, and who had
With him two small negroes of Mr. Dubreuil, one of whom,
named Fléchy, went hunting or fishing every day, to feed his
mother. He did not g0 to work with the other slaves, that being
the gardener he went to plant ubbage in the garden, where
he usually works with another negro who is ill. Among the
negroes at work on said plantation there ig one called Charlot
“Kaka ‘acou”’, who went to work with the others in the after-
hoon. He said that Charlot has worked on this plantation since
last summer, that his mother lived there, but she is at this planta-
lion since three weeks, and that his father ig at the plantation
of the Mill and works on the canal; that Charlot did not go to
the plantation of the Mill to carry a shecp to his Master, and
that he has no knowledge of Charlot being attacked by a wild
eat fifteen days ago at the Mill. Last Wednesday Charlot had
on his coat, which was a soldier’s coat, that he was far from
him and did not notice if he had anything on_ hig coat. He
identified the knife shown him as belonging to Charlot, and
his shirt and coat on which there were blood stains, Tle saw
the soldier who was wounded in the face, on his body and on
the stomach, Ile helped to carry him with Francois, Cupidon
and a negro of Madam Baschemin to the Hospital, and saw him
examined: he said that he had eight wounds, Interrogated, he
said that he did not know Charlot had traps for starlings in the
Woods, but he knows that he had traps for wild cats and wood
rats in the back woods. Ile said that Charlot has three sisters

of M. Raguet.

iouse. and

‘ked how
d did not
' boat be-
was only

he found
ny money
ad money
se-he sold
y. Asked
boat. He
iot drink.
iquor but
\sked why
"came up
nd Pierre
‘e weights
irrived at
’ river he
|. Guiaca
rom Mrs.

er return
iks that it
.sked why
m was
in city
, Clement,
ly addicted
avoid the
se he was

Asked if
d if so at
y night he
’ to Janne-
| to Pierre
had killed
‘e going to
and from
1” when he
his: master

's that she
offen been
r, had told
killed with
thts threat,

Index to Spanish Judicial Records of Louisiana 685

Clement killed Pierre. Asked where was Clement the Monday
before? She said that having gone to Mr. Bellile’s to get some
plates, she had seen him come back some little time after, at the
field gate, where a party of laborers had gone to work. He took
his gun from Mr. Cabaret’s Marguerite, who worked with them
and had brought it because Clement had told her to do so and
that after he had cut his cord of wood, he was going hunting to
kill squirrels. After mid-day when she went back to work, she
heard that Clement had fled. All the negroes knew when they
came back to work that Marguerite had brought Clement his
gun and were sure that he meant to kill with it.

In the evening when she heard that Pierre was missing and
that he had been called from the pirogue on his way back from
the city, she thought immediately that it must be Clement who
had called to murder him. Questioned if she had seen Clement
in the evening when he returned and at what hour? She an-
swered that at dusk that same evening she heard Clement as he
passed in front of her cabin, who said: “I go to give myself up.”
He repassed a moment after saying: “I will give myself up, I
do not fear anything.” Asked how she knew that Clement had
money on him? She said because Jean Baptiste told her so, and
when she heard this she remarked: “This is surely Pierre’s
money.”

Mr. Cabaret’s Jean Baptiste under examination gives the
following testimony. How did he know that Clement had the
money when he came back? He answered that on Monday eve-
ning Clement came to his cabin and told him: “Go look in my
sheaf of rice (gerbiez de rie) I have hidden money there, I will
give you twenty five sols.” He looked everywhere in the sheaf
but did not find anything. He returned to the kitchen where
Clement told him he would be, and reported to him that he did
not find anything. From there he returned to his cabin. During
the night he heard some one at the stack of rice which nearly
touched his cabin, he got up to see who it was and found Lisette,
Clement’s wife, who belongs to Mr. Trepagnier near the stack.
He asked her what was she doing there and she answered that
she had come to get some rice and that she had said she would
return to her master’s house.

Asked to whom did he think the money belonged that
Clement had tied up in his sheaf. He answered that it belonged
to Pierre, because Clement had been a fugitive in the morning
and when he came back at night he had the money. Questioned
why he had thought the money was Pierre’s when he had been
sent to look for it. He said because Clement told him it was in
a tiny little bag and he had seen such a one in Pierre’s hands.
Asked if he would recognize the bag if it was shown to him. He
said yes he would know it. Asked if he had ever seen the little
bag that was now shown to him, he said no.

ws :
~s a

ts oe

eo Ble

Ne
re
a:
*

;
‘a3

684 The Louisiana Historical Quarterly

that he had not seen him. He went to his Madame’s house and
has not seen anyone since.

Guiaca is recalled for further examination. Asked how
was it that he was in the same pirogue with Pierre and did not
know who called. He said he remained quietly in the boat be-
cause he thought it was Mr. Bellile who called and it was only
when he got out and carried the oil into the house that he found
out that he was not there. Questioned if,Pierre_had any money
with him when he left the pirogue. He said yes he had money
in the pocket of his trousers, he was sure of this because he sold
some pigs in the city and had not spent all the money. Asked
if they had any rum or anything else to drink in the boat. He
said no and that it is well known that Pierre did not drink.
There was.a bottle in the pirogue, it did not hold liquor but
grease. It is now in his father’s cabin by the fire. Asked why
was a cannon ball found in the boat, he said when they came up
from the city they saw it on the banks of the river and Pierre
told him to take it along as it would serve him to make weights
for the pigs. Mr. Bellile then remarked, when he arrived at
his house and found that he had gone further up the river he
must have known that it was not he who had called. Guiaca
answered, he then thought it might be some one from Mrs.
Macarty’s who called Pierre to speak to him.

Questioned now that he sees that Pierre will never return
what does he think happened to him. He said he thinks that it
was his brother, Clement, who assassinated him. Asked why
he has formed this judgment, he said knowing that Clement was
a fugitive last Monday, after robbing Mr. Braquette in the city
and knowing that Pierre would not spare his brother, Clement,
when he committed such faults to which he was strongly addicted
he is convinced that it is Clement who killed him to avoid the
punishment his brother would surely give him because he was
his master’s overseer.

Mr. Bore’s Batholome is the next to be heard. Asked if
he had met Clement the day Pierre disappeared and if so at
what hour? He said no, this is not true, but Monday night he
had been to Mr. Cabaret’s and leaving there had gone to Janne-
ton’s and chatting with her upon what had happened to Pierre
she said that she was sure that it was Clement who had killed
him because he had hidden his gun in the field before going to
Mr. Bellile’s where he was arrested as a run away and from
which place he escaped. On that same Monday evening when he
returned he had money in his pocket. After that his master
arrested him.

Mr. Cabaret’s Janeton upon examination declares that she
is convinced that Clement killed Pierre as he had often been
taken for stealing and that his brother, the overseer, had told
him that the first time he stole again he would be killed with
the beating he would receive. She thinks because of this threat,

Clem
befo
plate
field
his ¢
and

that

kill ;
hear:
came
gun :

that
the ¢
had «
in th
swer:
passt
He r
do n:
mone
when
mon

follo.
mone
ning
sheai
give
but
Cleni
not fi
the 1
touch
Clem:
He a
she h
retur!

Clem:
to Pi
and w
why |}
sent |
a tin)
Asked
said \
bag 1!

686 The Louisiana Historical Quarterly

Mr. Trepagnier’s Lisette is questioned. She was asked what
she had gone to do last Monday night at Clement’s stack of rice.
She said that on that night she had come with Mr. Cabaret’s
Marton to see his Marie and that when they were near the kit-
chen, Marton had said: “Go in thou wilt find Clement lying
down on the bed.” Questioned if there was anyone there? She
said: ‘Yes, Mr. Cabaret’s Leveille.” .

Asked if she got in the bed where Clement was lying down?
She said yes and that he had said to her very low: “Go to my
stack of rice where you will find something to the front on this
side.” She replied: “If this something is like the stolen goods
that thou hast brought to my house and that Mr. Bellile found,
I do not wish any.” He answered: ‘No it is not anything like
that.” Then she asked him immediately: ‘‘Where is Pierre?”
Everybody thinks you have killed him, take care that this may
not be true. He answered that he had not seen Pierre. She
implored him for the love of God to tell her if he had killed
Pierre. He assured her that he had not.

He promised her that he would return the next evening,
but he did not do so. However he came two nights later and
told her that Mr. Cabaret had gone to Mr. Kernion’s to find
his gun, but this is useless as he will not tell where his gun is.
She said to him: “Thy gun is very dear to thee, for all that thou
wilt give it up. Tell me where thou hast put it.” He answered
it was useless to questoin, he would not tell. Asked what she
meant by saying: ‘‘Thy gun is very dear to thee, for all that
thou wilt give it up.”’ She said that all the negroes thought it
was Clement who had killed Pierre.

Questioned why she thought Clement had killed Pierre?
She said that every time Clement stole, Pierre corrected him
and as he had stolen again he killed his brother so as to avoid
his corrections. Asked what she thought Clement had hidden in
his rice stack when she went to look and did she think that it
was anything that was stolen? She said no she did not think
so because he said that it was for Clarise, their daughter.

Questioned if Clement had said that what she was to look
for was in a handkerchief, or anything else? She said no. When
she went to look, Mrs. Trepagnier’s Pierot was with her and
that they did not find anything, she rejoined Pierot she said
to him, “I have been to look for a handkerchief that Clement
had tied up there.” This she said so that he would not go back
to search after she had left. Asked if she went back to look
again? She said no but that she thought there was something
hidden and that the thing would be discovered when they went
to look for it in the stack. Asked if she knew Clement’s purse?
She said yes he had one made of coarse cotton. Asked if she
knew Pierre’s purse? She said no.

An examination is now made of the rice stack by Messrs
Cabaret, Meullion Hazeur (Delorme) and Trepagnier. ‘They

went
he hi:
cotto
had s
des a
pape
sealer
The ;
in Cl
prese

Aske:
come
Satur
some
and 1

“Whe

little
that

foun
of ea

supp:

Clem
when
wait
Mr.
now.
any
beco!
Clem
alwa\

awa\
he h:
Aske
recos
know
foun:
it w:

Clem
of t!
quest

ed what
of rice.
abaret’s
the kit-
it lying
re? She

¢ down?
-o to my
on this
n goods
e found,
ing like
Pierre?”
his may
re. She
id killed

evening,
ater and
; to find
; gun is.
hat. thou
uns ed
wh. —he

all that
jought it
Pierre?
ected him
to avoid
hidden in
ik that it
not think
er
is to look
10. When
. her and
she said
. Ciement
it go back
kk to look
something
they went
(’g purse?
xed if she

by Messrs
ier. 'Thev

‘ >

Index to Spanish Judicial Records o f Louisiana 687

went and turned out Clement’s sheaf of rice to find out what
he had hidden therein. They brought back a purse made of
cotton yarn with cords also of cotton. The purse and strings
had some blood stains on them, and contained five piastres gour-
des and four piastres in money which Mr. Bellile placed: in a
paper and enclosed in a linen bag. These same 9 piastresS he
sealed up with his own signet at the end of the interrogation.
The gentlemen named above declared that they found the purse
in Clement’s sheaf of rice when it was turned out in their
presence by Jean Baptiste and Lisette.

Mr. CGabaret’s Marie, Pierre’s wife is the next witness.

Asked how long her husband had been away and what had be-
come of him? She said he had been away eight days, since
Saturday, October 25th, when he had gone to the city to sell
some pigs in a pirogue with Guiaca belonging to her master
and that when the latter returned alone on Monday she asked
“Where is Pierre?” He answered that he thought Mr. Bellile
had called him when they arrived at his landing and when he
did not return he got back into the pirogue and went up to
Mr. Meullion’s house alone. He told her that it was surely Clem-
ent, who had run away, who had called Pierre, because Mr.
Bellile is up above on the river. At that moment Mr. Cabaret’s
little colored girl, Marie Jeanne came to call her and told her
that Clement asked her to go to the field, she went there and
found him leaning against his cabin, he asked her for a piece
of calico. She gave him what he had asked, then prepared her
supper.
She went out for a moment before going to bed and found
Clement at her door. He asked if Pierre had come back and
when she said no he said he had slept badly and that he would
wait until he came back, then he went to bed and in the morning
Mr. Cabaret arrested him and put him in irons where he is
now. Asked if Pierre had any dispute before with Guiaca, or
any of the others, she said no. Questioned, “What could have
become of Pierre?” She answered that she thought it was
Clement who had killed him because they never agreed. Clement
always stole and Pierre whipped him for it.

Questioned if she knew if Clement had a gun when he ran
away? She said she was sure he had his gun with him because
he had come to look for Marguerite who had brought the gun.
Asked if Pierre had a purse to put his money in and if she would
recognize it if it was shown to her. She said yes she would
know it, that it was of knitted cotton. When the purse that was
found in Clement’s sheaf of rice was shown to her she said yes
it was Pierre’s, then she began to cry.

Jean Baptiste is recalled to identify the purse found in
Clement’s sheaf of rice, this he does to the entire satisfaction
of those examining him. Mr. Monplaisir’s mulatto, Luis is
questioned next, he has been guarding Clement since his ar-

PehedrdevabedepesenenesageStioes %

vache, Oven, UALLAO, anthony, and UGA}, Jasoph, whites, hanved at Wey |
2 A wat
January 15, 1928,

"District AvLorney Charles 4, 3; yrne said fhesday that no date Was been fis

of Joseph Urarte, Oe beyear ‘Se0ld, arrested Ween as he left the st

after serving a sentence in another crime, for his alleged pay “tici
i

‘ % hs
\ Peni

Pp ation.in
e men and the ‘pundins of a 3rd during the holdup of the ‘Third District branch
ey Navional Bank,Piety and vauphine Streets, on New Years! BVG, 1931, Ther
évidence in che casey Dist. Avuty, Byrne asserted, out Usarte is bel hid held with

pendin an investigation. He Was paroled from the penitentiary after serving a
nave sentence of 32 months to |, years for having a stolen automobile in his po

Perite tiary authoritics notif fied De A. “yrne several monihs azo that Urarte wa
for a parolee “e informed them, he said fuesday, that Yearte is a danzterous ec
sent a Iliac td for the convict, Ugarte and Owen Cauche wereindictedjointly wih

Risan, a bank fuard, an the wounding of Albert U brovnson, a bank teller, during

"Red! Cavanaugh for the enAng of Gilbert Joseph Neitrich, a bank customer. an

out: bad]

' /
Nn inreterrn
it wt H

asgegey OMe

when sentenced on January ll, 1933, hé was out on a $3,000 bond in the bank murd

a Lit:

ae hae Ye ua and

Lh dames
1 Picrre N.

brane}

eank holdup, hauds CePaguy ehol.her Suspect, was shot and killed by Capt, of Dets, Frank
Lannes when he is said to have tried to scape from a police car, Cavanaurhkwas conviete
of murder witout Cy lteal punishment and 2 life Senbence was imposed by Judie, J. Arthur
Charbsiinet in the criminal district court, Ina confession Cavanauszh imlicated Usarte

and Cauchee Uparte and Cauche were never brought to trial and late» Ucarte was released
under a %3000 Lond and Cauche under a #5000 bond, “hile free on bond, Urarte was arrest
and charged with Stealing and havine in his possession a stolen ocr haber A Fw nvic

him of having the stolon property in his possession, and he was sentinced to 3?
years in the penitentiary," PLES-PICA YUL INTE, New eke aE wad Ll» 16-193 (13/1

4 vw!

iach cdiona

long search for the maritime murderers.

voca as either the slayer or the man

hou

This came early in July of 1928 who had driven the getaway car, the asks
when two plainclothesmen, George — three were taken back to their respec- es
Dillman and Joseph Vitari, engaged tive homes and Chicf Grosch realized :
: a half-intoxicated seaman in a gen- he had nothing definite on which to
BOOKS ON APPROVAL eral conversation during one of their hold the suspect. . ‘ 33
cruises of waterfront dives. The man, Savoca was unable to account for It wi
who casually mentioned that his name the fact that on the three occasions later
SEND NO MONEY. Just mail the | WAS Frank Savoca and that he’d been when his ships were*headed back to tn th
Thick Auto Hooks “2otn eaiaon, | 2& Sea since the previous October, New Orleans he’d always asked for re
ore aro. hacen wheuner you are | spoke of having “gone through about discharge at other ports in the United si v.
Prentice, auto owner or driver take | eight hundred bucks” since returning States, later shipping out again with- daiwa
EXAMINATION OFFER. ae to ca — a of New Orleans sev- . out revisiting his home port. is
MAKE Q0cD MONEY NOW eral days before. : He was also unable to explain wh Sa
«ig Bedi apneeomenl mel Dillman and Vitari knew that re- he’d had far more mone in his fi temp
CAN YOU FIX 177 {mecca Wants {th know i : : y P abou
eunci/ dedider cose s Set tie te tek, cle ter. | Corn seamen frequently had con- session on his final return home than peo
tell step by step HOW fold an inportant Job, oegive seu | Siderable sums they’d saved as wages, the total due him in wages. And when in}
airs and adjustments, Factual’ now “or later "am men | DUt $800 seemed more than could be asked where he intended to get the that ;
maximum efficiency, whe half, tries to Improve him: | accounted for by nine months work as_ money on which to continue drinking h ‘
provementa ‘in SA: method. Use-the Jey INDEX to | 2N able-bodied seaman. The man’s —the money he said he would acquire Fe :
Engine troublegend Gnd sasllyunderwtogt amwer,te | Mention of his departure the previous _ by “reminding” two men of something a
well covered. pooks prepared by eleven of Amer- | October also aroused their interest. that had occurred four years before— re
“Vorumes’< . Many hundreds of valuable titug- After several rounds of drinks the he flatly refused to explain his words. — h
Qyer2700 pages, 2000 7-5 vearts consulting privileges two plainclothesmen became very In some police stations in this coun- fi = :
diagrams, etd., includ- ES iNese books without | chummy with their new pal. By this try the suspect’s reticence would have Fo ,
Beautiful modernistic, (charge. time young Savoca, an unmarried, 20- been countered by something stronger oe
ing. ; Vocational Publishers Since 1898 | year-old product of the city’s water- than gentle persuasion. Such methods eg
AMERICAN TECHNICAL SOCIETY, Dept. A275 front slums, was showing the effects are not employed by John J. Grosch. arene
P would ike to enamine your a Volume Set of avto nooks, | Of his liquor. The glasses were empty Although the veteran investigator was =
return ‘hem ‘express collect if after 10 dayeuse't prover | @Nd the detectives knew that their thoroughly convinced that if Savoca ant
{ the tale of oily $3.4 monte unt $24.80 has weensaige | COMpanion had no more cash. Dillman had not been directly involved in the that :
i Include consulting service as offered above. reached in his own pocket, came out robbery and murder he at least knew to his
\ Ninety ssssss 3bihs<nvssssiconday empty-handed and turned dispiritedly something about the case, he was pre- +g dd
i Address..... diehPicpeelodbdanees to the seaman: : pared to play a waiting game. Prob- bounc
' Binks attach letter stating age, occupation, seacioretis name Well, too bad we don t know where ably, Grosch theorized, the man had pAich
Mian “ap reference, Men in service, ‘sao Hesse sive nome | t2,8et More dough. Night's young and picked up some. casual gossip while at list ¢
address, ; I'd like to keep going. But my pal sea and was planning to work some ist, C
here and I haven’t got the dough.” kind of extortion scheme on the ac- Josep
ete). a Savoca appeared to hesitate for a tual killers. But proving that was who i
* > si moment. Then, as though deciding something else again, and the detec. questi
H DUR PAIR that the others merited his confidence, tive chief knew the futility of further other
STRONG UNION MABE WORK RSS Bote he spoke in conspiratorial tone: questioning of a man against whom Seama
ren Reine perience sereeeery. Haey “You guys stick around. There’re he had nothing better than a suspicion. Grosc'
Write tmmatigtels Tor REE Batter a coupla birds in this town who’ll be Reluctantly he released Savoca and thin
Hd 210-587 We. Var eet AMET So, only too glad to give me some dough ordered the two plainclothesmen to a
Ohlcage 7, Vl ~when I remind ’em of something keep him under surveillance. Two The
that happened about four years ago. days later the detective chief learned bery 1
If they're still around I won’t have that.the seaman had managed to elude aenen
qj any trouble finding ’em. And I'll the two plainclothesmen who'd set out block:
i lower the boom on ’em for whatever "to keep in him sight, and nearly a getaw
dough they’re holding.” week after that that the police dis- donec
SOWA | ANIMALS. FISH, PETS. Dillman looked questioningly to- covered that Frank Savoca. had man- te
= “Be: FRIPMES Hates pachemeameeine | Ward the speaker, but the man did aged to ship out under an assumed :
. Uhl BUCKS, “GUANO HER bee; | Mot continue. Instead, he turned and -name within six hours of his release. G
sking and FURS. Great Fun. Spare-time UROFITS. | left the place. Half an hour later he been
FREE BOOK ‘' back : - Wit)
was ack, EANWHILE Grosch and Captain
“Too bad, fellows, but those guys M Lannes were again going over the turn h
ge the ae rhe in town. One's list of men who had sailed from pee
gy ° at sea an € other just disappeared. the port of New Orleans during the +2
ANY PHOTO ENLARGED Maybe we can——" previous October. Of the apowie. on omy
Size 8 x10 Inches ag Savoca’s speech was interrupted by mately 200 names on their original & wid ;
on DOUBLE-WEIGRT PAPER ¢ - | the arrival of two uniformed officers list more than 180 had returned to maser
bust form, groupe, landscapes, who informed him that there were their home port, most of them within re
ments of any pare of group Some questions Chief Grosch of the two to three months after the date voCa.
"Orietial returned with your 3 for $1.25 Detective Bureau wanted to ask. Both they’d left. Many of these had been the ci
SEND NO MONEY « | Dillman and Vitari expressed surprise questioned by city detectives and the unem;
nexative or snapshot (any size) andreceive your G at the entrance of the two uniformed whereabouts of all at the time of the dress «
double-welght portrait quality Bansts Pay men, but Savoca assured them he’d be murder had been checked. vagran
Seiegand.we pay pesage, Tere advantage ot tis amazing ofter now. | DaCK soon. The man appeared totally _ Now, going through the 20 remain- his da:
PROFESSIONAL ART STUDIOS unaware that his erstwhile drinking ing names, the detectives learned that Als
| 100 East Ohio Street Dept. 7618-8 Chicago (11), III. companions were responsible for his several had deserted their vessels in pects
| apprehension. ; foreign ports; others had quit on re- water!
| | = Later the seaman was “trying to re- turning to American ports, drawn volunt,
| member” where he'd been at noon on their money and disappeared into the hunt f
that day nine months before when the limbo of stranded, land-bound mar. youth
; States cashier was murdered. He ad- iners. It had been possible to chock strike
. LET mitted that he had sailed within aday or the past lives of several of these others
or two after the shooting, but denied men, however, and to account for their listen,
that he was in downtown New Or- activities at the time of the slaying voca ar
leans at the time it happened. . None, apparently, was suspect. | ~~ acqual
: In the meantime Maggie Maples, Studying the few remaining names. the for
HELP PUBLISH YOUR Townsend and Johnny Glynne Jr., had there was one thing which struck ba s
SONGS & POEMS been rounded up and taken to the De- Chief Grosch as being of interest th ae
et Constable. facies ‘Il hel tective Bureau where they witnessed Among the men still unaccounted fo: Fee's
it opyrig s aga sige elp ex- a routine police lineup. It was no new there were three, all in their lati two st
Lf ploit your song and Roy Sar may experience for any of the three wit- teens or early twenties and all na- the of
in| sag gnee sp appearing in theatres. nesses to the killing of James Acomb, tives of New Orleans who'd been struck
| or anaues ENTERPRISES. | for more than half a dozen’ times dur- brought up in the waterfront neighi- For it
Nee ENTERPRISES, nc, ing recent months they had been borhood from which Frank Savocs to a sn
| - 0. , . N.Y. called in to view suspects. - had come. All had shipped out—or stantly
| 42 But, after failing to recognize Sa- different ships, it was true—within 4¢ start by

CONTINUED FROM PAGE 15

PATIENCE TRAPS THE ROVING SLAYERS

occasions when she had seen him he
had been dressed in faded blue trous-
ers like those worn by many seamen
working out of the port of New Or-
leans, white shirt opened at the throat,
and always without hat or cap.

Detectives learned that for months
Acomb had been going to a nearby
bank for the weekly newspaper pay-
roll at a few minutes before ten
o'clock on Monday mornings. He’d
always carried the same brown leather
satchel, always returned within the
half hour and alighted from the lim-
ousine driven by Townsend.

There was $5,200 in currency and
coin in the satchel on the day he met
death. The currency was mostly in
bank notes of small denomination
and the officers realized there’d be
little chance of tracing it unless the
robbers—amateurs, they believed: at
the time—were local youths who
would make the mistake of putting on
a splurge in some of the scores of
illicit drinking and gambling joints
that flourished in the old French
Quarter of the city during that day.

For weeks Chief Grosch’s men
roamed the Vieux Carre and _ its
waterfront, visiting these establish-
ments. Often they were accompanied
by Townsend. But although from time

to time they overheard conversations‘

in which the holdup was mentioned,

never did they come across a man who

answered the killer’s description.
“Fact that these guys stole an auto-

mobile almost within sight of the
place where they planned to commit
their robbery the next day, would cer-
tainly indicate they are local men,”
the detective chief reasoned. “But if
they are seamen—as seems possible
from the one man’s description—they
may well have shipped out immedi-
ately after they pulled the job.”

“We've already made up a list of «

every man who sailed from this port
during the week following the hold-
up,” Detective Captain Frank Lannes
replied. “But so far as we can learn,
none answers the killer’s description.

_ We’ll keep a watch on them when they

return, however, and may get a break
then. Meanwhile, Townsend has re-
membered something that may be of
interest.” ;

What the chauffeur had remem-
bered was the incident he’d witnessed
one week before the slaying, when
his employer had nodded to a smartly
dressed youth as he’d started for the
payroll on that September morning.
He related the fact that at the time
Acomb had expressed an interest in
the youth; that they’d both tried un-
successfully to recall where they had
seen him before.

“That would have been at about
the same time the pasty-faced little
gunman was standing across the
street, near Maggie Maples’ news-
stand, obviously casing the job,”

Grosch pointed out.
“Yeah, and probably waiting, also,

‘

for the guy on the other side to finger
their future victim by tipping his hat,”
Lannes suggested. “But it still leaves
us just where we were before. For, if
one of ’em took the precaution of
leaving the city, it’s pretty sure the
other would have, too.”

The theory that the slayers had left
town almost immediately after the
murder was further strengthened
when the stolen car used in the holdup
was found abandoned near the water-
front two days later. That the pair
involved in the crime might have been
professionals after all was considered
possible when it became evident that
they had been ¢areful not to leave any
fingerprints or other evidence in the
stolen machine.

URING the following weeks city
p detectives watched for the return

of ships which had sailed early in
October. Crew members were ques-
tioned in an effort to learn whether
any of their companions had been
seen with considerable amounts of
cash, and steamship line officials were
queried as to desertions in foreign
ports.

But although more than a dozen ex-
perienced investigators. spent hun-
dreds of hours in trying to get some
trace of the killers, every one: of the
few leads they obtained ended in a

blind alley. It was nearly nine months -

later before Grosch and his men ran
onto anything to help them in their

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inking
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words.
coun-
d have
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Grosch.
tor was
Savoca
| in the
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as pre-
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vhile at
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detec-
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Two
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Captain
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Savocsi
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dita

hours after the slaying. And all had
asked for their discharges on arriving
at northern United States ports of
entry.

Although Grosch’s men kept a con-
stant watch for these missing seamen
it was not until more than three years
later that the first of the trio under
suspicion turned up in New Orleans.
In the meantime Savoca had periodi-
cally returned for short stays, but
always refused to be lured into giving
confidences to the “strangers” who
were planted in his hangouts in an at-
tempt to persuade him to reminisce
about that fatal October Monday
morning.

In November of 1931 Grosch learned
that a ship returning from the Orient
had as a member of its crew one John
Francis Foucher, a 26-year-old former
pool hall habitué, who had suddenly
left his wife and infant daughter to
ship out from New Orleans during the
first week of October 1927. Although

Foucher had from time to time sent.

money to his family, he had unex-
plainably remained away from his
home for four long years.

In the meantime Grosch had learned
that Savoca had once again returned
to his home port and was awaiting as-
signment to the crew of another out-
bound ship. Arranging with shipping
officials to have his name temporarily
canceled from the prospective crew
list, Grosch next assigned Lieutenant
Joseph Schewhm, a veteran detective
who in the past had had occaSion to
question Foucher in connection with
other unsolved crimes, to meet the
seaman on his return. It was Chief
Grosch’s plan to bring him and Sa-
voca together, and see what, if any-
thing, might happen.

The fact that at the time of the rob-
bery Foucher had been living on An-
nunciation street only a couple of
blocks from the spot where the stolen
getaway car had been found aban-

‘doned—and that he was known to

have been a pal of one of the other
“missing seamen”—lent weight to
Grosch’s suspicion that he might have
been involved in the crime.

- Within 24 hours after Foucher’s re-
turn he found himself in a cell in the
New Orleans Tenth Precinct station
house, ostensibly held on a charge of
suspicion in connection with a bur-
glary which had occurred years
before.

In the same cell was Frank Sa-
voca. Since the latter’s last return to
the city, weeks before, he had been
unemployed, stayed at no regular ad-
dress and technically could be held for
vagranty as he was known to spend
his days in houses of disrepute.

Also in the cell with ‘the two sus-
pects was a third youth from the
waterfront district, a youth who had
volunteered to aid the police in their
hunt for Acomb’s slayers. But this
youth made no immediate attempt to
strike up a conversation with the
others. All he was there for was to
listen, to learn if possible whether Sa-
voea and Foucher had been previously
acquainted, whether they talked about
ph four-year-old robbery and mur-

er.

During the first few hours that the
three spent in the cell neither of the
two suspects so much as looked at
the other, let alone speak. This

struck the police informer as strange.
For it is unusual when men confined
to a small jail cell don’t almost in-
stantly strike up an acquaintanceship,
start by putting discreet questions to

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experiences of conflicts with the law.

But not this time. Though both Sa-
voca and Foucher spoke casually to
Grosch’s man, neither addressed the
other. Finally the informer decided to
learn, if possible, whether their con-
duct was due to the fact that they
were aware of the plot to get them to
talk.

“What's the matter with that guy?”
he asked in a low aside to Foucher,
indicating Frank Savoca. “Seems to
think he’s too good to have’anything

to do with guys like us.”

“Not too good,” Foucher replied in
a voice freighted with contempt. “Too
rotten. He’s a damned dirty rat! A
guy that turned yellow when it came
to the showdown and left his pals to
face a murder rap!”

Foucher. had not even attempted to
modulate his voice. Chief Grosch’s
man noticed the flash of anger that
lit Savoca’s dark eyes as he overheard
the words. He saw also the warning
expression that came into the sea-
man’s weather-beaten face as he
moved close and addressed Foucher
in an angry snarl:

“Shut-up, you fool!
all to hang?”

After that both Foucher and Sa-
voca closed up like clams. It was ap-
parent that the latter had suspected a
trap from the beginning, and regard-
less of his quarrel with Foucher he:
was taking no chances on getting into
a controversy before a third person.

When Grosch received his report of
what had taken place in the cell he
once more gathered up the three wit-
nesses to the shooting. But again nei-
ther man, woman nor boy who had
witnessed the events of that morning
could identify one of the suspects as
the gunman or his companion who had
waited in the green Ford coupe.

Under questioning by Grosch_nei-
ther Savoca nor Foucher would ex-
plain the meaning of the latter’s re-
marks in regard to Savoca being a rat.
He did admit, however, that several
months before the slaying of James
Dolpa Acomb he, Foucher, had been
employed by a suburban newsdealer
who had on several occasions sent
him to the cashier in the States’ office
to pay for papers.

Finally pinned down as to his activi-
ties on that day a week before the
slaying, Foucher admitted that he had
gone to the newspaper ‘offices in the
morning to speak with an acquaint-
ance who was employed on the news-
paper as a photographer.

“I don’t recall seeing Mr. Acomb
that morning, but if I did see him it’s
possible I spoke, or tipped my hat,”
the suspect declared. “But I didn’t
even know Savoca at that time and I
wasn’t ‘fingering’ the cashier for him
or anyone else.”

Foucher’s story that he’d merely
stopped to see a friend employed on
the paper was confirmed by 'detec-
tives. That he had been taking his
wife and child to the home of his par-
ents-in-law in a distant part of the
city at the actual time of the slaying
was also determined beyond doubt.

As to the statement by Savoca that
Foucher’s talking might “get them all
hanged,” both men swore that this
referred to a cutting scrape in which
they'd been involved in a foreign
country long since the date of the
Acomb murder.

Although the detective chief was
firmly convinced that he was at last
getting somewhere in-his long investi-

You want us

gation, neither of the suspects could
be induced to give further informa-
tion. Eventually both were released.
And once again officers working on the
case sat down to wait for the break
which they felt must come sooner or
later. For it was apparent that at least
some of those on the inside of the job
had commenced feuding with one
another.

Sooner or later,. Grosch believed,
that feud would erupt into open war-
fare. And when it did he’d be ready
and waiting to close in on the entire
gang. By this time the investigator
was convinced that although only one
man had performed the actual hold-
up, at least three and possibly more
had, been involved in the conspiracy
which led to the crime. ‘

OR FIVE long years following the

release of Foucher: and Savoca

Chief Grosch continued to keep a
watch on the pair’s every move. Dur-
ing most of this period Savoca was at
sea, but Foucher had again settled
down with his wife and family in
New Orleans.

Grosch didn’t make the mistake of
rearresting the suspects for further
questioning. He wanted them to feel
that they had been eliminated as sus-
pects. On the several occasions when
he picked up other seamen who were
thought to be on unusually friendly
terms with the two. suspects, he
always made a point of having his men
make the arrests when they were not
with Foucher or Savoca.

Finally, early in January of 1937,
Grosch received-a report that Foucher
had. become involved in an altercation
with a suspected bookmaker. There
had been hot words leading to blows,
and during the ensuing battle Foucher
was heard to threaten to “have the
cops put a rope around” the other
man’s neck.

There had been no arrest at the
time, but on obtaining this informa-
tion Grosch determined once again to
resort to his strategy of playing one
suspect against the other. The arrest
of Foucher and the alleged bookmaker
was immediately ordered and on the
morning of the fourth the two were
lodged in separate cells in the Orleans
Parish Prison.

Meanwhile Grosch had learned sev-
eral interesting things concerning the
second man, booked as Eugene E.
Ricker, 27, of 604 St. Mary street. The
most interesting of these was that in
October of 1927 Ricker had shipped
out of New Orleans under an alias.
Several months later he had aban-
doned his ship at a western “port of
entry. He was one of the three men
whose activities Grosch had been un-
able to trace when going through his
original list of two hundred names.

When next heard of, Ricker had re-
turned to New Orleans under his own
name and opened a beer joint in the
waterfront district. But he’d managed
to keep out of trouble with the
authorities until his altercation with
Foucher several days before.

Ricker was told that he was being
held for investigation on a charge of
bookmaking. Along with a score of
other prisoners he was put through
the police lineup. Once again Maggie
Maples, Burtell Townsend and Johnny
Glynne Jr. were persuaded to appear
at the parish prison.

Although it had’ been ten years
since they stood in downtown New
Orleans and witnessed the shooting
down of James Acomb, both Mrs.

Killer moves to death row

ANGOLA, La. (AP) — A man
who confessed he beat, raped
and strangled an 81-year-old
woman six years ago was moved
to the death house Sunday to
await his execution after
midnight in the Louisiana electric
chair.

Willie Lawrence Celestine, 30,
was sentenced to die early
Monday for the brutal 198]
murder of Marceliane Richard of
Lafayette Parish.

“He's just as calm as he can
be. Everything's going well,”
Louisiana State Penitentiary
Warden Hilton Butler said
Sunday.

Atlanta attorney Millard
Farmer appealed to the U.S.
Supreme Court in an effort to
delay the execution until an
international human-rights orga-
nization can review Celestine’s
case.

Celestine would be the 12th
person executed in Louisiana
Since it reinstated the death
penalty in 1983.

The 5th U.S. Circuit Court of
Appeals rejected Celestine’s
appeal Saturday, after it was
turned down by a federal court

judge Thursday.

His death date has been post-
poned five times in the last three
years.

In a four-minute recorded
confession, played during his
trial, Celestine said he was drunk
and ‘full of speed” when he
strangled Mrs. Richard and broke
seven of her ribs and a vertebra
in her neck after raping her.

“I really didn’t mean to do
anything. I just caught myself
doing the wrong thing. I was just
high,” Celestine said in the
confession.

Celestine, a high school drop-
out with a dishonorable
discharge from the Army, was
sentenced to death by state
Judge John R. Mouton in Lafay-
ette Parish in 1982.

Celestine also was sentenced
to life in prison for breaking into
the homes of two other elderly
women in the same Lafayette
neighborhood and raping them.

Celestine had no previous
criminal record before the rapes
and Mrs. Richard’s murder, said
Lafayette Assistant District Attor-
ney Mike Harson, who prose-
cuted Celestine.

“If the woman had been
asleep, she would probably never
have been killed. It's just that she
was up and ready to go on a trip.
She was up and tried to defend
herself,” Harson said. “The other
two ladies were in bed. It's just
too bad that she was ready to go
somewhere.” :

“I have nothing to say. I don’t
have to talk with you because I
have nothing to say,” Mrs. Celes-
tine said Saturday.

The Inter-American Commis-
sion, which is part of the Organi-
zation of American States, sent
telegrams to U.S. Secretary of
State George Shultz and Gov.
Edwin Edwards to halt Celes-
tine’s execution.

“It is very unusual for the
Inter-American Commission on
Human Rights to hear a

' complaint of this nature, it’s very

unusual to seek the relief that
they're doing,” Farmer said.

“It all comes about because,
Louisiana focused attention onto
itself by executing and preparing
to execute more people in this
state-than in the nation in 40

years’ time,” he said.

WIREGRASS TODAY @ Monday, July 20, 1987 @ 7A

(‘aug eqgekegeq) gg “ey *OeTe SHOVTG SOTTITM “ENT

20. THE ATLANTA CONSTITUTION

Tuesday, July 21, 1987 ,

are scheduled here this month.

By Gayle White
Staff Writer

Former President Jimmy Carter and his
wife, Rosalynn, will stand behind daughter
Amy despite her dismissal from Brown Uni-
versity for academic reasons, according to a
statement released Monday.

“The Carters are aware of Amy’s status
as a student,” said the statement, read by
Melissa Montgomery, a spokeswoman in Car-
ter’s Atlanta office. “She is 19 years old and
makes her own decisions. Her parents have
always supported her and continue to.”

Ms. Montgomery confirmed published re-
ports that Ms. Carter had been dismissed
from the university, where she was a sopho-

* Carters say Amy, dismr’

more, and will be
mission in a year

Ms. Carter v
she was acquitt
radical Abbie
charges stemr
the Universit
where Ms. ‘
were arrest
cruitment t

As a f)
ed for re
Providenc
the cor
investmer

And,

National Report |

Killer says
he’s sorry,
is executed

From Wire Reports

ANGOLA, La. — A man who
beat, raped and strangled an 81-
year-old woman apologized to his
victim’s family and told two sup-
porters he loved them as he went to

the electric chair Monday.
Willie Celestine, 30, became the

84th person executed in the United
States in the past decade and the
fifth put to death in Louisiana since
early June. Two more executions

The Supreme Court declined
Sunday to hear Celestine’s case, and
he was executed shortly after mid-
night as Robert and John Broussard,
grandsons of victim Marceliane
Richard, watched.

ft hr. TG am
Fe ee

IE EA A OE NT OT PETE
SP NRES AER RCPS ED A ee

|
|
|

ij; Louisiana,

EXECUTION ALERT — -.-

LOUISIANA THURSDAY, SEPTEMBER 26 ELECTRIC CHAIR

WILLIE CELESTINE, @ 29 year old black man, is scheduled to be axecuted in Louisiana
for the 1981 rape/strangulation of an elderly woman. He has now exhausted the appeals
process and clemency is the only avenue available. If executed, he will be the 8th
person, and the 4th black man, to be executed in Louisiana since 1983.

SUGGESTED ACTION: Contact Governor Edwin Edwards [see belew for address]

EXECUTION ALERT

LOUISIANA MONDAY, OCTOBER 7 ELECTRIC CHAIR

ALVIN MOORE, a 25 year old black man, is scheduled to be executed for the rape/murder
of a 23 year old white woman who was killed in 1980. Two co-defendants who pled
guilty to burglary charges testified against Moore at his trial, but later recanted
part of their testimony.

Moore's attorney later admitted he had not been prepared for the trial. He did not
conduct any independent investigation of the case nor even interview witnesses the
prosecution planned to call. At the sentencing hearing, he called no character
witnesses, although there were people willing to testify for Moore. The newspaper
accounts do not mention any prior criminal record for Moore, and particularly no
history of violent crime. However, all Moore's attorney did during his 2 minute
and 13 second statement at the sentencing hearing was to mention that age (Moore was
20 at the time of the crime) could be a mitigating factor. He made no plea for
Moore's life, and in fact at the trial had said that the person guilty of the crime
deserved to die. Ouring the sentencing hearing statement, he also said that if a
mistake in sentencing were made, it could be corrected later, on review.

Indeed, in 1983, the Federal District Court did vacate the sentence (ineffective
assistance of counsel was one of the issues raised), but the Sth Circuit Court re-
instated the sentence, and the U.S. Supreme Court, after granting a temporary stay (7-2)
denied Cert.

The regular appeals have now been exhausted, and acommutation hearing is being sought.

SUGGESTED ACTION:

1%, Contact Governor Edwin Edwards
Governor's Office
State Capitol

Baton Rouge, LA 70804
504-342-7015

FOR UPDATES ON lie cone Seal aid CONTACT: LA Capital Oefense Project 504-865-9022

EXECUTION ALERT__

VIRGINIA THURSDAY , OCTOBER 24 (11 peme) ELECTRIC CHAIR

MICHAEL SMITH, a 29 year old black man, is scheduled to be executed for the rape/murder
of a white woman. ,in the past year, executions in Virginia have been the occasion for
aggressively racist demonstrations outside the prison. (There have also been strong
anti-death penalty demonstrations protesting the executions. )

SUGGESTED ACTION:
To ask for dlawaney, . contact: Governor Charles Robb
Governor's Office
wy State Capitol |
Richmond, VA 23219

aa 804-786-2211

FOR UPDATES ON VIRGINIA CASES, CONTACT: VA Coalition Against the Death Penalty 804-353-0093

UPDATES: Charles Rambaugh was EXECUTED in Texas on September 11.

The phone machine for the National Execution Alert Network has been on the blink. If
you don't get any answer at 402-474-6575, you can usually reach OeCourcy Squire on
weekday afternoons at 402-435-3100.

bea

sis i

CELESTINE,

» e

Willie - Louisiana.

EXECUTION ALERT

LOUISIANA ‘‘ ee MONDAY FEBRUARY 25 | ELECTRIC CHAIR

HOWARD MATTHESON, a white man in his 60's, is. scheduled to be executed for the March,
1978, killing of a beauty shop receptionist in the course of a holdup. The victim
was a 75 year old white woman.

Howard Mattheson, high on liquor and LSD, and his wife entered the beauty shop
during business hours and robbed the customers. At his trial, his court appointed
attorney did not use Mattheson's state of intoxication nor his mental condition
either as a defense nor later as a mitigating circumstance. Instead he argued that
Mattheson's drunkeness has made him 'clumsy'. When Mattheson had entered the shop
and pointed the gun at the. receptionist, the defense contended, she had not taken
it seriously and had taken hold of hand gun, which had then gone off during the
ensuing tussle.

Mattheson's wife, who could have testified to the events at the shop, was charged
with several counts of armed robbery and first degree murder. She was denied immunity

_to testify at Mattheson's trial. Later she was acquitted of the armed robbery charges

and the murder charge was dropped. .

~~
The main issue in Mattheson's case is the ineffectiveness of his counsel at time
of trial and sentencing. In addition, although his current mental state is poor,
Louisiana does not have any provisions requiring that a person be 'competent' to
be executed.

His current attorney is Nat Greenbaum, 504-588-9089. A hearing was denied by
the Fifth Circuit Court of Appeals. Although a hearing en banc has been requested,
it is unlikely to be granted. .

SUGGESTED ACTION:

Contact: Gov. Edwin Edwards
Governor's Office
State Capitol
Baton Rouge, LA 70804
_ 504-342-7015

For more information: Marcia Blum, Louisiana Coalition 504-561-8549
National Execution Alert Network 402-474-6575

UO Pb Ay.

EXECUTED: J.D. Raulerson, Florida, Jan. 30, 1985

STAY GRANTED: Carl Songer, scheduled to be executed in Florida on Feb. 5; the 11th
Circuit Court of Appeals granted an indefinite stay on an 11-0 vote.

PENDING AS OF FEB. 8: Willie Celestine, a black man in Louisiana, convicted in 1982
of raping and strangling an 81 year old white woman in her .home, was scheduled to
be executed on Feb. 9. There was still hope for a stay because he had not yet had
a hearing before the Pardon Board. A major issue in his case was that he had not
had an evidentiary hearing either at the state or federal level as to the effective-
ness of his counsel. His court appointed attorney's work on his sentencing phase
consisted of 1% pages of lukewarm argument; he called no witnesses, although there
were family members who would have been willing to testify, and he did not discuss
Celestine's mental capacity, although Celestine is borderline retarded.

OTHER NEWS
On Feb. 6, the Nebraska Judiciary Committee voted the death penalty repeal bill out
on a 5-3 vote. The bill will probably be coming up for debate on the floor in March.

The 11th Circuit Court of Appeals ruled 9-3 against the McClesky appeal, which was
based on a study done by Iowa University professor of law David Baldus of Georgia
capital sentecing practicies. The Baldus study found that in a certain range of
murder cases there was a 20 point disparity based on a racial component, particularly
the race of the victim. The Court said it would assume Baldus's study to be correct,
but felt the disparity was not enough to be unconstitutional. The disparity did

not appear heavily in nonaggravated murders or in highly aggravated eens but
concentrated in the questionable middle range.

Other recent decisions were the 8th Circuit positive decision in Grigsby

(that excluding people with reservations about the death penalty meant that

the jury was not drawn from a representative cross-section of the general population);
and the U.£. Supreme Court decisien on Wainwright v. Witt, that jurors could be
excluded by the trial judge for cause if they opposed the death penalty in a way

that might interfere with their proper finding of a verdict.

~ tangents

‘

{ to speak
true, but
Neither

> us Fran-
vhom we
1 negress

the first
ey did not
as not the
cused had
ie did not
id that all

ncillor La-
d Cupidon,
accused,
egress An-
uiry; after
both de-
roaches to
™he ac-
meern

i Signed:

iuvin de la
racou, and
th witness
vath taken
4 said that
ave of M.
at he knew
« wounded
ies to make
iccused de-

ff,
owned by
‘d with Sr.
knew each
mroaches to
it declared

reff,

Psy ek

‘
i
;

ree: oes

L Le onfrontation of
(

records of the Superior Council of Louisiana 221

Confrontation of Sr. Francois Baschemin
and the slave Jean Baptiste, surnamed
Cupidon. Cupidon said that he knew Mr.

Paschemin well, as the brother of his mis-
tress and the one who came there to carry
off the young Frenchman who was
wounded. Sr. Baschemin recognized him as one of those who
helped-to carry the young Frenchman. They had no reproaches
to make against each other. The slave declared that he did not
know how to write, and the document is signed: Francois cor-
bin; Lafreniere; Henry Greff.

Then was brought forth Joseph, a slave
of Mr. Raguet, fifth witness in the inquiry,
to be confronted with Sr. Baschemin, sixth
witness. After oath they said that they
knew each other;- Joseph knows Sr. Bas-
chemin as the brother of his mistress, and Sr. Baschemin recog-
nizes Joseph as one of those who helped to carry the wounded
Frenchman. They had no reproaches to make. Baschemin
sirned, but the slave did not know how to write. Signed: Fran-
sois corbin; Lafreniere; Henry Greff.

3+, Baschemin confronted with Francois,
a slave owned by M. Raguct. They said
that they knew each other and that they
had no reproaches to make. The slave said

upidon with
Haschemin.

Confrontation of Joseph
with Baschemin.

Confrontation of
Raschemin with
Francois, another

accused, ‘ °
that he did not know how to sign, but
Baschemin signed.
Signed: Francois corbin; Lafreniere; Henry Greff.

Order to communicate to the Procureur General. Signed:

Lafreniere.

January 8, 1748. On demand of Mr. Le
Bretton, Procureur ad hoc, confrontation
Jean Baptiste, surnamed Cupidon, was
brought to the Criminal Chamber, in order
to proceed to his second interrogation, be-
fore Commissioner Nicolas thauvin de la
Freniere and the Greffier of the Council.
He said that he had been baptized, and took an oath to speak
the truth: and being summoned to tell his name, age, etc., he
told us that he was named Jean Baptiste, was a slave of Mr.
Raguet. of the Senegal nation, about twenty-six years of are,
that he worked planting peas in his Master’s fields during the
morning Wednesday, and returned in the evening. Charlot
called Kakaracou came long after the hour. He had not per-
ceived any thing, did not see blood on his coat and shirt, when
he went back to work with the other slaves. He identified the
knife presented to him as belonging to said Charlot. Asked if
he had not had a dispute with the Frenchman for firing on the

No. 1132. 314 pp.

Second interrogation
ef Jean Baptiste
called Cupidon,

Se ennai cat ar) tare Semtex

220 The Louisiana Historical Quarterly (

she did not know Charlot, who is not the one she meant to speak |

of in her testimony. She said that her testimony was true, but

the accused was not the negro she meant to speak of. Neither bane
knew how to sign.

Bas«
Signed: Lafreniere; Henry Greff. '

The jailer then brought before us Fran- Wo
coils, negro slave of M. Raguet, whom we hel
Ppeiccatation. of confronted with one Angélique, a negress to |
Angélique. owned by Mr. Dubreuil, who was the first kn
witness. They both said that they did not bin
know each other, and that he was not the
one she meant to speak of in her testimony. The accused had
no reproaches to make against said witness, since she did pot Cine
know him, and likewise the witness. The accused said that all with
she testified might be true, but not concerning him.
Signed: Lafreniere; Henry Greff. che
Then was brought before Councillor La- niz:
freniere, one Jean Baptiste called Cupidon, | Fre
gacsrentation of a slave owned by M. Raguet, accused, | sign
Angélique. with whom we confronted the negress An- Sols
gélique, first witness of the inquiry; after
oath spoken to speak the truth, both de-
nied that they knew each other. She had no reproaches to | Cont
. . m Basc}
make, as it was not of the accused she meant to speak. Theac © Fran.
cused said that her testimony might be true, but did not concern | acne
him. Signed: Lafreniere; Henry Greff.
Order to communicate to the Procureur General. Signed:
Lafreniere.
Confrontation by Nicolas Chauvin de la Laf
No. l131. 8 pp. Freniere of Charlot called Kakaracou, and
Sieur Francois Baschemin, sixth witness
Confrontation of Charlot heard in the inquiry; and after oath taken : No.
with Francois ae . ° .
Baschemin. to speak the truth, Sr. Baschemin said that gil
he knew the accused as a slave of M. of Je
Raguet, and the accused said that he knew cals
Sr. Baschemin to be the one who came to carry the wounded
French soldier when called on. They had no reproaches to make
against each other. The witness signed, but the accused de- He
clared that he could not write. | the
Signed: Fransois corbin: Lafreniere; [lenry Greff. ad
Vail
Then appeared one Laurent, owned by that
M. Raguet, who was confronted with Sr. mor
rg Sl a Francois Baschemin. They knew each } call:
other by sight, and had no reproaches to cei\
make to each other. Laurent declared he \

that he did not know how to write. : knif
Signed: Fransois corbin; Lafreniere; Henry Greff. he h

EA ARS ASAIN Wi OI gg iM NR SE Ra a Tb Hoe OAR te a TOS Oe

gan The Louisiana Historical Quarterly

starlings. Interrogated if he saw the Frenchman in the evening,
he said that he saw him when he helped to carry him. He de-
clared that he could not write; wherefore inquiry as per ordi-
nanee, Signed: Lafreniere; Henry Greff.

Order to communicate to the Procureur General. Signed:
Lafreniere.

January 10, 1748. Session of the Coun-

No. 1188. cil, where were present MM. de Vaudreuil,
Governor; Le Normant, First Councillor;
pee: & Se superior de Benac, Major of the troops; de la Fre-
ouncil to make final . % : :
decision in the niere, Councillor; and Prevost, called in to

above case.

complete the number of judges. On de-
mand of the Procureur General, plaintiff
and accuser, against Charlot called ‘‘Caka-
racou,”’ a slave of M. Raguet, defendant and accused. Before
us the proces verbal of the examination of the body of one Pierre
Olivy called Bonnevie, soldier of Mr. de
Kedidecs At-aha Gauvrit’s Company, who was assassinated
testimony taken in Mr. Raguet’s ‘‘desert’’, on the third of
; the present month, signed by Le Normant,
Commissioner of the Marine and Ordomna-
teur, Mr. de Benac, Major, M. Le Bretton, acting as Procureur
General, and Mr. Gueydan, second (assistant) Surgeon at the
King’s Hospital; decree that inquiry be made before Mr. de la
Freniere on the facts mentioned, on demand of Mr. Le Bretton,
acting as Procureur General in the place of M. Raguet, as some
of his slaves are implicated in this assassination; the inquiry on
the said day, before M. de la Freniere, and examination of six
witnesses; the interrogation undergone by Charlot called ‘‘Caca-
racou’’ and his personal answers on date of the fifth instant;
that of Jean Baptiste called Cupidon, and that of Francois, all
three slaves of M. Raguet, on the same date; the decree of the
Council of the sixth, and the conclusions of the Procureur Gen-
eral of the King, asking that Charlot, Cupidon and Francois be
bodily apprehended and imprisoned and interrogated again on
facts brought out by the prosecution; that one Pluton, another
slave of M. Raguet, be likewise arrested and imprisoned, to be
interrogated and heard in the said inquiry, all of them to be
re-examined and confronted with the above mentioned slaves
and the accused; the body of Charlot called Caracarou to be
examined by Sr. Gueydan, Chief Surgeon of the King’s Hos-
pitals, in the presence of M. de la Freniere, Commissioner on
this case, and M. Le Bretton in his official capacity, the whole
to be reported and ordered thereon what shall appertain.
Before us the proces verbal of the examination by Surgeon
Gueydan on the said day at seven o’clock P. M., the interroga-
tion of the said Pluton, negro slave of M. Raguet, on the 6th
instant, that of Joseph, another negro slave owned by M. Raguet,
on the said day; the second interrogation of Charlot called

Be eg

ee eee

e evening,
‘.’ Hede-
per ordi-

Signed:

the Coun-
/audreuil,
ouneillor;
de la Fre-
led in to
On de-
plaintiff
ed “Caka-
'. Before
ne Pierre
of Mr. de
“ussinated
' third of
Normant,
(rdonna-
?rocureur
on at the
Mr. de la
: Bretton,
', aS some
i yon
1( f six
sd *"Caca-
instant;
necois, all
ee of the
reur Gen-
ancois be
“ugain on
. another
ed, to be
‘m to be
ed slaves
ou to be
ig’s Hos-
Jjoner on
ne whole
un.

Surgeon
ailerroga-
the 6th
. Raguet,
t called

| UL

“Ess

Records of the Superior Council of Louisiana 223

Cacaracou, on the eighth of the present month, that of Fran-
cois and of Cupidon on the same day; re-examination of the
Witnesses heard in the said inquiry and interrogations of said
vecused; confrontation with Sr. Baschemin, one of the witnesses,
that of Angélique, a negress slave of Mr. Dubreuil, with wit-
nesses heard in said inquiry, and that of the accused with each
other: the interrogation on the witness stand of Charlot called
Cacaracou of the said day, with the conclusions of the Procureur
General of the King:

The Council has declared the said Char-
lot, otherwise called “Kakaracou,” duly
convicted and found guilty of assassination
committed on the berson of Pierre Olivy
called Bonnevie, otherwise called Fléchy,
soldier of the garrison, on the third of the
Present month, in reparation of which he is condemned to have
his arms and legs broken, and to be broken on the Wheel on the
public square of this City, on a seaffold erected to that effect,
and afterwards placed on a Wheel, his face turned towards the
sky, to end his life, where his body shall remain during twenty-
four hours. He shall make honorable amends (ask pardon)
before the main entrance of the parochial church of this City,
where, with a toreh in hand, he shal] declare that he wickedly
Yssussinated the said Pierre Olivy, for which he begs pardon
of God. the King and “justice” (the law).

(In margin) That previously estimation be made of said negro
by Sieurs St. Martin and Voisin; the other negroes to be sent
off absolved, to be remitted to their master.

Retentum: It has been decreed that the said Charlot called
Cacaracou, after having received al] the blows living shall se-
cretly be strangled. Given in the Council Chamber on the tenth
dav of January one thousand seven hundred and forty-eight.

Signed: Lenormant; Vaudreuil; De Benac; Lafreniere ;
Prevost.

Document mutilated.

Final decree of the
Superior Council in the
«ase, ond the penalty
meted out to Charlot.

January 10, 1748. We, the undersigned,

following the decree of the Superior Coun-

hee est the — cil of this Province, of this day, appointed
Charlot. Value fixed” to make estimation of a negro named Char-
etree livres, lot called Kaka racou, belonging to M.
Raguet, we went to the prisons of the said

City where we found the said negro and,

after having seen and examined him, we have estimated his
Value at the sum of thirteen hundred livres, jn testimony of
Which we have signed the present “proces verbal’, to serve and
avail as shall appertain. Done at New Orleans on the tenth
dav of January, one thousand seven hundred and forty-eight.

Signed: St Martin: Layssard.

is bleeding body into

aude Beard flew into
nm. Her black eyes
‘I did not.”

that _you helped to
ans in the Taylor

weighing each word,
‘ers in her own lan-
been on good terms
seen little of her
during the past six

stioning Mrs. Beard
Hing mystery, how-
an attitude of in-
hole affair,

through another
ave left most men
inable to break her
initted not knowing
of running into the
ted having run over
. and she assumed
' the rear wheel at

reward was posted

ha’s gun or cloth-

rd Zimmers took
ce bearing blood-
emist at Lincoln,

NOON, November
Was arraigned on
She pleaded not
’ hearing was set
tv 18th, by County

an to break
a long dis-
a gentleman

t, Who identified
asking could he

aylor was per-
Chief of Police
other wire, and
'm if he knew of
lave killed Otha.
ithe thought he
‘rom Nebraska
ontana,
‘th, the body of
d. The = small
va, was packed
’ seekers,

her last tribute
lover, Broken-
| by the casket,
er cheeks, she
g into the ashen
‘T quivering lips
festure of affec-
‘o the crowd on

th, a new ele-
‘jected into the
sived from the
‘e Company of
Taylor’s $1,000
‘dat midnight
His body had
ay.

motive for the

may have been
£ was the more
that old story,
ke a woman

ficials repeated
reconciled—I
for this mur-
of Nebraska

iestioned. She
insurance

policy. “I hope you get the person who did
this crime,” she said, as Ryder turned to
go, then lapsed into a stubborn silence.

“Mary,” Ryder said slowly—“I believe
we have the guilty person.”

Ryder was scrutinizing her closely for
the effect of his words. She displayed no
sign of emotion.

Ryder’s next move was to question the
witnesses who claimed to have seen Otha
Saturday and Monday. They admitted that
they could not be sure of the exact date.

N THE MEANTIME, the search for the
missing gun and Otha’s clothing con-
tinued. It was of vital importance, if the
state was to refute Mary Taylor’s story
that her husband had packed everything
and left home, that the gun and Otha’s
clothing be located. Wells in the imme-
diate vicinity were drained, and weed
patches were burned off, but all efforts
were unrewarded.

Late Monday, a Mrs. Christian, from
Weeping Water, Nebraska, notified author-
ities that she had discovered a pair of
trousers lying in a ditch seventeen miles
northwest of Nebraska City on the road
to Weeping Water, where Taylor was em-
ployed before he was fatally shot. The
trousers were identified by two of Otha’s
acquaintances as belonging to the slain
mechanic.

A woman living the other side of Weep-
ing Water on a farm telephoned officers,
however, explaining that she had thrown
the trousers in the diteh from her ear, add-
ing that she had acquired them, together
with other merchandise, at a railroad sale
of unclaimed packages in Omaha.

The early part of the week, a water-
soaked and stained pad was taken from an
old walled-up cistern at the Maude Beard
home. The identification of the pad found
Was made by a Mr. Wheeler and Mr.
Esser, two mechanics who said Otha ob-
tained it from a storage van which he once
repaired.

“He used it on a bed in his home,” Esser
told them.

The stains on the pad appeared to be
blood, and the pad was immediately rushed
to Lincoln, Nebraska, for a final analysis.

Cracking under the strain of almost con-
tinuous questioning, Mary Taylor ad-
mitted placing the pad in her mother’s
cistern. Her admission was immediately
followed, however, by an iron silence.
Mary absolutely refused to elaborate.

The preliminary hearing scheduled. for
Wednesday, November Ith, was ordered
continued until Tuesday, November 24th,
since the chemists analyzing stains on vari-
ous articles taken as evidence, had not com-
pleted their work. There the case hung in
virtual stalemate.

Friday morning, November 27th, Sheriff
Carl Ryder visited Mary Taylor in her cell.

“Good morning, Mary,” Ryder greeted
her pleasantly.

Wr AND woRN from the harrowing

whirlpool of uncertainty and existing
conditions, Mary’s “Good morning,” was
scarcely audible.

Ryder focused his steel gray eyes on the
forlorn face. “Mary,” he began, pulling
the small raveling of sash cord from his
pocket—“I found this piece of sash cord
in your cave. I suppose when you dragged
Otha’s body up the steps, it caught on one
of the jagged edges. It’s a sort of a mute
witness. Look at it!”

Mary’s face went deadly pale.

“Aren't you feeling well, Mary?” Ryder
asked, carefully paving the way to what
he hoped would be at least an admission to
part of the guilt.

Mary was trembling from head to foot.
It was obvious that she could not speak.
With a mighty effort she pulled her shat-
tered nerves together—“I can’t sleep. I
just can’t sleep a wink,” she sobbed.

“You never will be able to sleep until
you tell us the whole story, Mary,” Ryder
returned.

“All right,” she whispered, although her
lips scarcely moved. “I’m ready.”

After fifteen days of hard grilling the
stolid calm of the little “Iron Woman”
broke with a mighty crash. Nervously she
paced the floor until County Attorney
Moran arrived with his stenographer to
take her confession.

“T killed him?” she shrilled. “We fought.
It all started over a lie!”

Mary was talking with pent-up emotions.
Now and then her voice reached almost a
hysterical peak. “He heard I was out with
another man and called me names that
night. Then he went for the gun, but I
had moved it to a box on the buffet. Soe I
got it and told him to get out. We fought,
but I don’t remember pulling the trigger
because my finger wasn’t on it. Then,
when he fell to the floor moaning and
twitching, 1 was scared; too scared to call
police.”

Her voice trailed off into almost a whis-
per. She was staring straight ahead. She
moistened her parched lips. An expres-
sion of intense pain crossed her face as
though she was being lashed on by some
sinister blow inflicted by her slain husband.

p | THREW THE PAD over him so the chil-

dren couldn’t see,” her grip on the chair
arms became tight—“I took the children
over to mother’s, and told her Otha was
going to California. Then I returned and
dragged him over the back-yard down into
the cave.

“I marred his face so the gun wound
wouldn’t show. He died down there. I
burned all his clothes so people would
think he had gone to California.”

Her lips stopped, then moved jerkily.
For a moment she looked as though she
might faint.

An attendant gave her a drink.

“What next?” Ryder urged.

“I worked like a dog trying to clean up
those blood stains,” her voice broke with a
whimper. “It was getting real late. I lay
down and tried to sleep, but I couldn't
sleep a wink. Saturday morning, I took
the children with me to Weeping Water to
keep them away from the cave.”

“What about the rope, Mary?” Ryder
asked.

TRAILING MARDI GRAS KILLERS

But a surprise was in store for me—

For “Red” Cavanaugh had no sooner
taken the stand in his own defense, than
he rescinded his entire confession, declar-
ing he made it only after being beaten by
police. Prosecution attorneys insisted that
the confession be admitted in evidence.
‘And to bolster their plea they referred to
the testimony of state witnesses who de-
scribed the holdup and identified Cava-

naugh as one of the bandits.

Despite the fact that alibi witnesses for
the defense placed Cavanaugh far from
the scene of the crime, Judge J. Arthur
Charbonnet, the presiding jurist, said, “I
don’t believe Cavanaugh,” and admitted the
con fession.

The jury retired to determine the youth-
ful suspect’s fate. Two hours and fifteen
minutes later they returned.

“T bought it—bought it Saturday night!” .

The rest of her story was broken and
incoherent in parts. It sounded like a
gruesome nightmare, the hallucinations of
a warped and contorted mind. She told
how she had trussed the nude body in one
of Otha’s old army blankets. She told of
endeavoring to drag the corpse up the
jagged cement cellar steps, but the dead
weight was too heavy.

Taking a piece of wire clothesline, she
had fashioned a crude towline and dragged
the body up the cave steps with the auto-
mobile. Then she had bundled it into the
car and drove aimlessly into the country.
She took the old Kearney road which is
seldom traveled, and leads into a_ hilly
winding section of by-roads. At the bridge,
she gently rolled the dead man onto the
bridge floor. Then she had carefully low-
ered it into the deep ravine.

“I loved him once,” her voice shook with
emotion. “I couldn’t just throw him off.

“I intended to dump the body into the
river, but I realized afterwards on the way
that I couldn’t dispose of it there without
arousing suspicion because of the large
number of shacks along the bank,” she said.

She said she threw the revolver into the
water.

Prmmay NIGHT, November 27th, Mrs. Mary

Taylor pleaded guilty to a manslaugh-
ter charge and was sentenced to six years
in the woman’s reformatory at York,
Nebraska, The sentence was imposed ina
hastily convened night session, lasting only
half an hour.

Mary Taylor had thrown herself on the
mercy of the court.

“T don’t think you need to be too severe
with me,” she sobbed to District Judge
John Yeager. “Otha was very mean to me.
He beat me and threatened to kill me.
Can’t you stop and consider what I’ve gone
through in the last eight years? I’ve gone
hungry and without clothes and I’ve suf-
fered much. Otha didn’t have any feeling
for our little boy, who has a tube in his
throat.”

Big tears streaked down Mary’s sunken
cheeks.

“Tle wouldn’t do anything for me. He
would beat me until I was black and blue
to the ears, and he was always stepping out
on me.”

Mary’s frail body shook with deep sobs
while she waited anxiously for the verdict.

Judge Yeager turned to Sheriff Carl
Ryder and asked for his comment.

“It was a pretty cold-blooded killing to
me,” Ryder said. “If I am allowed to make
a recommendation, I would recommend if it
is going ‘to be manslaughter, that she get
the maximum sentence.”

Mary accepted the sentence with a smile.
Huddling in an old, threadbare coat which
she wore over her wrinkled gingham dress,
she looked squarely in the eyes of her
prosecutors,

“T thank you,” she said. “You have been
very kind to me.”

Thus the curtains were drawn at a fit-
ting climax for the philandering husband
of Mary Taylor.

From page 53

“Guilty without capital punishment !” the
verdict read.

“Why, you dirty bunch!” Cavanaugh
said to the jury. ,

One of the bandits had been brought
to justice. But we were far from satisfied.
Cauche and Ugarte were still out on bond
with charges of murder against them.
George and Anthony Dallao still faced
charges of being accessories. We. felt that

is 2, oe ee

—=~-

“Seley

these facts over in my mind, word reached headquarters that
an automobile similar to the bandit car, had been found aban-
doned on the 900th block of St. Mary Street.

“Let’s go!” I said to Captain Alfred Malone.

We headed for St. Mary Street. A quick search of the
car disclosed three hoods and a slicker hidden. The auto-
mobile, we discovered, belonged to a prominent uptown
family.

“The whole thing fits together very neatly,” Malone re-
marked. “Naturally they’d use a stolen car.”

\X Jit THIS NEW LEAD to encourage us, we renewed our

search. We knew that more than two bandits had held
up the bank. But who were they? Where were they? It
was one of the toughest jobs I had faced in many a moon.
For there was no getting around the fact that since the ban-
dits wore masks during the stickup, identification would prove
difficult.

As if to add to our troubles we began to hear whispers of
a plot to bomb the First Precinct station. We placed little
credence inthe tale. Nevertheless, we decided to take no
chances. And so a cordon of police, armed with riot guns,
was thrown around the building.

The night wore on. Scarching for a handful of men ina
hilarious New Year’s Eve crowd was like looking for a needle
in a haystack. At dawn we decided to give it up for the
time being and catch a few hours’ sleep.

When I arrived at headquarters later in the day, Patrol-
man Edmond Scanlon had a hunch. He believed, he said,

CRACKED CASE
Chief of Detectives John J.
Grosch (right), is shown ex-
amining part of an organized
bank stickup gang's arsenal.

that Owen Cauche would get
tired of hiding out and sneak
back to his home. He didn’t
have much to go on, since all
previous visits to the Cauche
home had proved fruitless. But
for years he had lived in the same neighborhood with Cauche
and, well, a hunch was a hunch!

He made his way to Cauche’s home. And there, sure
enough, he found Owen.

“Why did you run away?” I asked Cauche when Scanlon
brought him in to headquarters.

“Huh!” he said, ‘guess you’d have run away, too. Here
I had this money Cefalu had given me and I didn’t know
what it was all about. I didn’t even know a bank had been
held up.”

“In on the job?” the dark-cyed youth was scornful. “Why
I wasn’t even near the place. I was blocks away talking to
my uncle. You can ask him.

“What did I do yesterday? I took my nephew to the hos-
pital to get his arm bandaged. Cefalu? Oh, I was standing
by the garage when he came along and shoved a big bunch
of bills in my hand. I didn’t even have time to ask him what
the hell it was all about when the cops arrived and arrested
me. Sure I ran away. I threw the money away as I ran.”

Was Owen Cauche telling the truth? I didn’t know.

While I was wondering a detective whispered in my ear
that they had “another fellow outside.” So I ordered Cauche
held for future questioning.

7, B
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and I didn’t know
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eas scornful. “Why
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vey away as I ran.”
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‘hispered in my ear
So I ordered Cauche

ww fie

i is BROUGHT THE “fellow” in. The more I talked to him
the more convinced I became that he had nothing to do
with the holdup. But he didn’t know this. [Frightened for
fear that somehow the rap would be pinned on him, he leaned
over, clutched frantically at my coat lapels, began whispering,
“Get Red Cavanaugh.”

I straightened in my chair. Was he giving us the real
dope? There was only one way to find out.

“Bring Cavanaugh in!” I ordered.

Then I waited. When Cavanaugh arrived I looked him
over carefully. Jockey-sized with a round face, freckles and
aweak mouth, he put up quite a pretense of bravado.

“Its a lie!” he shouted. “1 don’t know anything about it.
Wasn't even near the place !”

That’s what he said in the beginning. But in the end he
confessed.

In his confession he implicated Cauche, a youth named
Joseph Ugarte, and the dead Cefalu. He said the robbery
was planned two nights before it actually occurred and that
they all agreed to wear raincoats and masked hoods.

Haltingly, he recounted how he stole the automobile used
in the holdup, and how the night before, he parked it in front
of a St. Mary Street saloon run by two brothers, George
and Anthony Dallao.

The next morning, he said, they started out.

“Cauche handed me a short-barreled pistol. He carried a
yellow-boned pistol. Ugarte had a .38-caliber black pistol
and Cefalu a pumpgun and a white bag for the money.”

Cavanaugh said that he waited at the wheel of the car
while his companions entered the bank; that in a few minutes
he heard shots and then Cauche, Ugarte and Cefalu came
running out and Cefalu told him they had just shot a man.

When the red-haired youth finished his story we headed
for the Dallao saloon. And hidden in the drop kitchen we
found a sack containing a sawed-off shotgun and three pis-
tols! Upstairs we dis-
covered two revolvers
in the bureau drawer of
a bedroom!

Elated over this sud-
den turn of affairs, we
arrested Ugarte. Again
we met with stubborn
denial. Ugarte laughed
at us. Nineteen years
old and known to his
friends as “Baby Face,”
he bragged about his
iron-clad alibi, appeared
garrulous, self-satisfied,
sure of himself. Never-
theless we locked him

up.

AVANAUGH _ identi-

fied the firearms as
those used in the hold-
up Anthony and
George Dallao denied
all knowledge of them.
They were arrested,
however, and charged
with being accessories
before and after the
fact.

By this time we de-
cided we had earned a
little sleep. So ordering
a close guard kept on
the three men, we re-
turned to our homes,

When we woke up later in the day we felt rested, refreshed,
exultant. At last we had our men. “Baby bandits,” some of
the force called them. Well, maybe so. Ugarte was 19;
Cauche was 19; the dead Cefalu was 19; Cavanaugh was 20.
But they didn’t seem much like babies to us. For despite
their extreme youth they had had many meetings with police.

As we worked away Friday afternoon endeavoring to
puncture holes in their alibis, the three boys, for they were
little more than that, sat in their respective cells in Parish
Prison, apparently indiffcrent to their fate.

Tall and slim with dark hair, dark eyes and a cleancut
jawline, Cauche bore little resemblance to the legendary bad
men of fiction. His hands were slender and delicate. No
scars marred his features. Only in the firm set of his thin-
lipped mouth did he show a streak of stubborn courage.

When told for the first time that Cavanaugh had squealed,
the youthful bandit showed no sign of interest. Not a muscle
quivered. His attitude was one of complete indifference ; of
silent contempt.

“Baby Face” Ugarte was of the same slight build as |
Cauche with the same dark hair and eyes. But he looked
more like a kid. And he was more talkative, more self-
satisfied.

“Who’s Cavanaugh ?” he inquired boldly, his highly arched

_ eyebrows seeming higher than ever, “Never heard of him.

Never saw him in my life. Why, he must be crazy. This is
a pretty stiff rap, all right. But I’ll beat it. Sure I will.
Say, I got 100 witnesses who will tell where I was when this
job was pulled.”

In another part of the prison sat Cavanaugh, still feigning
indifference but a little scared now of what Cauche and
Ugarte might do if they ever got near him. “Don’t put me
in acell by those guys,” he begged. “Don’t put me anywhere
near them.”

Monday, formal charges of murder were filed against

Cauche, Ugarte and

Cavanaugh. January

26th was set as the date

for their trial.

Before we knew it’
the trial was upon. us.
On the opening day
the courtroom was
crowded. At the request
of defense counsel,
Ugarte and Cauche
were granted a separate
trial. Only “Red” Cav-
anaugh was left; little
“Red” in his bright blue
sweater, with his hair
slicked neatly back.

Behind him in the
courtroom sat his moth-
er and crippled brother.
And on the front

- benches—a group of
high school girls wit-
nessing their first trial.

As I figured it out a
conviction would be a
cinch. Hadn’t Cava-
naugh confessed to the
crime?

(Cont'd on page 65)

RETURNED
The man who was brought
back from California to turn
state's evidence is shown,
without hat, as he walks with
New Orleans detectives.

they were all guilty. But with Cavanaugh
going back on his confession, we didn’t
have sufficient evidence to convict them.
You need pretty strong evidence to convict
men who hide themselves behind hooded
masks,

Pe SO A YEAR SLIPPED by and then .an-
other year. Not satisfied with playing
in luck on one job, George Dallao staged
another stickup. This time a grocery clerk
was taken for a ride and murdered. Dallao
and a companion in crime, John Capaci,
were sentenced to be hanged.

Everything was set. The gallows rope
was ready when George Dallao asked me
to come sec him.

“Chief,” he said, “if you’ll get a reprieve,
T'll take the stand and crack that bank
murder case for you.”

“What do you know about it, George?”
I asked.

“Well,” he said, “you got the right guys
all right, only you left out Joe Oliver.”

I told him I would do what I could.
But time was short, the murder had been
an ugly one and a reprieve was apparently
out of the question.

So the following day George Dallao was
hanged, Again fate had interfered with
my chance of cracking the case. But tucked
way back in a corner of my mind was the
determination that some day, somehow, I
would bring the bank bandits to justice.

In between working on other cases I
would take out the old stickup file. I hadn’t
forgotten what George Dallao had told
me about Joseph Oliver. Nor had I for-
gotten about Cavanaugh going back on his
confession. If I could get Oliver to talk;
if I could get Cavanaugh to tell the truth.
Back and forth I went to the Angola
prison farm to interview Cavanaugh. Again
oe again I begged him to come clean.. No

Finally 1936 dawned. I took out the ban-
did file once more,

“Johnny,” L told myself, “if you don’t do
something about it this year, you’re a
sucker.”

And so I got to work. It was slow going.
Again I visited Cavanaugh. Again I begged
him to tell the truth.

At first he demurred. Then of a sudden
he faced me, looked me squarely in the
cyes.

“Okay, Chief,” he said. “I’ll come clean.”

I waited.

“T wasn’t telling the truth at the trial,
Chief. I’m guilty all right, guilty as hell.”
He paused—‘“did you get Oliver yet?”

“T can get him,” I replied quictly.

“Well, then,” he said, “listen, I didn’t
drive that car. I was in the bank with the
rest. Joe Oliver drove it.”

WHISTLED sorTLy. Everything was fit-

ting together just right. I had often
wondered why Cavanaugh had left Oliver
out of his original confession. Now I knew.
Oliver had actually been the driver of the
bandit car. But “Red” Cavanaugh had
thought he would stand a better chance if
he put himself behind the wheel. So con-
veniently, very conveniently, he had left
Oliver out of the picture.

“Go ahead,” I prompted.

Cavanaugh began his story, the story of
the holdup, he said, “just like it happened.”
And in his story he implicated Gcorge
Dallao.

He told me of the plot to rob the bank,
of the ride to the scene of the crime. When
they’ walked into the bank and_ hollered
“Stick ’em up!” he said, Rizan began shoo-
ing them out with his hands just like they
were chickens, and saying,“Get out of here!
You can’t do that.”

Then it was, Cavanaugh said, that Cefalu
put the pumpgun against the aged bank

guard’s back and filled him full of buck-
shot.

Young Dietrich protested against such
cold-blooded murder and made a grab for
Ugarte who was standing nearby. They
started fighting. And Cefalu shot young
Dietrich.

In the meantime, Cavanaugh said, he and
Cauche went behind the cages after the
money and George Dallao stood protecting
the door. Then every one began firing. In
the mixup one of the bullets from his gun
struck Brownson and a bullet from either
Ugarte’s or Cauche’s gun struck the elder
Dietrich.

He said that just as Cauche finished
scooping up the money Brownson began
firing and for a few minutes bank teller
and bandits exchanged shots. Then they
backed their way out of the bank and made
good their escape.

Cavanaugh had finished his story. At last
I had the truth. Reaching for the phone I
put in a long distance call to Los Angeles.

“T want Joseph Oliver,” I told California
authorities,

KNEW HE WAS OUT THERE, Ever since

George Dallao mentioned his name in
connection with the holdup, T had kept
track of him. So extradition papers were
served and two detectives were dispatched
to the Pacific coast. They returned in a
few days with the latest suspect.

To guard against any possible vengeance
move and to prevent any interview with
defense attorneys I had Oliver detained in
Baton Rouge. I took the train up there to
see him. I told him what George Dallao
had told me; what Cavanaugh had told
me—

At first he insisted that he knew nothing
about the stickup; that both George Dallao
and Cavanaugh had lied. I kept on talking.
Sooner than I expected he confessed.

“T drove the car to the bank,” he said.
“Who was in the car? Well, besides me
there were Cauche, George Dallao, Cefalu,
Ugarte and Cavanaugh. No, Anthony Dal-
lao didn’t go along, but he furnished the
guns,”

Oliver said he didn’t wear a slicker dur-
ing the holdup. He simply held a handker-
chief over the lower part of his face.
While he remained at the wheel of the car,
the others entered the bank with drawn
guns.

From the bank, he said, he drove his
companions direct to the Dallao saloon
where the money was divided.

‘OLLOWING HIS CONFESSION Oliver identi-

fied slickers and hoods found in the
abandoned car. Then he identified the
sawed-off shotgun and pistols found at the
saloon, and simultaneously Captain Lannes
and Detective William Grosch were dis-
patched to the Mississippi State Penal
Farm at Parchman, Mississippi, where An-
thony Dallao was serving a ten-year term
for attempted bank robbery.

| ordered Oliver held in Baton Rouge
for a few more days and started back to
New Orleans with Cavanaugh. I didn’t
get a signed confession from Cavanaugh
because I disliked the idea of making him
sign such a statement while he was still
in the penitentiary. And, I told myself,
there would be plenty of time for that
later on. How wrong I was!

For less than twenty-four hours after
we arrived in the city “Red” Cavanaugh
who had seemed in excellent spirits when
I left him, hanged himself with a ham-
mock strap in a police station.

With one end of the strap fastened
around his neck and the other end fas-
tened to the bars, Cavanaugh was found
suspended from the wall of his cell by

Doorman Louis Lockhart.

The suicide followed a restless night
during which the convict paced the cell
hour after hour, smoking innumerable

cigarettes and drinking innumerable cups -

of coffee.

Doorman Lockhart was the last to see
the red-headed youth alive. About 6:20
A. M. he asked him what he wanted for
break fast.

“Just coffee, copper.”

Lockhart left for the coffee. Ten
minutes later he returned. Cavanaugh’s
body was hanging from the ceiling. Call-
ing to officers at the station, Lockhart
opened the cell and policemen cut the thick
leather strap. Frantically they tried to
revive him. But “Red” Cavanaugh was
dead!

I couldn’t understand it. Had Cava-
naugh hung himself to keep from testify-
ing against his pals? Or had he served
as his own jury and found himself guilty?
One thing was certain. His death made
our case exceedingly more difficult.

Nevertheless a speedy trial was decided
upon.

| eat TRIAL WILL LONG be remembered in
New Orleans. Never were there such
crowds; never such a public show of in-
terest. The courtroom was packed to sar-
dine capacity. Corridors leading to the
court were crowded. When sheriffs were
ordered to clear the halls, they faced a
Herculean task.

The trial will long be remembered for
the brilliant legal battles staged between
attorneys. On one side there was District
Attorney Charles A, Byrne and his assist-
ants, Conrad Meyer, Jr., and Herbert W.
Christenberry. For the defense, G. Wray
Gill, Warren Doyle, Former Judge Rich-
ard Dowling and Joseph Rosenherg—all
counted among the city’s most. brilliant
criminal lawyers.

It took two days to choose a jury.

Hlour after hour the tedious routine
lasted. Hour after hour talesmen were
examined, cross-examined, challenged.

“Are you connected with any local
banks ?”

“Do you believe in capital punishment?”

Through it all sat the three defendants,
nattily attired in white linen suits, accused
alike of the murder of Pierre Rizan, the
bank guard, Anthony Dallao chewed gum.
Ugarte smiled from time to time. Cauche
stared straight ahead. Joe Oliver was not
with them. He had been granted a sepa-
rate trial.

Finally, on the morning of Friday, July
24th, the actual trial got under way.

HE STATE OPENED by calling to the stand

a succession of bank employes. Dra-
matically they described the holdup. Dra-
matically they told of the entrance of the
hooded, slickered bandits. But not one of
them had seen more than three bandits
actually in the bank, Teller Brownson
said that for months he lay in a hospital
bed recovering from a bullet wound caused
by bandit fire. At the request of District
Attorney Byrne he opened his shirt and
showed the jury scars left by the wound.

After the bank employe had _ finished
testifying the crier called—

“Mr. Charles Dietrich!”

A murmur of excitement spread through
the courtroom.

“That’s the father of the young man
who got killed in the bank,” one woman
whispered to her companion.

There was a sudden hushed silence. Mr.
Dietrich mounted the stand. Grimly he
recalled the murder of his son.

“Where is your son today?” District
Attorney Byrne asked.

Dietrich half rose from the witness

chair.
“He

a sawea-og s
Cauche,” the
Cauche lo
was thrown
“T thought
shotgun,” onc
“Well” rep’
so, too. Tha:
said in his o:
Mr. Dietri:
cross-examin
“What ma
your son?” |
“T recogni:
plied. “Just ;
me if I didn’:
too. It was t
Placing on
head, Mr. Do
minutes. Th:
the witness ‘i:
“Yes,” rep!
are talking k
The father
enter the ban!
been more.”
John J. Spi
told the jury
thy holdup he
slicker, scate:
tance from t!

Cy OF TH
during th
chief of the |
tion. After M
the bullets fi
fired by the s
the home of |
torneys starte
testifying Mr.
detail of the
when one of '
that it might
fallible science:

When
I took t
firearms
activilies in th
Then came
For then it w
confessed banc
State, was led :
Throughout
kept at a safe
ance caused ¢
Men and wom
Friends and ne
ver’s dark Lati
was wearing, «
tie.. Jurors wh
their chairs si
Cauche, Ugart
ly that it seem
hole through tl
After raising
gan his testimo
holdup. Again
driver of the b:
stickup had be:
vance; how the
night before t!
plans; how eve
whiskey and a’
Dallao had furn
Without wav:
to the bank—
“They were |
six shots,” he s:
ened. George
asked him wher
they were still i:
go back and |
shoot you.’”
Direct testinx
turned over to

BY LUTHER LOCKE

EW ORLEANS was in a
gay mood, It was the last
day of the year and the

celebrations planned throughout the
city were mere Previews of what was
to follow during the Mardi Gras car-
nival period which occurred very early
that year, Fat, or Shrove Tuesday
falling on February 18,

Canal Street already was Preparing
for the coming of King Rex a little
more than a month hence, But that
Wednesday morning, December on;
the Third District Branch of the
Whitney National Bank opened at the
usual time, Officers, clerks and early
customers alike exchanged quips and
sallies in anticipation of the evening
ahead.

Shortly after 10 o'clock four men
Wearing hoods and long, flowing
cloaks approached the entrance to the
bank. As he saw them coming up the
steps, grizzled old Pierre Rizan, the
guard, smiled understandingly, think-
ing they were revellers, but Starting a
little early, .

As they burst through the swinging
doors, the leader pulled a sawed-off
shotgun from beneath his robe and in
a loud voice commanded everyone to
throw up his hands.

“It’s a stickup!” he shouted.

is companions also produced
guns,

Rizan, quick to realize his mistaken
impression, tried to dash out the door
to give the alarm, The shotgun
boomed and old Pierre fell to the floor
dead. :

Instantly the bank was in an uproar,
Gilbert Dietrich, a young man who
had come in with his father, Charles,
wheeled as he heard the shot and

grappled with the bandit nearest him,’

They fell to the floor and when Die-
trich attempted to yank off his ad-
versary’s hood, the same thug who
shot the guard put the muzzle of the
shotgun to the young man’s head and
pulled the trigger. That made victim
number two,

Meantime, Alfred Brownson, a
teller, seized a revolver from under
his counter and started blazing away.
But his shots were ineffective and an
instant later he dropped with a slug in
the chest,

When Charles Dietrich saw his son
fall, he started for the bandit with the
shotgun but a shot from another
hooded killer put him out of commis-
sion, making four down,

Overwhelmed by the cold-blooded
and deadly fire of the bandits, the

others inthe bank Wisely refrained
from further resistance and obeyed
the terse orders barked out by the
bandit leader,

The raid was so well planned that
the robbers departed without casual-
ties among themselves within three
minutes after their entrance, They left
behind two dead, two critically
wounded, a dozen terrified employes
and customers and a deficit in the
bank’s cash of more than $3,000. The
last seen of them, they were speeding
up the street in an automobile that
had been standing at the curb with a
fifth member of the mob waiting at
the wheel,

The bandits were barely out of sight
When a police car carrying Chief of
Police George Reyer, Chief of Detec-
tives John J, Grosch, Capt. Alfred
Malone and two plainclothesmen ar-
rived. Behind it came others and an
ambulance,

Chief Reyer, Grosch and detectives

went into the bank. Police cars sped °

off in the direction the bandits had
disappeared. Uniformed patrolmen
Spread out in the district and within
five minutes no one could have
Squeezed through the police cordon,
but even then it had been drawn too
late.

IN SIDE the bank, Reyer and Grosch

quickly learned the details from the
witnesses. At no time during the raid
had any of the bandits removed his
hood and the long robes concealed
their clothing so effectively it was im-
possible for the police to obtain the
slightest hint as to their descrip-
tion.

Only the leader had spoken, and he
but a few times, when he shouted it

- Was a stickup, and a moment later

when he held the others at bay and
told them to remain quiet. No one had
noted any revealing peculiarity in his
sharp, authoritative tones,

On the floor Detective Grosch
picked up two exploded paper shotgun
shells and two empty metal cartridge
cases from an automatic pistol. These
he pocketed—the only clues to the
double murder, perhaps quadruple if
Brownson and the elder Dietrich died
from their wounds,

Meanwhile the wounded men had

‘been taken in an “ambulance to a

hospital and the medical examiner,
after examining the two dead, ordered
their bodies removed to the morgue
for autopsies,

An hour after the taid fast-ranging
motor police returned to headquarters
to report their failure in catching u
with the bandits, N either had the uni-
formed men picked up a single sus-
Picious character within the district,

. although scores of persons had been

Stopped and questioned,
Chief Reyer and Detective Grosch
tudied the records of several past

bank holdups, but none fitted the
smooth, deadly precision with which
this raid had been conducted.

Examination of rogues’ gallery pho-
tographs was useless, as no one had
seen a single feature of the criminals,
Even the stature of the men was in
doubt due to their enveloping robes,
None could say whether they were
tall, short, stout or lean,

Grosch was shaking his head over
the complete absence of clues when a
detective entered, He reported that an
abandoned car had been found on St,
Mary Street near the outskirts of the
city and in it were three black robes
and three hoods. The officer laid out

It took five years and a few

red, brown and black hairs

to solve the double slaying

page’ ' . 4
“————" | of marihuana in th Be ‘ “It’s. si
Don’t miss this super special: good for. at least: anol eywatlayetg ey thy fs Keciiosty ‘3 seine aa be
. issue of { stretch,, and: with Cauche already in tendent Reyer on the second day after apd
; age _custody we're bound to get a break in .the raid on Dallao’s pool hall. we've ce . og
| that time.” > = «.~—s*=«<CSsS:«S«s~*SC*sC already obtained aa list of more than a * i oh
Y desea ok ae Ae Te _ score of habitues of the place, andeve’ll Auithon:
UT BEFORE the three officers left gradually’round up every man who's. their in
ee . |. Bp Dallao’s pool hall, Grosch had made spent any time there during, the past « Cavanau
a ol “a-discovery that was to make the few weeks. There can be little doubt evidenc
finding of the maphuens pale into in- pay was the gangs. peanauar tots, and fered to |
ne Ti i tae significance... - e. examining the e pair we're looking for are prob-
Ge one ae fora ‘barred and nailed-up back door ee the ‘ably on the list I have right here.” - edb
glamorous movie w robe \establishment, the officer’s keen glance How correct was Grosch's reasoning and adr
| shad suddenly fallen on a loose plank Was proved less than 48 hours later He was
* lin the wooden wall beside the door. A When Detectives’ Malone and Smith mainder
sla bet ‘moment later he was ripping the plank went to a house on Philip Street to tentiary
The inside story of Deanna laway, and when he reached down intg -question a twenty-year-old youth who After
‘Didlia's marital wigan the: hollow section between’the two ey had learned was a frequent visi- taken to
| walls that formed the side of the tor at Dallao’s pool hall during recent station t
fe ‘building his right hand came into con~ weeks. And when this youth,’ red- could be
a oh ey wi bee pay soft. > caging gee hg fers = was taken before h
ee Hi ae -- It was a white pillow case, and inside $0 neadquarters the hrst person who
Who = gsi Christian the bas? Aa it were wrapped an automatic sawed- confronted him was Jacob F. Steckler, bs fi f
tery girl who broke up one of off shotgun and five revolvers. One of Patron of the lat & Bank who had life” hu:
Hollywood's most spectacular | the pistols had a nickel barrel and a been walking toward the front door of precinct
e sddiionad''. ~ white bone handle. © ) ‘the institution at the very moment There
; : ‘A At the Identification Bureau that when the bandits had pulled away of the a
* night the ballistics expert compared after the three hooded men had come self-slair
shells fired from the shotgun with the Twmning out with their weapons still would bi
~ Exclusive wedding pictures fof one snes left at. the pene re mee se Along roe th ‘ ta. to’ th f others’ t)
urders, His comparison left no.doubt | gers it iivbigg aed Aha
Dale Evans and Roy Rogers eee eet wane fromthe ‘same holdup, Steckler had been putting in oe”
a weapon. UP alternate shifts at headquarters so of guilt
at as : |} jTike fact that Anthony Dallao hat, Gah.de could joan are we as oacepe Dallao d
: ret already sworn that he’d: been in his list of suspects as they were broug t i
Gwenn Littlefield, prexy of the June } pool hall throughout the day -before— . in.. After. one look at slim, flaming-: seine” J
Allyson Fan Club is guest editor ad.not left it, infact, until he'd closed haired “James Cavanaugh, Steckler
‘ef YOUR FAN CLUB column and. locked the place for the night— pronounced with a note of positiveness
: -convinced the. detectives that he' must 1” his voice: Sem
* thave known when the weapons were ~, “that’s the man! The guy who was
placed: in the cache in the rear of the behind the wheel of the bandits’ car!”
Big, exciting color portraits of Joan =, uilding. No one,.they pointed out, » Cavanaugh, chosen as the driver of
Fontaine, Alan Ladd, Alexis Smith, could have entered except by the the car by the other members of the
ack ‘Canon. Vekoutes: Lake's d | front‘door..>.: . eens! gang because, he later told the police, |
on, eronica Lake an ~: Although any fingerprints left on the ¢ “They knew I didn’t have the guts to
your favorite crooner, Dick Haymes ° \weapons had’ been ‘carefully. wiped kill anybody,” proved their judgment :
wither’ 2 3 ; away, it was::soon learned that the when he confessed to his part in the
wes * shotgun had been stolen during a bur- ¢time within five hours after his arrest.
_ © |eglary of the Alker-Donovan' Hardware That the others had placed him in the
‘And on the cover--es you requested company in New Orleans more than | position of the one man who could be ae
y Seaia! tate Woke Alves twelve months before. «: 0: : positively identified, however, proved chief soc
: S ; “The Dallao brothers. and Cauche, . their lack of judgment in choosing him -eorrobor:
; | when faced with this evidence con- at all. ee : pepe
All this—and’ MORE—in the tinued to maintain their complete in- The three who had entered the bank, _ ted the 1
May ‘teuc'af m | nocence. Hours‘of grilling failed :to Cavanaugh confessed, were Celafu,. able subi
.. | break. them, and-detectives realized Cauche and Joseph “Baby Hace’ oe
ithat. thei best -hope of cracking the Ugarte, a -nineteen-year-old hoodlum incided \
M \case lay in rounding up the two other- Who was arrested at his home on St. neighbor
bandits believed to be still at large. Philip Street the following day. Cava- ports an
aeet Worby. Ahiattine, there was no doubt nave ayia i fs aD. of es eather ;
od cae in the officers’ minds that Cauche and , Stolen shotgun, claiming that. he’ .
oe ee local. newsstand =| Cejafu had been two.of the quartet loaned it to Anthony Dallao, the eee oe
——— | [who staged the actual holdup. . The: “brain” responsible for the planning of meeceent
: m= Successfullycorrested | (Dallaos, they concluded, had simply the holdup. |” rg
S _ \ or NO Cost! | Planned the job, supplied the weapons, With that weapon Celafu had fired th —
New painless, low’ | 2nd furnished a hi ing place for the . the shots which killed Dietrich and ey had
iat home treatuient perfected by REC; Rulers after they'd. made their get- ‘Rizen and seriously injured Brownson. mr his
ay ff ape ta 8 av | Bway. ei tai Cauche, who'd been splashed with ee aps
sdeaicatene at ores eh ens |-""In the meantime young Marc Law-__Dietrich’s blood, had been the man _ - gs th
FREE er. No Obligation. rence was ‘released from jail, along’ who had stood with a blue-steel re- F ear
DR. MOLZAHN'S CLINIC, Dept. H-13 with more than thirty others who'd volver besidé the actual killer. Ugarte Dr 4 r th
Box 135, McCook, Nebraska been picked up on suspicion. Law- had scooped the money from Brown- fid 9
rence, it was -eventually discoyered, 80n’s cage and put it in the white pil- predic ssi
had actually purchased the necktie lowcase. ; : Se
U |P ft ure durjng the fifteen-minute period while. While Cavanaugh was making his * cell
c | the*holdup and murders ‘were taking statement, physicians at Charity Hos- emus o .
Ak am 4 -enizaiff Do What Others Now Do— | Place. The tie which his mother er pital -announced that the wounded vietimn's |
+3 fy Wear a Form Fitting | given. him for Christmas’ the week- bank teller would recover. a ogi
é bs 4 “MILLER Truss | before! was one that looked like that ‘mg; rh .
, - Mibiel. powvides petural free- jhe’d shown to. Captain’ Daniels; ‘and HARGES of first degree murder T'll be “ab
oe ge reac wa hE ‘in her. excitement at her son’s arrest, [y were placed against Anthony Dal- autopsy.”
eee: cng, or fs ithe dane bt aie identifi ie ;jag gue the TOuE mote oe whom ry, =a
ou just cannot af- Men 965 aimee ~he’d-master-minded the holdup. The Si
a po without thie proteo- Persons who had: been -outside the «fact that Dallao was an 1 Heese mca both a Yeu
\Goaas Gus ouaeadas ome "bank ‘and had: seen the driver of the'.. before and: after the fact made him with Eyst
7 sult your before de. | bandits’ car wait there with the motor liable to prosecution as a principal. ‘the victin
, . aang | ori i while his: three.companions . His brother, George, was released after caretaker
descriptive circular. ‘Sent in plain, sealed,envelope.. ceareoter
, e gan a pe
spondenc
18 Two of

ee eer

»t more back in Parish Prison facing ariothet ~
uperin-* murder charge, and a year-after that’
vy after : he paid. with his life for the slaying of
“We've | a local ‘grocer: during another holdup
| 1. thana In the meantime, Cauche, Ugarte and
ndeve’ll eh Anthony Dallao continued to maintain
n who’s: . their innocence even in the fate of
the past y | fa Cavanaugh’s confession and the other.
le doubt evidence against them. Cavanaugh of-
cers, and . | fered to plead guilty and ask the mercy
‘e prob- of the court. Two months later he ap-
ere.” — eee: peared béfore. J udge William J. O’Hara
easoning | and admitted his part in the holdup.
irs later { He was sentenced to serve the .re-
d Smith | mainder of his life in the state peni-
Street to | tentiary at Angola.
puth who After the hearing Cavanaugh was
ient visi- taken to the Seventh Precinct police
ag recent station to be held until the other three’
uth, red- could be brought to trial. The week
vas taken before his erstwhile pals’ were sched-
rson who uled to appear in court, the youth who
Steckler, \ “didn’t have the guts to take a human
< who had ! life’ hung himself in his cell at the
at door of | precinct jail. . ,
moment . “There was some doubt in the minds
led away } of the authorities as to’ whether the
had come self-slain Cavanaugh’s confession
ipons still would be admitted as evidence at the
; } others’ trial, and for months they de-
ses to’ the layed while Grosch and his men
putting in worked to get more positive: evidence
aarters so of guilt. In the meantime. Anthony
. mounting Dallao drew a prison term for posses-
re brought sion of firearms and marihuana, and.
1, flaming- the other two defendants were given
.. Steckler ’
ositiveness

&
bieudle 4 ee

x Cig ae Wy Y 4
re ee Lae Say Tepe

long sentences for their participation |

in other recent burglaries.) in.

in cine tt was not until early in 1937,

when New Orleans police returned an
ex-convict from. California : to” face

trial on yet another murder charge, |~

that the. authorities were : fnslty ‘to
pring the’slayers of Dietrich and Rizan:
before Ju@ge Hall on the old cherey,
They were fully prepared now, for the
man ote brought from the. West
Coast, Witiam Adams, proved to have
been an old hanger-on at the Dallao
pool hall. -He’d been present during
the making of the plans for the rob-
bery of the Whitney Bank, and he.was
ijne to. go into court and -give ‘the.
evidence that would tie all three. to
the crime. .- i ee
Finally, during the first week in

- October of 1937,,the trio went on trial,

and after a hearing that lasted less
than four days.all were found guilty:
as charged, They were sentenced to
death by hanging, and on Friday, Jan- .
uary 14th of 1938 the trio was led. to
the gallows in the Orleans Parish
Prison. . :

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One by one Med took the measured
drop, which’ hi been .arranged by
Sheriff George Williams. One one
they paid for their slaying of Pierre
Rizan and Gilbert Dietrich.
Eprror’s Nore: The name of Marc
Lawrence is fictitious. é

\
\

who was
ndits’ car!”
ie driver of
bers of the
| the police,
the guts to
ir judgment
art in the
ar his arrest.
j him in the
-ho could be
sver, proved
choosing him.

HEADQUARTERS

DETECTIVE

chief “soon saw the futility of finding
_corroborative evidence.

Meanwhile, Fallon and Young visi-
ted the lighted houses i the fashion-

ced cara - able suburban section and took stories
vere Pa rt from three other persons. And all co-.
por lor : incided with that of Eyster’s nearest
old hoo St. neighbor. All had heard two loud re-
home G. : ports and looked out to see a disap-
ig day. ine . pearing car. There may have been an
ship of ‘a earlier muffled shot, each said, but
ig_ that. oo % none of them would admit, hearing it
Dallao, t . sufficiently to identify it. :
ye planning Of Gathered in the slanting downpour
rh on that May morning two hours after
iafu had fire : they had been summoned, Chief Avery
Dietrich an and his homicide men admitted that
ced Brownson. ! perhaps the case wasn’t so open. and
splashed with shut as they, had first considered.
yeen the man The arrival of the undertaker’s wag-
blue-steel ro i on for the body and the departure of
_ killer. Ugarte ' Dr. Jones broke into their study of the
from _Brown- evidence. The . medical -examin
the white pil-_ promised to hold a post-mortem \in
i $ Quincy later that morning. © 4: °.
as making his “Pye discovered evidence that indi-
t Charity Hos- { cates a blow had been struck on the
the wounded . vietim’s head,” he said. “It ma have
ver. ‘been. the butt of the gun, or the girl
may have sustained it when she fell.
degree murder oer! be able to tell definitely after the
t Anthony Dal- autopsy.” .
juths for whom hie ‘After a guard had been posted out-_
he holdup. The Side the cottage, Chief Ave , Fallon
1 accessory both t and Young returned ‘to headquarters
fact made him — with Eyster and the letters taken from_
as a principal. . , the victim’s purse. Having placed the
as released after . caretaker in duress as a. suspicious
yssession of the character, the three investigators’ be-
L hall. oe gan ‘a pétusal of the victim’s corre-..
ge ges : spondence. O ice
i remain Lee SA bi ON
Pion later he was Two of the letters had been written

4
cd

COME UP AND KILL ME..

CONTINUED FROM PAGE 19.

wt ra

; eh: ‘ : ‘
to the girl by a man who signed him-
self “Jack Barton.” Each had -. been .

mailed from the Charles Street jailin
Boston some time before.. - -

“This fellow may: have been one of
the men Eyster. saw at the window,”
Avery ventured, “He’ll stand checking.,
All the neighbor witnesses are repu-

table. They all heard two shots; one of®:

them heard three. We have to.take.
Eyster’s story at. face value. until. we
learn differently. Start checking Bar-
ton immediately.” iP

ALLON and Young left for Boston,
eighteen miles, away, before day-
break and. waited at the, Dudley

Street Precinct Station for the artival
of its detective force. At 8 o’clock,

' Special Officers Leo V. Devlin, Joseph

F. Cullinane and Arthur O’Shea ar-
TAVORS Cpe S ate ab eee

The Boston’ officers quickly .ascer-
tained -Barton’s current- address and

_ found that he was-no longer incarcer-

ated. Shortly. after 8:30. the. five de-
tectives called at his home and found

_the man in bed. :

“Where were you last night?” Fallon

- demanded without preamble. Let’s

have. it, straight. We'll find .out, any-
wale p awe TCS 1 hernia eae ed! tet

_ Barton, resented. the early morning
intrusion and showed it. “What the
‘hell’s this about, anyway?,” he owled.

“JT was at a.cafe with a girl friend.

Z tlek th6re shortly after one and'came
~ ho ’ 5 * : eo eee

me.” ihe FE casas Beef
“And who ‘was. the ‘girl. friend—
Monica Foley?” Fallon asked.
“Sure, but how did. you. know?”
Barton was genuinely surprised 2)
“ Say pape ee wned

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; : Pierre Rizan, right, was the first shot down. Charles
Dietrich, at left, was wounded after he saw his son slain.

But there came a night when the blonde’
“him went unheeded, as the detective wak
surreptitiously slip something to the youthtt

i ie a

the articles of clothing in front of the
chief and Grosch. _

“Have you traced the car?” Reyer
asked.

“Stolen. It belongs to a merchant
on Carial Street who parked it near
his store when he came to work this

“morning.”

While Reyer and Grosch examined
the hoods and robes, fingerprint men
from the Bureau of Identification were
sent to search the get-away car, which
it unquestionably was, for possible
fingerprints and other clues the ban-
dits might have left behind in their
hurried flight.

The four exploded shells Reyer had
picked up in the bank were in the
hands of Maurice O’Neil, the police
ballistics expert, but there was little
chance they would prove of value un-
less the murder weapons were recov-
ered.

Reyer’s only hope lay in the possi-
bility an arrest might be made. for
some other crime and one of the guns

STARTLIN

Novemb

ral
ig

we,

: \ ~- io Checufef “OM CLI GID.
74 823 FEDERAL REP

ws ORTER, 2d SERIES

vested in the personal representative.
Wheeler v. Hartford Accident & Indemni-
ty Co.,; 560 S.W.2d 816, 819 (Ky.1978).. As
noted above, whatever claim for wrongful
death that Tennimon or her minor children
possess must be based on Kentucky law.
Because Tennimon’s children had no claim
for wrongful death under the Kentucky
wrongful death statute, the Texas statute
suspending limitations during infancy does
not aid them.

view of the cases relied upon by our sister
circuit and cited to us by the parties leads
us to conclude that Tennimon’s position is
unsupported by Kentucky law.’ Tenni-
mon’s failure to qualify as the personal
representative of her husband’s estate did
not toll the running of the statute of limita-
tions under Kentucky law. Instead, the
result is that, under Kentucky law, the
statute of limitations barred Tennimon’s
wrongful death claim one year after the
[6] Tennimon also contends that be- death of her husband. Hence, we reject
cause she did not qualify as a personal Tennimon’s argument that the minority of

representative until September 23, 1985, her sons operated to suspend the statute of
the statute of limitations was tolled under imitations under either Texas or Kentucky

Kentucky law in favor of her minor chil- jy
dren until she received letters of adminis-
tration. The Sixth Circuit recently had oc- IV.
casion to review Kentucky jurisprudence
on this subject. That court summarized
Kentucky law as follows:
It has been a long-standing requirement
that the [wrongful death] action must be ae
filed by the legal personal representative
of the estate within one year. Louisville
& Nashville R.R. Co. v. Brantley’s Ad-
ministrator, 106 Ky. 849, 51 S.W. 585
(1899). Further, if no valid personal rep-
resentative is appointed within one year
of the date of death, any action for v.
ee cry Z weg Hilton BUTLER, Warden, Louisiana
580, 172 S.W. 1060 (1915). However, if a Bnei yee Te 2
personal representative is appointed ‘ .
within one year of the date of death, he No. 87-4536.
then is granted one year from the date of United States Court of Appeals,
his appointment to file suit. If no suit is Fifth Circuit.
July 18, 1987.

For the above reasons, the judgment of
the district court is AFFIRMED.

KEY NUMBER SYSTEM

4yms

Willie Lawrence CELESTINE,
Petitioner-Appellant,

filed within that time, the action for
wrongful death dies. Brantley’s Ad-
ministrator, 106 Ky. at 854.
Drake v. B.F. Goodrich Co., 782 F.2d 638,
641-42 (6th Cir.1986). Our independent re-

Inmate, under sentence of death filed
petition for writ of habeas corpus and stay

7. Tennimon cites this court to the case of Louis- only indirectly supportative of Tennimon’s posi-

ae eee IS er eA Rn ee er ne ee

ville & N.R. Co. v. Sanders, 86 Ky. 259, 5 S.W.
563 (1887), in support of her argument. Sand-
ers, however, is distinguishable from the case
sub judice because, as the court's opinion in
Sanders makes clear, at the time Sanders was
decided the right to bring a wrongful death
action was not vested exclusively in the personal
representative of the deceased, but was instead
vested in “the widow, heir, or personal represent-
ative.” See id. at 261, 5 S.W. at 563. As noted
above, Tennimon’s sons have no cause of action
for wrongful death under Kentucky law. Fur-
thermore, the opinion in Sanders is, at best,

tion. In Sanders, the court held that limitations
ran against the minor children of the deceased
when the qualified personal representative
failed to sue within the statute of limitations.
Id. at 264, 5 S.W. at 565. Tennimon reasons
from this case that where there is no qualified
representative who can maintain the wrongful
death suit, limitations do not run against the
children of the deceased. This argument as-
sumes, of course, that the decedent’s children
have a cause of action for wrongful death under
Kentucky law. Such is not the case, however.
Hence, we reject this argument.

+2<- we SRN 8 Ors 8 6 wre ca,

METRONEWS Wew Orleans Foam es-

Suuday 7-/?-F7

From statf and wire ceports

Willie Celestine lost another
round in his fight to avoid execu-
tion in Louisiana's electric chair
Monday when the 5th USS. Cir-
cuit Court of Appeals on Satur-
day rejected his request for an
appeal.

His arguments to stop the exe-
cution are “ingenious, but con-
tent is wholly lacking,” the court
aid

Celestine, 30, was condemned
to die fur the 1981 murder of
Marcelianne Richard, 81, whose

Sody was found in her Lafayette :

Parish home.

Attorney Millard Farmer had
asked the court to delay the exe-
cution to give a human tights
organization time to review
Celestine’s case. Farmer is
expected to ask the U.S, Supreme
Court for a stay of execution.

[In addition, Farmer said a
request from the {uter-American
Commission on Human Rights
requesting the stay is still before
Gov. Edwin W. Edwards.

The commission, a part of the
Organization of American States,
sent telegrams to Edwards and
Secretary of State George Shultz,

asking that Celestine’s execution
be haited.

“Tt is very unusual for the
Inter-American Commission on
Human Rights to hear a coin-
plaint of this nature; it’s very
unusual to seek the relief that
taey're doing,” Farmer said.

Burt Lockwood, a law profes-
sor at the University of Cincin-
nati, said the international com-
inission asked for the reprieve to
hear arguments that executions
ir this country violate interna-

Mh
GY

tional human rights agreements
because blacks are more likely
than whites to be sentenced to
death, especially if their victims
were white. Celestine is black,
and his victim was white.

In his opinion for the three-
judge panel of the federal appeals
court, Judge Jerre S. Williams
rejected the claim that Celestine’s
death sentence violates interna-
tional agreements.

“The argument is ingenious,
but content is wholly lacking,”

Williams wrote.

The U.S. Supreme Court has
already rejected the argument
that the variation in sentenving
rates between whites and blacks
is in and of itself grounds to
throw out a death sentence.

Celestine is one of three Loui-
siana men sentenced to die this
month.

Willie Watson, 31. of New

W stata Cc -3

Appeals court rejects condemned killer’s plea

Orleans is set to die early Tues-
day for the 1981 tape and murder
of ‘Tulane University student
Kathy Newman in St. Charles
Parish.

John Brogdon, 25, also of New
Orleans, has been ordered to die
early July 30 for the Tape and
murder of 11-year-old Barbara Jo
Brown.

—

Smeeheases sia ttt tbe Za

UNAS ABI We MT occas

Killer Put to Death

In Louisiana’s
Electric Chair

. Associated Preas
‘Angola. La.

Willie Lawrence Celestine, who

‘confessed that he beat, raped and
$trangled an elderly woman, was
executed last night in Louisiana's
‘electric chair.

Celestine, 30, was pronounced
dead at 10:27 p.m. PST at Louisiana
‘State Penitentiary.
. He had been condemned for
the murder of Marceliane Richard,
“B81, of Lafayette Parish on Sept. 13,
“4981.
i Celestine was the 12th person
‘Pxecuted in Louisiana and the 84th

_+4n the United States since the Su-

reme Court lifted its ban on capital
punishment in 1976. pe 20

«=

National News

rs q

KILLER EXECUTED: Willie Law-
rence Celestine, who confessed
that he beat, raped and strangled
an 81-year-old woman six years
ago, was executed in Louisiana’s
electric chair early today. Celes-
tine, 30, was put to death at Louisi-
tna State Penitentiary in Angola,
La., for the brutal 1981 murder of
Marceliane Richard of Lafayette
Parish.

@e San Jose Mercury News m Monday, July 20,1987 7A,

HZ Louisiana execution: Willie
Celestine, convicted of the rape and
murder of an 8l-yeur-old) woman,
was executed at the Louisiana State

- - -

Rape-killer apologizes before execution

Associated Press

Saa Francisco Qhronicte

Monday, July 20, 1987

Penitentiary early Monday. Before
his death in the electric chair, Celes-
tine apologized to his victim’s family,
told his relatives he loved them and
said, “I sure am sorry for what I
done.”

— Compiled from staff and wire reports

*& Monday, July 20, 1987 A-5

San Francisco Examiner

“ANGOLA, La. — A man who
raped and strangled an 81-year-old
woman apologized to his victim’s
family as he went to the electric
chair Monday.

*- Willie Celestine, 30, became the
84th person executed nationwide in
the past decade and the fifth in
Louisiana since early June. Two
niore executions are scheduled in
Louisiana for this month.

-:Death-penalty opponents and
supporters had thought all execu-

hold by a U.S. Supreme Court
decision last month to look at
another challenge to Louisiana’s
death-penalty law.

However, the court declined Sun-
day to hear Celestine’s case, and the
execution was carried out at 12:20
‘a.m. as two grandsons of Celestine’s
victim, Marceliane Richard, looked
on.

“I'd just like to tell the Richard
family that I’m very, very sorry. I
hope in their hearts they can
forgive,” Celestine said before the
execution.

As he was strapped into the
chair, he mouthed the words “I love
you” to his lawyer, Millard Farmer
of Atlanta, and to Sister Helen
Prejean, an activist against the
death penalty.

Gov. Edwin Edwards, who has
consistently refused to intervene in
death-penalty cases, rejected an
eleventh-hour plea for a reprieve to
allow Celestine a hearing before the
state Pardon Board.

Celestine said he was drunk and
“full of speed” when he raped the
Richard woman, broke her neck and
seven of her ribs, and strangled her.

fions in the state might be put on

~
a
~

"AG THE ARIZONA REPUBLIC TUESDAY, JULY 21, 1987

TENNIMON vy. BELL HELICOPTER TEXTRON, INC. 73
Cite as 823 F.2d 68 (5th Cir. 1987)

1981, writ ref’d n.r.e.) (in property damage
case, limitations run from date the injury is
discovered, not from the date of discovery
of the responsible party). Based on the
clear language of section 16.003(b) and the
above authorities, we hold that limitations
in this case began to run on March 28,
1973, the date that Tennimon’s husband
was killed.4 The district court was there-
fore correct in holding that, under Texas
law, Tennimon’s claim for the wrongful
death of her husband was barred by limita-
tions.°

B. Tolling for Minors Under Texas and
Kentucky Law

[5] Tennimon also argues that, assum-
ing that limitations operate to bar her

4. Although, as noted above, the parties appar-
ently do not challenge the district court's con-
clusion that the Texas statute of limitations ap-
plies to this case, we note that the Florida courts
do not extend the discovery rule in wrongful
death cases to the plaintiff's discovery of the
cause of action. See, e.g., Walker v. Beech Air-
craft Corp., 320 So.2d 418, 420 (Fla. 3d DCA
1975), cert. dismissed, 338 So.2d 843 (Fla.1976).
Similarly, it is the Kentucky rule that limita-
tions in wrongful death cases run from the date
of death. See Farmers Bank & Trust Co. of
Bardstown v. Rice, 674 S.W.2d 510, 512 (Ky.
1984). See also W. Keeton, D. Dobbs, R. Keeton
& D. Owen, Prosser and Keeton on the Law of
Torts § 127, at 957 (5th ed. 1984) (noting that
the majority rule is that limitations in wrongful
death actions begin to run on the date of death

and that courts so far have rejected applying the |

discovery rule to wrongful death actions). Ten-
nimon’s claims, therefore, would also be barred
by limitations under both Kentucky and Florida
law. Hence, to the extent that Texas law re-
quires that a plaintiff proceeding in Texas
courts under a foreign wrongful death statute
have a viable cause of action under the foreign
statute at the time that suit is filed, the bar of
limitations under Kentucky and Florida law
would operate to bar Tennimon’s claims in a
Texas court or in a federal court applying Texas
choice-of-law principles. See Rosenberg v. Celo-
tex Corp., 767 F.2d 197, 201-02 (5th Cir.1985);
Cox v. McDonnell-Douglas Corp., 665 F.2d 566,
571-72 (5th Cir.1982); Click v. Thuron Indus.,
Inc., 475 S.W.2d 715, 716 (Tex.1972); Francis v.
Herrin Transp. Co., 432 S.W.2d 710, 712-13 (Tex.
1968).

5. Although Tennimon has apparently aban-
doned her argument before the district court
that the doctrine of fraudulent concealment op-
erates to toll the running of limitations in this
case, we address it briefly for the sake of com-
pleteness. The Texas Supreme Court recently
summarized the law of fraudulent concealment

claims, they do not bar the claims of her
minor sons, which are tolled during the
period of their minority under either Texas
or Kentucky law.* We agree with the dis-
trict court that the Texas tolling statutes
are not helpful to Tennimon’s case because,
under the substantive law of Kentucky,
Tennimon’s minor sons have no cause of
action for wrongful death; instead, Ken-
tucky’s wrongful death statute vests the
right to bring suit exclusively in the per-
sonal representative of the decedent. See
Ky.Rev.Stat.Ann. § 411.180(1) (Mi-
chie/Bobbs-Merrill 1972). The Kentucky
courts have frequently and consistently
held that the right to bring an action for
wrongful death in Kentucky is exclusively

in the context of a medical malpractice action.
It stated:

Fraudulent concealment is based upon the
doctrine of equitable estoppel. In the proper
case, invocation of fraudulent. concealment
estops a defendant from relying on the statute
of limitations as an affirmative defense to
plaintiff's claim. Where a defendant is under
a duty to make disclosure but fraudulently
conceals the existence of a cause of action
from the party to whom it belongs, the de-
fendant is estopped from relying on the de-
fense of limitations until the party learns of
the right of action or should have learned
thereof through the exercise of reasonable
diligence.

Because the physician-patient relationship
is one of trust and confidence, Texas recog-
nizes a duty on the part of the physician to
disclose a negligent act or fact that an injury
has occurred. Failure to disclose in such situ-
ations constitutes fraudulent concealment
which will prevent the wrongdoer from perpe-
trating further fraud by using limitations as a
shield.

Borderlon v. Peck, 661 S.W.2d 907, 908 (Tex.
1983). As Borderlon makes clear, the mere fail-
ure to disclose a cause of action will not consti-
tute fraudulent concealment unless there is a
relationship of “trust and confidence” giving
rise to a duty to disclose. Tennimon has alleged
no such relationship in the instant case. Hence,
the district court’s grant of summary judgment
was proper as against Tennimon’s contention
that the doctrine of fraudulent concealment op-
erated to estop Bell from relying on the statute
of limitations.

6. For the Kentucky and Texas statutes which
suspend the running of limitations during infan-
cy, see Ky.Rev.Stat.Ann. § 413.170(1) (Mi-
chie/Bobbs-Merrill 1972); Tex.Civ.Prac. & Rem.
Code Ann. § 16.001(a)(1) (Vernon 1986). —

224 The Louisiana Historical Quarterly

January 10, 1748. On information given

No. 1134. by one Charlot called Cakaracou, con-
demned by decree of the Council to be this
After conviction and day broken on the wheel after pardon
ne ee ro asked with the “torch” in hand, his judg-
confession, in which he ment having been read to him, the Rev. F.
names Pierrot, another 7 3 4 ‘ ‘ ‘ ‘
slave, as his Mathias, Capuchin priest, being with him
accomplice. sent word that he had accomplices to re-

veal in the assassination he committed,

which obliged Commissioner Nicolas Chau-
vin de la Freniere to go to the Criminal Chamber of the Prisons
to receive his confession. Charlot was sent for and he came
accompanied by the Rey. F. Mathias, and declared that coming
back from looking over his traps from the depth of the ‘‘desert”
(wood), he found a negro cowherd of Mr. de Belleisle, named
Pierrot, who said to him:. “Come with me; there is a little
Frenchman who picked a quarrel with me: we will go into the
cabin; we shall find some potatoes to eat. Coming back to-
xether, thev found this same Frenchman and both fell upon him,
that whilst he, the accused, held him by the feet, he gave the
same knife to Pierrot that was shown, who stabbed him with it
several times; that they were both together when the murder
happened. The said Pierrot went home and he also to his
cabin.” After advising him not to accuse another falsely, that
he should consider himself as a man about to leave this world,
and that it would be adding to his crime, he reiterated that it
was true, that if he had not said it, he did not expect to die, but
as he saw that he was to die, he thought himself obligated to
reveal the truth; which obliged us, though it was three o’clock,
to send for Pierrot to confront him with Charlot, who took the
oath to speak the truth. Pierrot, after oath, told us that he was

a slave of Mr. Belleisle, of the Bambara

nation. that he is baptized, and is about

forty-five years old. He knows Charlot
Pierrot is brought

forward to be confronted well, and Charlot’s declaration having
40 lr aa been read to him, he said that he had not
accomplice. beaten the Frenchman, that on that day

he had minded his cows. Charlot main-

tained that his declaration was true, that

he had even taken the knife from the hands
of Pierrot; that on the day of the murder Pierrot was hunting
for a lost cow, where his traps were set. Pierrot wore a dark
vest on that day and the coat he has on now. Pierrot said it was
all false; Charlot, that when he hid his sister in his cabin he
always denied it to his Master, M. Raguet. He is a Bambara
and he always lies. They maintained each one what they ad-
vanced, Pierrot telling Charlot that if he had to die alone, there
was no reason to make others die, who had done nothing with

sieiieeen tinieddinadieeniaanedtiteeiemnammame

“i Ri oa be SE

him
In t
not

Super
arrest
of Pi
he m:

pris:
Cha
Jani

No.

Interr
before

Belli
bapt
Com
assa
slave
all ¢
it is
coat
was
dav

had

he h
his |
had

orde
they
Chat
he
was

lot w
he ¢)
edge
Dar}
But

Mast
who

abi
not »
who .

Records of the Superior Couneil of Louisiana 225

him. Said Pierrot was condueted to prison, and Charlot left
inthe hands of Father Mathias. They declared that they did
not know how to write. Signed: Lafreniere. ;

i The Council. composed of Mr. de Vau-
7 dreuil, Governor: Mr. Le Normant, First
te gl sak Mitch Councillor; M. de Benac, Major; de la Fre-
e( Pierrot, in order that niere, Commissioner; Prevost, called in to

‘he may be interrogated.

complete the number of judges, after tak-
ing coenizance of the declaration of Char-
lot called Kacaracou, of his confrontation
with Pierrot, decreed the arrest and im-
prisonment of Pierrot to be interrogated. Given in the Council
Chamber at two o’clock in the afternoon on the tenth day of
lanuary. Signed: Lenormant; Vaudreuil; De Benac; Prevost.

January 11, 1748. Interrogation of the

No. 1186. negro Pierrot, at 8 A. M., before Councillor
| Nicolas Chauvin de la Freniere. in the
| {sterrogation of Pierrot Criminal Chamber of the Prisons. in the

iefore Lafreniere.

presence of the Greffier of the Couneil,

After oath, he said that he belonped to M.
Nelleisle, he is named Pierrot. of the Bambara nation. has been
vaptized, and is aged about forty-five years. He said that. the
“ommander of M. Belleisle told him that a Frenchman had been
issussinated., and that they said it was by one of M. Racuet’s
Javes. On the day it happened he was in his Master’s desert
il day rounding un his cattle. He did not dine on that day, as
tis usually at night that he cooks his meals. He has no other
oat but the one he is wearing, and no vest. Asked whence he
vas coming on the day that Charlot met him in the wood. the
‘av that the Frenchman was assassinated, he answered that he
‘tad not seen Charlot for a month, and that it is as long since
he has sought his cattle in the wood, and he then had two of
‘is Master’s negroes to help him, and to bring back a cow that

rlot é ‘ad given birth to a calf. They went there by their Master’s
ving H ‘rders. He did not tell Charlot to come to his cabin, nor did
not ‘hey eat potatoes. He recognized the knife as belonving to

day “harlot, but that he never used if. The last time he saw Charlot
Wiln- ® was with several slaves of M. Raguet, splitting stakes. He
that vas with the above mentioned, Dossy and Gendarme. and Char-
ands ' ot wanted to sell him the wood rat he was skinning. for 30 sols;
ling ‘ ‘e offered twenty-five, which Charlot refused. He acknowl-
lark ‘dyed that about a year ago he had killed a cow that ate Mr.
wns Marby’s rice and always ran away. THe never comes to town,

— ‘at when he necds tobaceo, he then asks the money from his
Fin Master, and eives it to the negro who sells milk for his master,
5 cl. ‘he buys it for him. Asked if he had hidden Marianne in his

here abi. he said he fed her but once. Ne declared that he could
with ‘ ot write nor sign, and the interrovation is siened by Lofreniere,
, ‘ho ordered that it be communicated to the Procureur General.

Fae
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4

226 The Louisiana Historical Quarterly

January 12, 1748. Interrogation of the
negro Pierrot, at 2 o’clock in the afternoon,
on demand of M. Le Bretton, acting as Pro-
cureur General, by virtue of the decree of
arrest of the 10th of the present month, in
the Criminal Chamber of the Prisons, by
M. Chauvin de la Freniere, Commissioner on this case, in the
presence of the Greffier of the Council. The jailer brought the
negro and, after oath to speak the truth, he said that he was
called Pierrot, was a herdsman of Mr. Belleisle, that he is bap-
tized, is aged about forty-five years, and is of the Bambara na-
tion. Further questioning brought out that he has seen “catches”
(traps) in the wood, but does not know to whom they belong; he
saw these traps a long time ago, when he went to seek a lost
cow in the wood, and was with two others. On the day of the
murder he was in his Master’s field, as on every other day,
minding his cows; he said that in the morning he saw his Mas-
ter’s slaves working on the levee, that they went to dine at noon,
leaving him there with his fire; and he remained there turning
back his cows who tried to enter the wood, and holding them
in the desert. The Commander of his Master, called L’Eveillé,
said to him, “Come, Pierrot, let us go to dinner. He answered
that it was not his habit, that if he went to dinner his Master
would whip him, and he had never seen how he skinned him,”
The negroes had all gone to dinner. and he saw none of them
in the desert. When thev returned to work they found him
near his fire; he spoke to L’Eveillé, whom he asked to give him
a pipe full of tobacco, who gave it to him from his bag; that
said 1’Eveillé wished to give him an ear of corn to roast at his
fire, but he returned it saying that he had toothache and could
not eat it, that at night he would boil some “sagamité.” In-
terrogated as to what he ate in the course of the day, he an-
swered ‘nothing’, that he did nothing but smoke. Asked if
among the cattle of his Master there were none lost since twe
weeks, he answered ‘‘no’’, and that if he did not round them up
every dav in the park, that he would not sleep in his cabin, that
there would be four stakes prepared for him by order of his
Master; that he does not abandon his cows from morning to
sunset. To another question, he answered that he always kept
his cows in the desert and never let them roam into the woods.
The next day he was in the same place, doing his ordinary
work. Ie saw the slaves go to dinner and come back to work,
hut he did not leave his fire, which he left only to round up his
cows. lis Master was present in the park when he milked
three cows and brouwht the milk to his Master in his cabin. He
does not. know Charlot’s mother, but he met Charlot in the “last
warm weather’, when he went to the plantation of the mill te
buy « quarter of rice with Laurent, Commander of M. Raguet.
He has not gone to Charlot’s eabin: he is not a comrade of the
Creoles. Onee his Master had sent for him to speak to M.

No. 1137.

Second interrogation of
the negro Pierrot.

Ragu
ing’ ¢
slave
time,

Examin:
Pierrot’:
to see j
any fre

(
King.

No. 1]

Inquiry

Interrog.
Geroud,
of Bellei:

Pierro
ing on
of M.
at one
evenin
negro
that hy
order «
away,
that he
water’:
murde:
desert,
which,
write
O1
Lafreni

No. 1123

Council re
judgment

ample into
against Pj

jor; de
eureur

ion of the
ifternoon,
ng as Pro-
decree of
month, in
risons, by
se, in the
‘ought the
at he was
he is bap-
mbara na-
‘catches”
yelong; he
eek a lost
day of the
other day,
vy his Mas-
.2 at noon,
re turning
ding them
L’Eveillé,
answered
iis Master
med him,”
«of them
found him
“ea him

. that

rast at his
and could
nite.” = In-
iay, he an-
Asked if
since two
id them up
cabin, that
‘der of his
morning to
Ilways kept
the woods.
's ordinary
‘k to work,
sind up his
he milked
cabin. He
in the “last
the mill te
M. Raguet.
rade of the
weak to M.

wo
fs
a
*
m
4
2
;
eS
4

Se eR,

Ss
Fe

be ee ee 2 eh ace ae

ea an aS PR ent

aie 2

Records of the Superior Couneil of Louisiana 2at

Raguet aboul his runaway negress, as he was suspected of hav-
Ing given refuge to said negress who ran away with -Larose, a
slave of Mr. Caron. He has belonged to M. Belleisle for a long

i Aime, since the war with the Natchez.

Then they examined the body of said
Pierrot to see if he had any contusions, and
noticed nothing. The present interroga-
tion being read to him, he persisted in the
answers given, and declared that he could
not write.

Signed: Lafreniere.

Order to communicate to the Procureur General of the
King. Signed: Lafreniere.

January 13, 1748. Inquiry made by
Councillor Nicolas Chauvin de la Freniere,
on demand of M. Le Bretton, against Pier-
rot, slave of M. Belleisle. Covers three
and one-fourth pages. Signed: Lafreniere.

Jean Geroud, another Bambara slave
owned by M. de Belleisle, was then inter-
rogated. He said that he was aged about
thirty-four years, had been baptized, and
promised to tell the truth. Tle had no
knowledge of the murder, and stated that
Pierrot, the herdsman, had been with the cows the whole morn-
ing on the side of de la Pommeray’s plantation, where the slaves
of M. Belleisle are digging « ditch. They came back to work
ut one , M. and found Pierrot still there. He dines late in the
evening, giving as his reason that he gives his ration to the
negro cook, as he does not dine but eats in his cabin at night;
that he lost a cow about a month ago, and that Daussy went by
wrder of his Master to seek Pierrot, who they thought had run
away, as he had not been at his cabin since four days. He said
that he had then seen M. Raguet’s negroes making stakes on the
‘vater’s bank. Asked if he had seen Pierrot on the day of the
murder, he said that he had seen him all day in his Master’s
desert, and he saw him likewise bring his cows back to the park:
which, he said, is all he knew and he declared that he could not
Vrite nor sign. The document is signed: Lafreniere.
SY Order to communicate to the Procureur General.
“afreniere.

Examination of
Vierrot’s body,

to see if he had
any fresh. wounds.

No. 1188. 614 pp.

inquiry against Pierrot.

Interrogation of Jean
‘seroud, another slave

of Belleisle.

Signed:

January 27, 1748. Judgment Rendered
for more ample information against Pier-
rot, in session of the Couneil of that date,
where were present MM. de Vaudreuil,
Governor; Le Normant, First Councillor:
D’Auberville, just received; de Benac, Ma-
or; de la Freniere, Councillor; and Le Bretton, acting as Pro-
ureur General of the King. Mr. Le Bretton, acting Pro-

No. 1189,

feuncil readers
wdgment for more
emple information
rgainat: Pierrot.

TT oUTTerareEyy

TRAVELER—
Arrow points to sailor, home from the
sea to join his pals in a murder trial.

amp te

—_—~

a. ——

wae

(Dallao provided weapon in this unrelated ede and shared in the

proceeds of the robbery.

CASHIER—
James Douglas Acomb dropped a money
bag, got lead slugs for his trouble.

T-DID not, seem. a rehearsal for
murder. The early-September sky
was sunny overhead and people—
most people—moved through New
Orleans’ streets, bound on prosaic

errands, without a thought of blood-
shed or mayhem.

Such a one, certainly, was portly,
fortyish James Douglas Acomb, who
emerged briskly from the newspaper
business offices of the New Orleans
Daily States. Neatly dressed, the
minor-executive type, he was carry-
ing a small brown leather satchel in
his right hand.

A long, black limousine snuggled
noiselessly against the curb in front
of 900 Camp street. A chauffeur
hopped out, opened the back door.

i . Acomb tenderly deposited the satchel
on the seat and prepared to follow it
into the car. .

Just then he noticed the slim, nat-
tily clad youth who caught his eye
and stood suddenly at attention, half
a dozen paces away. Acomb vaguely
remembered having seen the youth
before, and when the latter politely
tipped his dark felt hat he nodded
briefly in reply.

A moment later the car sped off
‘and Acomb spoke to the Negro chauf-
feur. “That lad’s face seems familiar,
but I can’t quite place him. Work
with us, does he?”

“Pye seen him too, but can’t re-
member just where, Mister Acomb.”

Later Butrell Townsend, the 39-
year-old chauffeur, was to recall that
brief conversation and try desperately
to remember when and where he’d
ever seen the slim youth before.

Besides the polite youth in the natty
sports jacket there had been others
who watched Acomb’s exit from the
newspaper office that, morning. Some
hundred feet down the street, near
the intersection of Camp and Julia,
had stood two other young men half
hidden in the doorway to a small
shop. While’one of them had watched
the departing limousine, the other
had kept his eyes. on two uniformed
police strolling down Camp street.

estaba abl iinet se Rina rad alae! hee

Twenty minutes later the black
limousine was back in front of the
newspaper offices. When Acomb
alighted to reenter the building the.
leather satchel he carried appeared
to be considerably heavier than it had
twenty minutes before. The cashier
of the States entered the office, the
door swung shut.

This was on Monday, September
3, 1927.

N THE morning of October 3, when
James Douglas Acomb again left
the States office at ten minutes

before ten o’clock, the two men who
had watched him nod to the third
youth were again at their station
across the street.

‘On this day it was raining heavily
and the pair were inconspicuous in
a group of people who'd ducked into
the shelter of a canopy in front of
the building.

During the twenty minutes after
the departure of the limousine one of
these men slipped from the crowd
and made his way to a green Ford
coupe parked a block and a half dis-
tant, in front of the Stewart Brass
Foundry at 527-31 St. Joseph, between
Camp and Magazine streets.

The other, however, did not move

De TEC TIVE
FEBRUARY LIAVE

Cashier Acomb’s trip with a $5,000
; pay roll came to an abrupt end here.

“ x 5 Rb MPR 5) ee ee
MAF MSE IS 5 is et ene

until he saw the return of the black

limousine. Then, just as Acomb was
about to step out, this youth pushed
his way through the crowd. In his
right hand was a small blue-steel
revolver.

Seconds later James Acomb felt the
impact of that revolver’s muzzle in
the small of his back. He heard the
hoarse whisper of the gunman’s voice:

“Drop it, Mister! Or I'll blow your
guts out!”

Acomb, a man weighing more than
two hundred. pounds and in the prime
of life, swung about to see a pasty-
faced youth half his size. The cashier’s
eyes went from the gunman’s face
with its shifty small eyes and tight-
drawn lips to the revolver in his
trembling hand. Without a word he
dropped the satchel to the wet pave-
ment. As the other reached forward
to recover it the cashier took a back-
ward step. He was taking no ch®nces.
He recognized the _half-hysterical
panic in the youth’s black eyes, real-
ized that a sudden tautening of the
muscles which controlled those ner-
vous fingers could mean instant death.

Then, as the other picked up the

satchel and turned away the big man
stepped out. Whether he intended to
follow and attempt to overcome the
gunman or was simply bent on rush-
ing into the office to which he’d been
taking the $5,000 pay roll that morn-
as * will never be known. .
or, in the split second that Acomb’s
big frame moved across the pavement,
the other man turned back. Two shots
rang out in rapid succession as his
slim finger tightened on the trigger.
The cashier’s body slumped to the
sidewalk and a slowly spreading stain
of crimson showed against the rain-
darkened gabardine’ of his topcoat.
The gunman fied down Camp street
toward St. Joseph. The wounded man
painfully rose to his feet and managed
to stagger inside the newspaper office.
Across the way, Maggie Maples, an
elderly newsstand operator whose at-
tention had been attracted by the
sound of gunfire, took careful note of
the fleeing man’s appearance. The

Negro chauffeur, who from the first

had sat wide-eyed before the wheel
of his limousine, also tried to fix the
man’s appearance in his mind.

And Johnny P. Glynne Jr., a 16-

GUNMAN—
Man shown above actually fired shots
in daring’ daylight pay-roll robbery.

year-old boy who was on his way to
the newspaper office that morning,
noted that the gunman turned into
St. Joseph and ran on to a small coupe
parked halfway down the block. At
the wheel was another young man in
nis shirtsléeves. The moment his com-
panion leapt in beside him he had
the machine in motion.

Johnny Glynne pointed to the
speeding car as the limousine’s motor
revved to a roar and the big machine
came racing down Camp street. j

“That’s them!” the boy cried as
Townsend swung the limousine into
St. Joseph street.

At the same time Johnny Glynne
methodically took from his pocket a
small notebook. and pencil. He listed
the number of the getaway car: Mis-
sissippi License 77-974.

Townsend lost track of the Ford
coupe in a traffic jam at Tchoupitoulas
near Celeste street. When last seen
it was heading toward the Mississippi
river, :

Back at the newspaper offices, A. J.
Smith, who had been stacking papers
when Acomb staggered in, had put
through an immediate call for an
ambulance from Charity Hospital.

wenty minutes later the injured man,
a .32-caliber bullet through his right
pelvis, was carried into the emergency
ward.

There Acomb died an hour later
without regaining consciousness,

EANWHILE Superintendent of Po-

lice George Reyer had dispatched

a score of uniformed police and
detectives to the scene, under the
direction of Detective Chief John J.
Grosch.

An immediate check against records
of the State Automobile License Bu-
reau in adjacent Mississippi revealed
that the car used in the getaway was
listed to one Henry G. Chastain, of
1315 Josephine street, in New Orleans.
Twenty-four hours before, the ma-
chine had been stolen from in front

DRIVER
This man drove stolen getaway auto
for the gang, netted life in prison,

of a business firm on Camp street,
less than two blocks from the scene
of the robbery and murder. :
Although both Townsend and the
Glynne boy had been able to obtain
a good description of the killer,
neither remembered having seen the
youth before. Maggie Maples, how-
ever, recalled that twice during re-
cent weeks the man had stopped at

. her newsstand and purchased papers.

“I remember him because both
times it was at about ten o’clock on
a Monday morning and after he
bought his paper he walked to‘a door-
way down the street and stood there
staring off toward the States offices.
Both times he waited about half an
hour, then walked back past my stand
and tossed his paper in front of me,
unopened and unread.”

“Say anything to account for his
unusual conduct?” Chief Grosch in-
quired.

PATIENCE—
Detective Captain Frank Lannes beat
out killers in the endurance contest.

“Not a word. But I took a good
look at him. For I wondered at the
time what he could be up to. Thought
he was probably waiting to meet
someone who disappointed him.”

Mrs. Maples described the gunman
as being about. nineteen or twenty
years of age, a slim, pimply-faced
youth with heavily brilliantined hair
and shifty dark eyes. On each of
the three (Continued on page 41)

NERS Re we tenn

{

. soe ll ose
A day and top court separate
st r)
Ss ki {r h
old woman's killer from chair
! i tt 73, who have = one took place the week before.
| Safe coeur, A Elsi ae

With only a day separating
him from the electric chair, Willie
Lawrence Celestine waited
Thursday for the U.S. Supreme
Court to rule on the appeal that
could be his last hope of escaping
execution. ©--.' ”

Celestine, 28, is scheduled to
die early Saturday: morning for.
the September 1981 murder of
80-year-old Marcelian Richard of
Lafayette. Richard was raped and

' beaten to death.

Gov. Edwin W. Edwards said
Thursday that he will not grant
Celestine a reprieve to apply for a
Pardon Board hearing. He said

to apply in advance.

Pardon Board |
Howard Marsellus said Thursday
that he will schedule one Friday
afternoon if asked by
attorneys.

In the petition before the
Supreme Court, Vel
neys say his. original attorney
gave him
failing to call :
during the penalty phase of his
trials (fk Fs =
Celestine was also convicted of -
raping two of Richard’s elderly
neighbors. One attack came three
months before the murder an

just snapped in him, I guess.”

with fingerprints foun
crime scenes. Although Celestine
confessed after his arrest, he has
subsequently maintained his
innocence. A source familiar with
the case said Celestine refused to
accept a plea to second-degree
. murder, which carries a life sen-
tence. At his trial his attorney
“said police beat the: confession
t of Celestine. ,

ne had been smoking and I had
been drinking and I just caught
myself not going home. - - - 1 just
saw a light and 1 stopped. .-- I

Chairman

Celestine’s

Celestine’s attor-

an inadequate defense, F
character witnesses

res

See CELESTINE, A-4

Theresa Celestine this week
declined to talk about her son. .

“God’s going to take care of
Willie, that’s all I have to say,”
she said. '

éelestine

mF %,.

ie
Faom Page 1
&.

pyft_my hand over her mouth ... —
then «we had sex,” Celestine said.
inthis confession. “I was just full
of¥speed you know and drinking

. ‘pand I just caught myself doing
th®’wfong thing.”

'WPresecutors said Celestine
brbke seven of Richard’s ribs and
then choked her to death. Celes-
tie, gave no motive. for the rapes
othe killing, + “

“$I don’t think he actually knew
hékilled her,” Lafayette: Assis- . tractor. ' 2h) festa or
tamt District Attorney Mike Har- In the’sentencing reports and
sdgaid. “He never-did' really ~in-a-subsequent affidavit, the
admit tothe killing.” =. contractor, Met Peddy, described

#Harson said the attacks on ‘old::;> Celestine as a hard-working non-
wamen were “kind of out.of char; ~yjolent.man. Me aman’
a He always seemed.like. a:.<.x:-Neighhors likewise have'signed
trastworthy fellow.”"Something “~ Statements attesting to Celes-
tine’s character.

‘“‘Whenever I needed things
done around my house, he would
volunteer to help” said Virgil
Exvy, who lived across the street

Yelestine spent some time in a
juvenile institution in Monroe,
then he worked for a feed store
and as a golf caddy. Celestine
spent four years in the military
and received a dishonorable dis-
charge in 1979.
For several years before -his
arrest, Celestine worked with his
-father and brother as a carpen-.
ter’s helper for. a.Lafayette:.con-

A Uniform Capital Sentencing
Report described Celestine as a
high school dropout with a juve-
nile record, but no prior history

of violence. : 9 ot Las “ Rit . from Celestine. “He never asked
“Willie Celestinext hnotithe for ‘pay,, He didsitouty ofthe”
ie ‘unlike i “4 beg

product of a broken:hor
his counterparts; the. report;
quotes his juvemile’probation'offi-’
cer. “Hig parents have attempted .

goodness’ of his heart? 9 ot ee!
~"Celestine’s attotneys say the
‘\character-witnesses could have

swayed the jury to spare his life.

Willie La
Waiting for ap

After leaving high school,. -

to provide the: proper parental’
guidance. Willie, because of
strong ties to his peers, has cho-
sen, to ignore the expectation of
his parents.” ;

But prosecutors say Celestine
refused to take the stand and
plead for his own life and that
the testimony of neighbors and
family would not have mattered.

wrence Celestine
peal decision

Saturday, February 9, 1985

Killer breaks into tears
as execution is blocked

ay JASON aie
Staff writer

‘Condemned murderer Willie
Lawrence Celestine broke into
tears,' thanked Jesus, and asked
to hug his mother. Friday after
learning that the U.S. Supreme ~
Court, granted him a stay of exe-

cution, eight hours before his
scheduled death.

Celestine, 28, was scheduled to
die early Saturday for the 1981
rape and murder of 80-year-old
‘Marcelian Richard of Lafayette.

. |The 5-3 court vote gives Celes-
tine’s attorneys seven weeks to
supplement their claims that

ae received an incompe-

tent defense during his 1982 trial.

The court will then decide
whether to hear his case.

% sin mp Eun

“He cried and he just eatd,
‘Thank you, Jesus, thank you,
Jesus,’” said Sister Helen’ Pre-
jean, who was with him when he

‘received the news. “He asked-the

guards to let him hug his 1 momma
but they said ‘no.’” |

Celestine’s parents, brother,
and sister spent Friday afternoon
talking with him from outside‘ his
cell, as prison officials tested .the

See CELESTINE, A-4

Celestine

P clectrié chair. {: $
victim’s relatives Friday

yirt’s ‘decision. a ae

’s had-so many “appeals.
uts everyone in such tur-
said Clothilde: Dugas, 55,

Heoy | Sas daughter. “It’s so.

aggravating: They just keep us *:,Warren Burger voted for the stay.

hanging like puppets on a string.”
_ 34a

“‘I’nf fh nervous wreck. It just
seensslike it’ll never end.”

| Ing @ddition to killing Richard,
Cele&’tine was convicted of raping
two of her elderly neighbors dur-
,ing 4 Summer of attacks on resi-

‘Song wf a government-subsidized |

¢or the elderly.

Célestine confessed, but gave

Me mative for the killing. He had
no phous record of violence.

_ Lafayette Assistant District
Attot§ey Mike Harson, who pro-
secused the case, said he thought
the Ship
ah

stay since it was the first time
Celestine had appealed to them
on constitutional grounds.

sed disappointment with:

ell Whittington, 32,
Richkard’s granddaughter said, :

reme Court issued the

“I think historically they:
always give a stay on the first”
writ,” Harson said. “I personally
disagree with their. decision, but
everybody’s got to do what their

conscience says is just.”

Justices William Brennan,
Thurgood Marshall, John Paul
Stevens, Harry Blackmun, and

Justices Byron White, William
Rehnquist and Sandra Day
O’Connor opposed it. Justice
Lewis Gree, who is ill, did not
vote. |
If the Sie sie Court refuses
to.hear Celestine’s case, the stay
will be lifted and he could be exe-
cuted within three months, Har-

—_——

son said. But Harson said he ,
- expects the appeals to take longer

because Celestine’s attorneys
have other issues to raise. Celes-
tine’s attorneys declined com-
ment.

“T think it’ll be at least another

year, or year and a half,” Harson
said. ‘I’m diappointed.”

CELESTINE, death sentence, Louisiana.

- NEW ORLEANS TIMES PICAYUNE

lg . a 20 1987 x
Electrocuted (Lafayette Parish) on July 20, :

S
v

i Marcelian Richard
Woman killed by Celestine

Friday, February 8, 1 985

By JASON DePARLE
Staff writer

LAFAYETTE — Marcelian
Richard’s relatives like to show
visitors a picture taken on her
80th birthday, a year before she
died. (

In it, she smiles an impish grin
and -folds her hands across the
ample lap that held her grand-
children’s grandchildren. They

say it’s true to her youthful and’

kind spirit:

In the picture, which decorated
her casket, Richard wore the
dress she was wearing on the day

Willie ‘Celestine climbed through
her bathroom window, raped her,
broke seven ribs and strangled
her to death. :

In discussing Celestine’s execu-
tion, scheduled for early Saturday
morning, Richard’s relatives
speak with mixed emotions. The
generous spirit that she
bequeathed has them praying for
his salvation, while their outrage
at her murder ihas them hoping
for his death.

“All my mamma’s words would
have been ‘You have to forgive
‘him. You have to forgive to be

forgiven,’ ” said Richard’s daugh-

3
aa

ter, Clothilde Dugas, 55. “I have
prayed that he finds eternal
peace, but he deserves to die.”

“If he’s sorry. that he did it,
God will forgive him,” Dugas
said.

In interviews this week,
Richard’s family and neighbors
described her as an outgoing and
loving woman.

Marcelian Melancon Richard
was born in 1900 on a farm out-

side Lafayette, the fifth of 15 _

children born to French-speak-
ing sharecroppers. Years later her

See VICTIM, A-4
2

Victim

i {
From Page 1 -

said Leora Lejune, 71,.who lives
across the street from Richard’s
home. “Then we were just like a

family here.”

Neighbors said Richard would

family, which includes three chil-
dren, eight grandchildren, 23
great-grandchildren, and two
great-great-grandchildren,
delighted in her stories of Cajun
farm life. © «

'“She would start a sentence in
English and get so excited she’d
finish it in French,” said Janell
Whittington, 32, her granddaugh-
ter. “And then she’d laugh.”

The family particularly liked
the story about her courtship
with her. husband.

“She''said'she used to- watch
the clock:and make it, her busi-
ness to,make her bed when he’
walk by (on.his way to the fields)
just sé she ‘could wave at him,”

Dugas said. °° rn

Mattelian was only 15 when’.

she married Edias Richard, seven
years dlder than her, and they
settled down to a farm life of
their own. =

In the 1920s the Richards
moved to Lafayette, where Edias
began work as a deputy for the
dog pound and Marcelian worked
the presses of a commercial laun-
dry. They had three children.

The 1930s brought economic
hardships. The 1940s sent her
sons to war, and illness took her
husband. .

“She accepted the fact that
this was God’s will,” Dugas said.

“She said dying is.just.as natural .
as being born. She had an un-’'

blinking faith.”

With grandchildren‘and great-
grandchildren filling her life,
Richard entered her ‘later years
as busy as ever. See

“She loved the grandchildren
and spoiled them all,” Whitting-

ton said. “Whenever anybody was ’~:

sick she’d have her suitcase
packed and she’d be ready to go.
Her real joy in life was taking
careofpeople.” © © « :

At 65, she moved in with a
son. At 72, Richard got an apart-
ment in a government-subsidized
subdivision for the elderly, and

borhood meeting place.
_ “It took about three weeks,”

: nobody like that any more,”
. Lejune said. “It hurts too much.”

. division grew frightened in the
Summer of 1981 when one elderly

: when ‘she arrived at 7, Richard

her house soon became the neigh: .

begin her day at 5:30 a.m. with a!
television prayer show, reciting
in French the Our Fathers and '
Hail Marys of the rosary. She
then returned to bed and got up
several hours later, opening her
front door to let the neighbors
know that coffee was on. :

Lejune said Richard helped fill
the loneliness of old age.

“I was very lonely. My son had
died...I told her ‘you’re going to
be my mamma,’” Lejune said.
“She said, ‘Good, I'll be your
mamma.’ ” d :

“I ‘don't want to. get close to

The residents of Richard’s sub-

woman was raped in June, and
another Sept. 5. But not Richard.

“T told her, I said if they attack
in the back they’ll attack here
too,” Lejune said. “I locked all
her windows. I said don’t unlock
it ‘unless’ you call me to lock it
back. I offered to go sleep with
her.”

“She said, ‘They’re not going
to come back. I’m not scared.’ ”

A week after the second attack,
Richard was up early, preparing
to go to Texas for a day of
bourre. When her cousin called at
5:30, Richard said she was |
dressed and ready to go. But

was dead. i

Her daughter still cries when
she remembers the scene. oe

Whittington said before the
crime, she supported capital pun-
ishment. “But now I realize that
it’s not going to make me feel a
bit better,” Whittington said.

“But what else can we do with
him? I don’t think life imprison-
ment is enough.”

Dugas said the hate she felt
toward her mother’s killer has |
abated some.

“Part of me wants him to die
as punishment,” she said. “The
other’ part of me would want: to
(spare him) for his family. Not
for him.” H

mm OP

SOA ane ag. eA ta Se

216 The Louisiana Historical Quarterly

and two brothers; one of hig sisters had her ears cut and was
branded with the fleur de lis; one of his brothers was sold by
M. Raguet to Duplanty, and the other works on the plantation.
Questioned on Charlot, he said that he had never heard of his
being in trouble before, but he was quick tempered, pouted for
the least thing, and was not liked by the other negroes. He
said that his testimony was the truth, persisted therein, but
declared that he could not sign. Signed: Lafreniere; Henry
Greff.

Order to communicate to the Procureur General. Signed:
Lafreniere.

January 6, 1748. Interrogation of Plu-
No. 1126. 614 pp, ton, in the Criminal Chamber of the Pris-

ons, where the jailer brought Pluton, one

Phaen non of of M. Raguet’s slaves, to be interrogated,
of M. Raguet. After oath, he said that he was of the De-

von nation, aged about fifty years. He

had seen the soldier shooting starlings on

his Master’s plantation, near the slaves
sowing peas, where they left him at noon precisely. Questioned
on what he had dined, he answered: on potatoes which he him-
self had smoked near the fire. Questioned if he had eaten with
Charlot ealled “Kakaracou,” he answered that he had not seen
him at noon, that his mother cooked for him, and at dinner time
‘alled him, as he had not arrived. fle had daubed his coat with
mud, and when he asked him what he had killed he answered
that he had killed nothing. He recognized the Knife as one
Joseph gave him two months ago, and the coat and shirt of
coarse linen as the ones Charlot wore on last Wednesday. In
the afternoon he heard a plaintive voice; he thought it was a
cow, but Laurent, the Commander, saw him and called the slaves
and then M. Francois Baschemin to help. He did not go to look
at him, and when Laurent spoke of the great misfortune, Charlot
turned his head to one side and the other without using his
spade. He maintained his testimony and declared that he could
not sign. Lafreniere ordered to communicate this interrogation
lo the Procureur General.

Signed: Lafreniere; Henry Greff.

January 8, 1748. Interrogation of Char-
lot, called Kakaracou, slave of Mr. Raguet,
in the Criminal Chamber of the Prigons,

ravethen me an before the Greffier. Ie is a Creole of this
Country, called Charlot by his Master and

Kakaracou by the other negroes; he does

not know his age, appearing to be twenty

or twenty-two years. Questioned about his doings last W ednes-
day, he said that he had dined with Pluton, that they smoked
potatoes together. Told that he did not speak the truth, and

No. 1127. 10 pp.

the

Rag.
bapt
plan
brou
him,
and

as (}
the t:

(
King.

Oe. eS EE ERASER REA ELA i a BEN TI

218

The Louisiana Historical Quarterly

Confrontation made by M. Nicolas Chau-
No. 1129. 121% pp. vin de la Freniere, of Charlot, Cupidon and
Francois, slaves of M. Raguet, on demand
Confrontation of Charlot of M. Le Bretton, acting as Procureur Gen-
with Cupidon and ‘ °
Francois. eral. Charlot called Kakaracou was first
confronted with Jean Baptiste called Cupi-
don, who after oath said that they knew
each other. Charlot said, after Cupidon’s testimony had been
read to him, that it was true; and Cupidon, after the reading
of Charlot’s interrogation, said that what is contained in the
interrogation of the 5th instant is not true. He did not dine
with the others last Wednesday, 3d instant. He came to dine
shortly after they returned to work, but he does not know where
he came from. The knife is Charlot’s. He does not know if
Charlot acknowledged the assassination. He only knows what
he answered in his interrogation. Interrogations being read to
them, they maintained their personal answers, and declared
that they could not sign, wherefore inquiry, following ordi-
nance, Said Cupidon was brought back to the prison. Signed:
Lafreniere; Henry Greff.

On the same day the jailer brought from

the Prisons Francois, who was confronted

Soitenteting of Charlot with Charlot, another of M. Raguet’s

slaves, accused of murder, and after oath

they said they knew each other well.

Charlot was asked to deny Francois’ testimony, for after read-

ing of his interrogation and re-examination, in default of so

doing, no denial would be admitted. Charlot said that he had

no reproaches to make. Francois answered touching the first

interrogation, that Charlot is wrong to lie as he does, that the

knife is his, and that the shirt and coat had blood, from that

day, which came from the assassination of the young French-

man, of which he knew nothing, but suspected it on account of

the blood. Each persisted in his answers, and declared that
they did not know how to write.

Signed: lLafreniere; Henry Greff.

The jailer then brought out one Laurent,

a negro slave, Commander of the slaves of

Sr er M. Raguet, who was heard in the inquiry
of the negroes of of the fourth instant, who was confronted
oy es with Kakaracou, and after oath they both
said that they knew each other: and after

having read the testimony of said Laurent,

his age, name, residence, and declaration that he was not a rela-
tive nor servant of the accused, he was summoned to furnished
reproaches against Laurent, for after reading of confrontation
hone would be received. The aecused said that he had none to
make against the witness, since he had confessed in his last

Was
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tion.
f his
i for
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but
enry

ned:

Plu-
Pris-
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De-

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3 On
aves
ned
him-
vith
seen
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ne
one
of
In
sia
ives
look
‘lot
his
vuld
tion

Records of the Superior Council of Louisiana 21%

Pluton’s testimony being repeated to him, he said that. it was
true, that it was after twelve but not one P. M., and that he
a, for it near the landing of M. Dubreuil’s small plantation,
and that he spoke to two of his small negroes, who told him they
Were looking for starlings. He said that he had not put mud on his
coat; he had mud on it because he had fallen with his wood.
He acknowledged that after smoking potatoes he went to his
mother’s cabin and that she gave him rice, and that there were
three negroes there. He named them. Ie was then questioned
on his behavior when the wounded soldier was found, and on
the wound on the left wrist, which looked like a dent of a tooth.
He answered that it was made whilst cutting wood. He told of
the “Small Frenchman” having given him slaps, that they had
fought with their fists, and that he used the knife to defend
himself; the Frenchman having aimed a gun at him to shoot
him, he stabbed him in the abdomen. He detailed his fight with
the soldier. He said that the soldier was moaning and cursing
him when he left, and confessed that it was his blood that was
vn him. He intended to bury him at night, or to throw him in
the water. He told of the Frenchman beginning the fight, curs-
ing him and threatening to shoot him. He was half drunk. He
suid that his answers were true, and persisted therein.

Signed: Lafreniere; Henry Greff.

Order to communicate to the Procureur General. Signed:
lafreniere,

January 8, 1748. Interrogation of Fran-

No, 1128, 294, pp. coils. On demand of M. Le Bretton, acting
as Procureur General on this case, Nicolas
Soe nian. of the Chauvin de la Freniere, Commissioner on

this case, accompanied by the Greffier
Henry, went to the Criminal Chamber,
where he had brought to him by the jailer
he negro Francois for interrogation, who, after oath to speak
ie truth, declared that he was named Francois, a slave of M.
haguet, of the Nago nation, aged about forty years; he was not
aplized. He had seen the soldier hunting on_ his Master’s
mantation on Wednesday, and in the afternoon when he wags
reught to the Hospital. Te knew not who had assassinated
‘im, but he thinks it was Charlot, for he had blood on his eoat
id he alone was absent at dinner time. He only heard this,
Charlot did not a‘pproach him. We said that he had spoken

* truth, persisted therein, and did not know how to write.

Signed: Lafreniere : Henry Greff.

Order to communicate to the Procureur General of the
kony. Sivned: Lafreniere,

tS: tee

had
s

Ning. Signed: Lafreniere,
No. 1180,

Swatrentation of Charlot
woth witnen«

Hemel hin

Records of the Superior Council of Louisiana 219
mterrogation. Bach persisted in his deposition, and declared
that they did not know how to write. Signed: Lafreniere ;
Henry Greff.

/ Pluton, another slave of M. Raguet, was

oot brought from the Prisons to be confronted
with Charlot, the accused; they both said,
after oath, that they knew each other very
well. Charlot said that Pluton’s testimony

. was true. Each persisted in his testimony,
aod declared that they could not write.

Signed: Lafreniere; Henry Greff.

Verteontation of Pluton
* is Charlot called
®& Maracou.

The jailer of the Prisons, named Joseph,
was. then brought before Mr. de la Fre-
-niere, to be confronted with the accused ;
and after oath they both said that they
knew each other well as belonging to the
wine Master. The accused said that he had no reproaches to
mune. that all testified was true, as he himself confessed. Each
mulintuined his testimony, and declared that they did not know
how to sign, Signed: Lafreniere: Henry Greff,

Claude, a young negro owned. by M.

Dubreuil, was then brought before us,

wis "Sh agli tad third witness in the Inquiry on the 4th in-
Mr Dubreuil, stant. After oath, they said they knew
each other well, Claude ag belonging to

M. Dubreuil, and Charlot as the one spoken

of in testimony and re-examination. The accused said that he
had no reproaches to make against said witness, and Claude

peated his testimony: and they declared that they could not
“kl. Signed: Lafreniere: Henry Greff.

Was also brought forth, Jo
hegro of M, Dubreuil, second Witness in
ee te apa the inquiry, who was confronted with Ka-
mene tlave of karacou, Chey said they knew each other,
; and the accused had no vepreaches to make
against said witness. They declared that
they could not write, and were brought
back to prison.

Signed : Lafreniere ; Ilenry Greff.

Order to communicate

we lrontation of the
wee with Charlot,

seph, a young

Ceetrontation of Charlot

to the Procureur General of the

January 8, 1748, Were brought before
us by the jailer of the Prisons, Charlot
ese called Kakaracou, slave of Mr. Ravuet,
es heard fi . rye

whom we confronted with one Angélique,
owned by M. Dubreuil, first witness in the
inquiry. After oath, the accused said that
he did not know the negress, and she that

spe #

688 The Louisiana Historical Quarterly

rest. Shown the knitted purse and asked if he had ever seen it,
he said no, but Mr. Cabaret’s Leveille who kept guard with him
had seen one. Wednesday Clement had drawn out 3 picayunes
that he had given him to buy him some eggs. Asked if Clement
had told him where the gun was? He said that he had told him
in the presence of Messrs Meullion and Trepagnier whom he
had asked to have called that if they would untie his hands he
would conduct them behind Mr. Bellile’s house where he would
show them the gun in a mass of briers, Clement was taken to
this place by the witness, (Luis) and Appollon, Mr. Meullion’s
negro overseer.

Leveille is called and confirms the testimony that he was
given 3 picayunes to buy eggs for the prisoner. The money was
taken out of a white purse, which was not on him when he left
for the woods, after looking about the room for this purse it
was finally found under the mattress. This was identified by
him as the one Clement had had in his hand on Wednesday when
he gave him the money. Lisettle, is recalled and also identifies
the purse found under the mattress as Clement’s.

Mrs. Trepagnier’s Pierot is the next to be examined. Asked
if he had gone with Lisette, on Monday, to look in Clement’s
stack of rice? He said yes this is true. He went to take Lisette
to Mr. Cabaret’s, she went into the kitchen, but he remained
outdoors. Leaving there, Lisette went to Clement’s stack of
rice while he who went with her remained at a great distance
away. Asked what she said when she joined him. He answered
she said she had come to look for something that Clement said
was hidden there, but she had found nothing. He asked her
what it was, but she would not tell him.

Questioned if he had seen Clement on Monday? He said he
had seen him that night at the door of his cabin as he returned
carrying a load of wood to Marton’s cabin. Clement asked if
Mr. Bellile had been to Mrs. Trepagnier’s house, he answered
he did not know as he had gone out to the cypress grove where
he worked all day. Asked if Clement had any money on him?
- He said that while he was talking in moving his hands he touched
Clement’s pocket and that he had some money there. Did he
ask where the money came from? He said no. Did Clement
have his gun? He did not see it.

What does he think became of Pierre? Seeing that he did
not return and that Clement had not appeared all day at his
master’s house and was arrested, he said to himself that he had
killed Pierre for his money. Clement feared Pierre more than
he did his master. Asked how he could think that one brother
could be so wicked as to kill another? He said that what made
him think that Pierre was killed by Clement is because he heard
him say on one occasion when his brother had committed a
theft: “If I do not kill Clement he is capable of killing me.”

een it,
h him
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'd him
om he
nds he
would
ken to
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ie Was
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irse it
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entifies

Asked
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Lisette
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Sw |
at said
ed her

said he
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iswered
- where
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‘ouched
Did he
‘lement

he did
at his
he had
re than
brother
it made
e heard

PEE W Coe ee ede Tae Ree Py yers

Index to Spanish Judicial Records of Louisiana 689

~~ Mr. Cabaret’s Marguerite under examination answers: Is
it true that on the morning of Monday the 27th of October, she
had given Clement his gun? She said yes this is true that when
Leveille had awakened the negroes on Monday last, early in the
morning he said to Clement, Mr. Cabaret calls you and he had
said to her: ‘Go take my gun and bag that are in the cabin and
carry them to the field when I will have cut my cord of w6od I
will go to kill some squirrels.”’ She took the gun and powder
horn to the field in front of all the negroes. Clement came some
little time after and called her, she said: “Thy gun is here.”
He came and took it, a moment after she realized that Clement
was running away then she began to cry, saying: “Oh my God
what shall I say now that I know that Clement is running
away.”

Asked if she knew when Clement had returned and what
day? She said that the same day she had heard that Clement
had come back and that Mr. Cabaret had put him in irons.
Questioned if she knew what had become of Pierre? She said
she did not know, but the moment that his purse had been
found in Clement’s sheaf of rice she had heard all the negroes
say that it is possible that Clement killed Pierre because he had
stolen his purse. Asked if she knew Pierre’s purse? She said
yes, it was a knitted one. She was shown a purse which she
identified as Pierre’s. Asked if she would recognize the gun
and bag she carried for Clement? She said yes she knew them.
The bag for bullets was of red leather like the skin of a roe-
buck.

Asked if Pierre had any quarrel with Guiaca, or any of
the negroes? She said that Pierre never had any disputes with
any person. Asked if Pierre had any trouble with Clement?
She said he whipped Clement well when he robbed anyone and
that the last time Clement had stolen Pierre had said if you
continue to steal you will be severely punished. Pierre was a
good friend to his brother and never ate anything without send-
ing some to Clement.

When Marguerita’s deposition was finished, Messrs Hazeur
(Delorme) and Trepagnier who had accompanied Clement to
the place where he had hidden his gun which he had told them
was at the end of Mr. Bellile’s land among the briers, gave their
testimony. They found the gun, the powder horn, and the sack
of lead. The horn was without powder, the sack had some grains
of lead, the gun had been discharged. When the two gentlemen
saw this they said: “Thou canst not any longer deny that it
was thou who hath killed thy brother, lead us to where his body
is so that we may give him burial.’”’” He answered them that
he did not know where it is.

At this reply the gentlemen threatened him with the pun-
ishment he merited for his crime. He said he did not kill his
brother, that it was Mrs. Marcarty’s mulatto, Louis, who is

" " + we
ROSE ROEESEE LST sy

690 ' The Louisiana Historical Quarterly

now a fugitive, who had done so. However he finally led them to
the body, near the cypress swamp, that was covered with some
brush wood. They found the body in perfect condition and rec-
ognized it as Mr. Cabaret’s Pierre. He received what seems to
be a gun shot wound in the left side in the breast and in the
cheek which seem to have killed him. These gentlemen raised
the body and carried it to Mr. Meullion’s*house where Mr. Bellile
viewed it. After examination he declared that Pierre died of a
gun shot wound in the superior part of the breast on the left
side and in the face on the same side.

Clement was then brought in and questioned why had he
killed his brother, Pierre? He answered that Mr. Bellile knew
very well that a robbery had been committed, because he had
wished to arrest him last Monday the 27th, and that he had
escaped and gone from his master’s house whom he met as he
was going to see his negroes cutting wood that Mr. Cabaret
wished him to take back, but he was afraid he would be arrested
he did not wish to follow him and when his master was a long
way off, he sent Constance, a young negress of the plantation,
to call him, he told her to say she had not seen him and to send
Marguerita, a negress of the same plantation, to him, when she
came he asked her to bring him his gun and powder horn and
put them against the fence, this she did but when he arrived a
little later he could not find them, he called her and she came
and showed him where they were. Asked if he had not told
Marguerite what he intended to do with the gun he said no.

Questioned where he had gone after that? He said that
Jacob, a negro belonging to the same master had said to him
you do not wish to be arrested do you? Then he went down to
the edge of the woods just by the land marks of Mr. Bellile’s
plantation where the cultivation stops, and that a moment after,
Mrs. Macarty’s mulatto, Louis, who has been a fugitive for a
long time, joined him. He was reminded that he was not telling
the truth because he had told Messrs Hazeur (Delorme) and
Trepagnier that it was the mulatto who had fired the shot. He
answered, if it was the mulatto it was he, the witness, who was
guilty. It is true that Mrs. Macarty’s mulatto remained with
him a long time to see if his brother, who was in the city would
return, with the intention to kill him because just as soon as
Pierre knew that he had committed a theft he would play the
devil. Louis had said to him: “Kill Pierre.” When he actually
saw the pirogue, which passed while he was amusing himself
chatting with Louis, he then called several times, without nam-
ing any person. Guiaca who was in the same pirogue answered
and Pierre got out and came right to them and although when
he had called him he had intended to kill him, fear took posses-
sion of him and seeing Pierre coming towards him he began to
move backwards.

told |
so as
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then

of Lu
whe
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him

to ta
they

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steal

that
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if hi
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long
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send
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that
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and

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when
Sses-
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Anepeangeneen

PEE

eet LEU PCLIPEE LLELEE er tere oe ate Rat 6 arp preys yy

Index to Spanish Judicial Records of Louisiana 691

He was asked why he did not tell the truth since he has
told Messrs Trepagnier and Hazeur that he had gone backwards
so as to lead him further away so as to carry out his intention.
He answered that it was true and that it was his real intention
as Pierre followed him and he drew back it was always he who
led him further back into the woods, when he came to a clumy
of canes beaten down he waited until Pierre was very close
then he fired his gun and killed him. Asked what had become
of Louis during this time? He answered that after he had said,
when Pierre came up to them, “Thou art afraid, thou hast not
they gun in thy hand.’’ He remained behind and did not join
him until after he had fired his gun and that he helped him
to take the body to the woods and cover it with briers. Then
they separated, the mulatto went down and he went up and that
he had hidden his gun and horn where it was found. From there
he returned to his master’s house where he was arrested for
stealing and put in irons.

Asked if he had searched Pierre after killing him? He said
that Pierre’s purse fell out of his pocket when he was shot and
that Louis picked it up and gave it to him with the money that
was in it and that he had hidden it in his sheaf of rice near his
cabin. Asked if the mulatto had taken anything? He said he
picked up a red handkerchief that Pierre had let fall. Asked
if he knew where the mulatto had gone? He said he did not
know. Questioned why neither powder nor lead were found? He
answered that he had very little of either one or the other and
that when he fired his gun there remained but a few grains of
lead in the sack and that the little powder that remained, fell
out when he ran and lost the stopper of the horn.

Asked what he had done after committing such a crime?
He said he returned to his master’s house as he has declared,
hoping that his crime would not be discovered. Asked if he had
meditated killing his brother for a long time? He said it was
after his return from the city he had said to himself: “If my
theft is found out. I will kill Pierre.’ Asked if he had an ac-
complice? He said he had but Jac (the rest is torn away) who
had said many times that with Mr. Cabaret we will be very
happy, Pierre must be killed, but he had not spoken to him of
this the last time, he had only said to him, “Save yourself,’’ when
Mr. Bellile sent to arrest him. Asked if he had anything more
to declare? He said no.

Asked if Guiaca had not climbed up into the branches of
the tree to see where Pierre had gone? He said he had not seen
him do so. Asked if there were any persons at Mr. Cabaret’s
who had known of his intention to kill his brother he said no,
that he had not told anyone, but after he had fired the shot he
told Jacob when he asked: ‘Where is Pierre?” He said, he has
gone, he will not return again.” Jacob told him that was good,

” ‘ +
tobe he COPED ereenlen steeeione

‘erite when
said no.
\lessrs Bel-
le-as Judge
. de Galvez,
-t Des Alle-
ez decrees:
iat he may
gment that
les: Arrest
ie a writ of
1 Mr. Cab-
ie flight of
Pedro Tre-
the warden
disposition
‘f which is
pointed in-

noz, warden

Cabaret’s
f the inter-
ifession. In
C’----nt, a

é farm
put nim in
Ly with him
vent to Mr.
two pieces
ness to look
‘o him. He
ise he asked
the best so
s house and
master who
-e what his

in company
e while the
’ ew piece of
nother piece
big blanket.
missing he
‘ with you?
aquier went
n-there, the
they divided
1 on Friday,

Seeete eee repay eedeketerea

hon eat a ENR i hh aR RD Ua nal RI RUE at

Index to Spanish Judicial Records of Louisiana 693

Mr. Bellile, remaining in the city, Mr. Braquier informed him

of the stealing.

When he reutrned home on Saturday he immediately in-
formed his master of the robbery. Mr. Cabaret sent him to Mr.
Bellile’s plantation for a large basket of silver and when he
arrived he explained his commission. He questioned ‘his wife-
about the silver but she answered that Mr. Cabaret had none
there. Then he told the witness go into this room while they
looked for the silver, but the witness suspecting that this might
be stratagem to secure him did not wait, but returned to his
master’s house and said to him, “Did you send me so that they
might catch me?”, and he answered: ‘No I sent thee for the
silver.” He went into the house, but Marguerita, a domestic
slave of the house said to him they wish to catch you and that
now they have opened your cabin to see if they will find the
stolen things there, they really found them in the hands of the
other negroes of the same plantation to whom he had sold them
for corn, except the piece of calico that he had delivered to
Maria to give to her master.

Jacob said to him: “If thou wilt believe me, go, because
all of us are warned to catch you,” and that he had answered
him: “I can not go without seeing Maria to know news of the
house and if Pierre has arrived.” Jacob called her and when
she came he asked her if Pierre had arrived. She answered no
and added, “godfather they have taken all that thou hast stolen
from Mr. Braquier’s house except the piece of calico which thou
hast delivered to me.” This she took out from under her mat-
tress where she had put it when he fled from his master’s pres-
ence last Monday the 27th. After the conversation that he had
with Maria and Jacob and the news that Marguerita had given
him, on that same Monday night he went and passed it in Maria’s
room until morning, then he went to talk to his master who told
him to wait until Mr. Meullion’s negro came he would put him

in chains.

Asked if he remembered making a declaration before the
Commander of the German Coast and if he wished this included

in his confession.

This was read to him word for word, he then

said he would tell the truth as follows: The forenamed Monday
at eight o’clock in the morning when he fled he asked Marguerita
for his gun and powder horn with the intention to wait for his
brother, Pedro, on the road as he has declared. He was in com-
pany with the mulatto, Luis, who is a run away and unarmed
and that all else is as he has declared in his deposition that has
been read to him which he now ratifies and affirms and that he
will always speak the truth when questioned.

Asked if he had not made known his intention to Mar-
guerita, Maria or any of the other negroes on the plantation,
he said only to Jacob, he told him beforehand and he replied:
“T will be glad if thou doth this, we will be happy with Mr.

orien

Stages

692 The Louisiana Historical Quarterly

but he must take care of himself. Asked if Marguerite when
she brought him his gun knew of his intention? He said no.

All these foregoing depositions are signed by Messrs Bel-
lile, Meullion and Pierre Trepagnier. Then Mr. Bellile as Judge
rules: Let the above said procedure be sent before Mr. de Galvez,
Governor General of the Province of Louisiana. At Des Alle-
mands, November 3, 1777. Just below, same date, Galvez decrees:
Send these proceedings to my assessor’s office so that he may
advise me with all the haste possible for the judgment that
belongs to this cause. With Odoardo’s advice, he rules: Arrest
and put in prison, Mr. Cabaret’s slave, Clement. Issue a writ of
arrest against Mrs. de Macarty’s mulatto, Luis, and Mr. Cab-
aret’s Jacob, considering the absence of one and the flight of
the other, entrust Clement’s apprehension to Don Pedro Tre-
pagnier. Let it be made evident by the certification of the warden
of the prison that he holds him at Governor Galvez disposition
and proceed to receive his confession the taking of which is
entrusted to the Assessor. Let Juan Duforest be appointed in-
terpreter, who must first accept and take oath.

Duforest qualifies as interpreter. Francisco Munoz, warden
of the prison, certifies that he holds in prison, Mr. Cabaret’s
slave, Clement. Cecilio Odoardo in the presence of the inter-
preter and the escribano receives the prisoner’s confession. In
answer to the usual questions, he says his name is Clement, a
creole of Mobile, aged about twenty-five, bachelor, and farm
laborer for Mr. Cabaret Detrepis, his master, who put him in
prisqn, because three weeks before he came to the city with him
as driver of his calash. When they arrived they went to Mr.
Francisco Braquier’s shop where his master bought two pieces
of calico and leaving them together ordered the witness to look
after them and that Mr. Braquier delivered them to him. He
wished to buy some of the same quality for his own use he asked
nim if he would show him some pieces, he selected the best so
that he was given three pieces which he carried to his house and
showed them to Don Francisco Bellile and to his master who
were together. They told him that they were like what his
master had bought.

At nightfall he returned to the same shopkeeper in company
with Juan Baptiste, Mr. Dusseaux’s slave, this time while the
witness talked to Mr. Braquire, his companion stole a piece of
calico that the witness had picked out together with another piece
that was separated by a peice of woolen stuff and a big blanket.
When the shop keeper noticed that the negro was missing he
asked the witness; “Where is the negro who came with you?
He answered that he did not know and then Mr. Braquier went
to look for him in the kitchen, but did not find him there, the
witness took his leave and having met Juan Bautista they divided
the theft and parted. He going home in the calash on Friday,

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boa |

694 The Louisiana Historical Quarterly

Cabaret,” but he, the witness, vacillating what resolution he
should make, whether to ask pardon through Mr. Trepagnier,
or kill his brother. Jacob influenced his determination to the
latter with the words that he has stated above, adding that if he
killed him he would go to help bury the body. Then he began
to prepare for the killing of his brother that afternoon. When
Jacob asked him: ‘Where didst Pedro go? Hast thou met him?”
He answered that he would not come any more. Jacob said:
“Thou must not tell others because the secret will be discovered.”
He went to Maria’s room where he passed the night and was
arrested the next day, which prevented the burial of the body
with Jacob’s help. Luis who was present at the killing helped
him to drag it between two sticks where they left it, putting
other sticks on top like a box.

Asked why had he determined to kill his brother? He said
for the reason that appears in his declaration and encouraged
by Jacob who had said besides: “If he has to die one day, it will
be the same to die to-day as to-morrow.

Questioned if Luis had told him where he had gone? He
answered that he maintained himself on his master’s plantation
with the other negroes with whom he was in communication. No
one feared Mr. Laveau who managed the place, and that the
whereabouts of Luis was known to all the negroes who hide and
protect him and that because of this luck he has been able to
live during the ten months that he has been away from his
Madame.

Asked if he does not know that it is a crime to kill another
and much more so when the victim is a brother and that the
laws have established punishment for such a crime? He said
yes he knew, but he had listened to bad counsel. Other questions
were put to him but no further information was obtained.

Governor Galvez then orders Mr. Trepagnier to arrest Mrs.
Macarty’s Luis and Mr. Cabaret Detrepis’ Jacob and put them
in the public prison and let the warden there certify that he
holds them at the disposition of the Court. Mr. Pierre Tre-
pagnier certifies that he has arrested and put Jacob in prison
but. has been unable to find Luis. Francisco Munoz, warden,
certifies that he holds Jacob.

Cecilio Odoardo, in the presence of the escribano and the
interpreter begins to take Jacob’s confession. He says he is
named Jacob, a creole, of Mobile, aged twenty years. At this
point Cecilio Odoardo ordered the proceedings suspended, be-
cause Jacob is a minor, to be continued when a curator will have
been appointed for him.

Galvez orders Jacob to name a curator with a warning
that if he does not, one will be appointed for him officially.
When notified Jacob names Leonardo Mazange as his curator.
This appointment meets with Galvez’s approval. Leonardo Ma-
zange qualifies and Jacob’s confession is continued. He says

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Index to Spanish Judicial Records of Louisiana 695

he ‘is a bachelor and a coachman, the driver of his master’s calash,
and that he works both in the field and in the house. He was
put in prison by Mr. Trepagnier on Governor Galvez’s commis-
sion, but he really delivered himself up and presented himself
at the prison without any compulsion because he is sure of his
own innocence. It is said he is an accomplice of Clement, what
reasons have they for saying this? He answered that Clement
may have told this lie on him, but he did not leave his work nor
did he talk to Clement during that entire Monday, that followed
Pedro’s death. Before, they had talked of the theft that Clement
had committed, and that he reprimanded him, and moreover he
thinks that Clement having spoken to him on Tuesday so that
if the master should question him if he knew that Clement had
lent his gun to Francisco, Mr. Quernion (Kernion’s) negro he
could say yes. He did not wish to hide it before. On the contrary
he told his master that the message that Clement had sent was
not true because, he, the witness was sure that it was Pedro
who had lent his gun to Mr. Kernion’s slave and not Clement.
This message was sent to complicate this cause.

Reminded how could he say the foregoing when the Monday
before, Clement communicated his intention to him and that he
encouraged him to execute it, adding that when he did away
with Pedro they would be happy with Mr. Cabaret and after-
wards in the afternoon of the same Monday, Clement coming
back from killing his brother as he had advised him to do he

offered to help him bury the body. He said this is not true.

At this point of his confession he was confronted by Clement
who was asked to ratify this part of his confession. He said
yes this is true, that Jacob had said they would be happy alone
with Mr. Cabaret if they did away with Pedro. Jacob said this
is false because he had no wish to kill Pedro when he had never
punished him before, on the contrary he had learned to make
indigo from him. Clement replied that he had punished each
one of them like the others when he failed because he was the
overseer.

Clement was questioned if anyone had seen them together
on that Monday morning? He said yes, Leveille had seen them
together when they went to cut wood. Jacob denies this. Clement
was questioned if in the afternoon when he says he went to
talk to Jacob was anybody present? He said no because he did
not trust the others, they had orders to apprehend him, but
Jacob was his friend to whom he had communicated his secret.
He went to report its success to him and that Jacob told him to
go ‘away because they wished to catch him, and that at nightfall
Jacob on Clement’s recommendation went to look for Maria with
whom he wished to speak to know what they were saying in the
house. Jacob said that this is false, he did not speak to Maria,
nor see Clement until Tuesday morning when he tied him on
his master’s orders. Clement said that in this Jacob lied that

Canadian merchant of the coast. This happened about a year
and a half ago, in front of Mr. Georges’ plantation, on the other
Side of the river, because of a debt he owed and did not wish
to pay. He threw the body into the water after he had tied
it up in a sack filled with earth. This sack belonged to Augusto
and also the pirogue that he used to go to the lower river, which
was sunk in the river. An investigation should be made and Mr.
Auson questioned about the length of time that this man has
been missing. He, Clement was present as they were accustomed
to do such things together as for instance the Stealing of a basket
of indigo from Mr. Cheval’s plantation that Jacob gave to the
free mulatto, Esteban, to Sell, but he does not know if he gold
it or not. Jacob Says all this is false.

Galvez calls Mr. Bernardo Ausson and Esteban to tell what
they know of Augusto’s death. The former Says he knew him
very well, and that he had left some merchandise such as sugar
and brandy when he, the witness, was in Opelousas, but he does
not remember the time. He disappeared but he has never been
able to find out what became of him. He made some inquiries
at the time and was told he had gone to Cap Francais, hy some,
others said he had hidden himself at the German Coast. Of all
parties he questioned no one was able to give him a satisfactory

Esteban the free mulatto, upon examination Says it is true
that he received a basket of indigo from Jacob who told him
he found it, supposing it belonged to some English merchant,
it was given in payment for what Jacob Owes him. The only
fault that he thinks he has committed is in not having advised
his master of the transaction.

Mr. Cabaret’s Maria is re-called for examination on the
foregoing confessions. She said that on that Monday night,
Clement sent the little negro girl to look for her, Saying that he
wished to speak to her, just as she has already declared. Ques-
tioned if Jacob had any ill feeling towards or motive for killing
Pedro? She said formerly they were angry with each other,
but lately they were on good terms. Asked if she knew why

because Pedro was Overseer and punished them when they
merited it, and that She is convinced that this is the reason for
the murder.

Leveille is recalled and says that on that Monday morning
he saw Clement with Jacob, the former went to Mr. Bellile’s

1 that he
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ran away

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month, if
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Index to Spanish Judicial Records of Louisiana

Clement accuses them of, nor is his accusation sufficient to
condemn them. There is an added charge against Jacob of having
killed Augusto because the discovery of a basket of indigo has
been verified. Jacob denies any connection with the murder,
which is of great moment, but it is a separate crime from the
other, and there is no connection between them. Clement has
been convicted and has confessed, but he wishes to preserve his -
own life by implicating others. He is a man without religion,
without virtue, without honor, what he may declare is of little
account. He asks that the cause against his clients be concluded
as he has asked in the beginning, namely, that they be absolved
and set free. This is ordered sent to the other party.

Pedro Cowley, Clement’s attorney, answers saying it is
true that the crime has been proven and that his client has
confessed, but he prays the Court to show to him all that is
favorable and merciful considering his ignorance and the sin-
cerity with which he committed the crime when encouraged by
the others who actuated the murder and are his accomplices.
This is ordered sent to the other interested parties.

December 19, 1777, Galvez on Odoardo’s advice orders the
case to go on trial within nine common days during this time,
the witnesses who testified in the summary investigation must
y must prove, allege and justify what
may be suitable. Let the witnesses be cited, in due form, which
one presents against the other to take oath, and be examined.

January 24, 1778, Francisco Broutin asks for a publication
of the proofs and a few days later,
Pedro Cowley make the same request.
advice orders a publication of the proofs.

This order is followed by the ratification of the testimony,
given in the summary investigation,
namely Luis Augustin Meullion,
Luis Francisco Xavier Hazure Delorme, Madame
a, Jaca (Guiaca) Margarita, Barto-

ratify their depositions the

appearing,

aret Detrepis,
de Macarty, Pierrot, Lizett

lomo, Juaneton, Juan Baptiste,

Trepagnier and the free mulatto, Esteban.

The first proofs to be presented are those of Francisco
Broutin, prosecuting attorney of this cause against the negroes,
He asks to include with his proofs his

Clement, Jacob and Luis.

written petitions on pages
most favorable in the summary 1
He then asks that Dominico Castel, Augustin Moreno and Pedro,
porter at the Cabildo, under oath answer the following ques-

tions:

Ist. Q.

If they knew Augusto and in what way and on what
occasion, and if they know what has become of him?

A. Dominico Castel. He knew Augusto very well, having
seen him at Bernardo Orson’s when he arrived with

49 and 56 together with all that is

699

Leonardo Mazange and
Galvez on Odoardo’s

by the witnesses there
Pedro Maria Cab-

Maria, Luis, Leveille, Pierre

nvestigation. Petition granted.

698 The Louisiana Historical Quarterly

river, when they were by Mr. Bellile’s plantation and that he
called his attention to the fact that his brother was passing.
He answered this is not true that from the time he ran away
he had not seen Clement and that he had maintained himself
in the woods at the Acadian Coast stealing potatoes and fruit,
also a handkerchief and a pair of trousers from the Acadians.

Asked who saw him on Monday the 27th of last month, if
he was at the Acadian Coast? He said no one because he was
hiding. He was then confronted by Clement who claimed that
what he had declared about Luis having been with him at the
time of the murder is true. Luis contends that it is false. Luis
was questioned who had seen him in the days following Pedro’s
death? He said no one as he was a fugitive and that he did
not know of his death until told by Mr. Laveau and Don Alex-
andro Baure. Asked if he did not know that it is a crime to
counsel, warn or aid anyone to commit one? He said he is not
ignorant of this, but he did not do what he is charged with.
If he had, he would have delivered himself up. His confession
is read to him, he affirms and ratifies it.

Francisca Trepagnier, widow of Juan Bautists de Macarty
when notified, says she, herself, will take up the defense of her
mulatto, Luis, at any and all times and when it will be neces-
sary.

Francisco Broutin, as prosecuting attorney, accuses civilly
and criminally, the three slaves, charged with the crime of kill-
ing Pedro and asks the Court to declare them wilful murderers
and to condemn them to death on the gallows so that their pun-
ishment may serve as a public example. It is evident that
Clement did the actual killing, so as to avoid punishment for his
wrong doings. It is also apparent that Jacobo was an accomplice,
having incited him to commit the murder, urging him not only
once but many times. He is accustomed to such crimes and is
also guilty of killing Augusto on the German Coast, in front of
Mr. George’s plantation because he owed a debt he did not wish
to pay. After the murder he tied the body up in a sack filled
with earth and threw it into the river. Luis is also an accom-
plice as he was actually present when the murder took place
and helped to dispose of the body. This is an atrocious crime
and merits the gravest punishment so as to serve as an example
to all slaves and free men in the colony. This is ordered sent
to Clement who must name a defender within one day with a
warning that if he does not do so one will be named for him
officially. Clement names Pedro Ignacio Cowley who accepts
and qualifies.

Leonardo Mazange is named defender for Jacob and em-
powered by Mrs. Macarty to defend her slave, Luis, as attorney
he asks to have his clients absolved and set free and the other
party condemned to pay costs. Nothing has been proven against
Jacob and Luis, nor have they confessed to the crime that

Clement
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. Bellile’s

Index to Spanish Judicial Records of Louisiana 697

to get the silver and the latter to cut wood. In a second declara-
tion he says that it was J acob in company with his master that
bound Clement until shackles were placed upon him.

Antonio upon being questioned says it was he who put the
irons on Clement whom he found in Maria’s cabin in bed with
his hands tied behind his back, he did not notice if he was well
or badly tied. It was Mr. Cabaret who had asked his master
for the use of his services because he is a blacksmith. :

Maria Juana, aged twelve was called and because of her
youth was not made to take oath. She was asked for whom she
called Marie on the night of Monday, the 27th of October? She
said it was for Clement who was in the cabin with Jacob who
asked her to call Maria. Questioned if there were any others
with them? She said no, they were alone.

Galvez on Odoardo’s advice now rules: In order that there
may be some one to represent public vengeance (vindicta pub-
lica, atonement for crime as an example) His Lordship says
that he named and did name as prosecuting attorney, Francisco
Broutin, who must be notified for his acceptation and oath and
done, deliver to him the records of these proceedings so that
within three days he may formulate the accusation against these
parties. Mr. Cabaret, the owner of the slaves must defend, or
abandon them, the notification of which, because of the distance
of his domicile, must be entrusted to Captain Don Francisco
Bellile, Commander of the Post of the German Coast. Place the
first proclamation for the mulatto, Luis in a separate folio as
the law requires, this decree, in certified copy, serving the
present escribano to begin the folio. Let Mrs. Macarty, Luis’
owner, be likewise notified of this decree for the same end.

Francisco Broutin accepts and qualifies as prosecuting at-
torney and Cabaret Detrepis abandons his two slaves to the
justice of the Court. Francisco Munoz, warden of the prison,
certifies that he holds Mrs. Macarty’s Luis a prisoner. He was
arrested in his flight, according to the information given by
Carlos de la Chaise on a verbal commission from His Lordship.

Luis’ confession is then taken, he says he is named Luis,
born in Illinois, does not know his age, but seems to be about
twenty-six, @ bachelor and a field laborer for his owner, Mrs.
Macarty. He was arrested by Mr. de la Chaise in one of Mr.
Alexandro Baure’s cabins, where he had gone intending to give
himself up. He thinks the reason for his arrest is because
Clement wished to complicate him in Pedro’s murder. Asked
who told him this? He said it was Mr. Laveau, just as soon as
he was arrested, but that he had not seen Clement in all the
time he was a fugitive which was from the first cutting of the
indigo.

Asked how he could make such a statement when he was
with Clement Monday after mid-day October the 27th, at the
time that Pedro passed in the pirogue with Guiaca going up the

700

2nd. Q.

3rd. Q.

The Louisiana Historical Quarterly

some merchandise that he brought in a trip down from
Illinois and after he arrived he went to the witness’
house one day.

Augustin Moreno. He knew Augusto who had commu-
nications with Bernardo Ansono and for this reason the
witness trusted him to sell a barrel of, wine and three
bottles of anisette, this was about five years ago. From
that time he has not gone back to see him, nor does he
know where he is. He, the witness, was overtaken by
a very serious illness so that he has forgotten the mat-
ter entirely.

_ Pierre Pizani. He knew Augusto de Filstan very well

because he had eaten with him at Mr. Auson’s house and
had made a note for him in favor of Paturel. This was
in the year seventy three. After this time he did not
go back to see him although he had heard it said that
he had been to Auson’s house to adjust his accounts he
also heard a report that Augusto then had 200 barrels
of corn up above. He does not know what has become
of him although he knows very well that when he said
good bye to the witness he said he was going up the
river. He does not know anything else.

How was he employed with any other information that
they may have upon his trade?

_ Dominico Castel. He made trips up above.
. Augustin Moreno. At the time he knew him he owned

two boats.

. Pierre Pizani. He made voyages on the river, or hired

himself out to others to row for them, but he does not
know if he had any other employment.

How long is it since they have seen him?

. Dominico Castel. As he remembers it seems about two

years, more or less. He does not know anything else
about him, nor what has become of him.

A. Augustin Moreno. He refers to what he has already

declared.

A. Pierre Pizani. He refers to what he has already declared

and says he does not know anything else.

The proofs of Leonardo Mazange, as attorney for Jacobo
and Luis. He asks to reproduce the summary investigation and
the confessions and the decrees up to page 48 together with his
petitions on pages 52 and 58 and all else favorable to this cause.
Petition granted.

Francisco Broutin, as prosecuting attorney asks to have
Jacob put to torture so as to discover whether or not he was

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crime
penalt

702 The Louisiana Historical Quarterly

be taken from the prison, mounted on a beast of burden with
a halter around his neck, bound feet and hands, with the voice
of the town crier who will make known his crime, he will be
thus carried through the public and accustomed streets to the
gallows where he will be whipped and afterwards hanged on
it until he is actually dead. This carried into execution his
body will be put into a leather sack with a dog, a viper, a monkey
and a cock, the mouth of the sack sewed up, will be pitched
into the river. I must absolve and do absolve, therefore, of
the crime of homicide, the negro. Jacob and the mulatto Luis,
but I find Jacob convicted of robbery and Luis of running away
and committing petty thefts, I must condemn and do condemn
them to two hundred lashes at the foot of the gallows and in
order to clear them from the imputation of the guilt of the
crime of homicide that has been brought against Jacob, after

the sentence pronounced against him has been executed he will,

be delivered to his master who will keep him in chains for three
years, with the charge to watch particularly over his conduct.
All costs to be paid jointly in common the taxation of which is
entrusted to Don Andres de Armesto, who must first accept
and take oath. I order that the Reverend Father Vicar be noti-
fied of this sentence so as to provide the criminal with the
spiritual help that belongs to his office. For thus I pronounced
it and ordered it, definitively judging on the advice of the gen-
tleman who is my assessor to which I attest. (Signed) Ber-
nardo de Galvez. Cecilio Odoardo. Before Juan B. Garic.

Garic certifies that he read the sentence of execution to
Clement in the public prison. The next entry, also by Garic is
to the effect that in his presence and that of the sheriffs, Pedro
Pisania and Gosson, Clement was conducted to the prison chapel
to receive spiritual: consolation from the Reverend Father. He
was placed in irons so as to carry into execution the foregoing
sentence.

The escribano then reads the definitive sentence to Jacob,
then to Luis and lastly to Francisco Munoz, warden of the prison.

The sentence is carried into execution: At about half past
ten in the morning, Francisco Mufioz, warden of the prison,
having made the transfer, officially, of the persons, Clement and
Jacob, negro criminals belonging to Pedro Cabaret Detrepis to
the said Pisania and Gosson, ordinary sheriffs of the Royal
Court so as to fulfill the order contained in the foregoing sen-
tence, they were taken from the Royal Prison with the assistance
of the sheriff major and the above named ministers of justice
and of me the present escribano and with the help of two parties
of soldiers of the fixed regiment of this place, with the town
crier in front, who went proclaiming in a loud distinct voice the
public call of the following tenor: This is the justice that the
King, Our Lord, has ordered done and in His Royal Name, His
Lordship, the Governor General of this Province, Don Bernardo

de (
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‘

Index to Spanish Judicial Records of Louisiana 701

implicated in the murder of Augusto and an accomplice in the
crime treated of in these proceedings. This is ordered sent to
the other party. Leonardo Mazange answers, protesting as he
says torture has no place in this circumstance as no crime has
been proven against Jacob and in a case of this kind the law
does not permit of such a dangerous means to learn the truth
of an act. It has been found that criminals under torture do
not confess their crimes and that the innocent often confess
to what they have not done. The law does not permit torture
because of the absence of a man, who is said to have been killed,
the proof of whose murder has not been proven in these pro-
ceedings. In consideration of this he asks to exclude the pro-
motor fiscal’s unfounded claim. Galvez rules, on Odoardo’s
advice, considering the request brought by the Promotor Fiscal
and the objections made to it by Jacob’s curator, he condemned
and did condemn Jacob to suffer torture, reserving to himself
‘the right to determine the kind and manner of it.

Torture proceedings are recorded as follows: On February
11, 1778, at ten o’clock in the morning, Governor Bernardo de
Galvez went to the Royal Prison and ordered Jacob to appear
before him in the presence of the escribano, the Assessor Gen-
eral and the interpreter. He was told to speak the truth con-
cerning Pedro’s and Augusto’s deaths. His Lordship told him
that in case he refused to speak the truth, the sentence of
torture would be carried out against him. He answered that he
had not committed the crime of which he has been accused and
then having reiterated his denial, the application of torture was
ordered. He was placed upon a gun carriage at a distance from
the fire, because there was no other machine for roasting (ma-
quina de las ozadas “asadas”?) in the prison and having applied
it in a manner that he felt the heat, he cried out denying the
act and that he had no knowledge of Augusto and that what had
been attributed to him by Clement is false. With this statement
after reflection, His Lordship ordered the torture discontinued
to be resumed some other day. All four officials present signed.

The second torture proceedings took place on February 12,
at ten o’clock in the morning. He was put to the same torture
as before and continued to deny his guilt of either crimes of
which he had been accused. The proceedings were ordered sus-
pended until the next morning. The third application was like
the first two. Jacob maintained his innocence of both crimes
and no matter how much they made him suffer he would not
declare anything. After three attempts to wring a confession
of guilt from Jacob, the criminals were cited to hear the final
sentence.
Whereas: Judgment attentive to the merits of the process
as resulting, the negro, Clement, convicted and confessed to the
crime of paricide, I must condemn and do condemn him to the
penalty of death and the justice that I order done is that he

hy VETESUTN SE Rated the ha ted eke te dens tetees eal ad ya edge eenengaeRg sags, !
a «

H
5
;
‘i
a
i

Er er

Index to Spanish Judicial Records of Louisiana 703
‘ith ; de Galvez, to these criminals. To Clement for having murdered
ice his brother, to Jacob for having robbed. Clement has been con-
be demned to the ordinary penalty of death on the gallows, after
tha ¢ having been lashed at the foot of the gallows, after death his
on . body put in a leather sack with a dog, a monkey, a viper, and
his a cock and the sack sewed up at the mouth will be dragged” :
ke ; along and pitched into the river. Jacob will receive two hundred
hed lashes at the foot of the gallows and returned afterwards so
of - as to be delivered to his master so that he may be put in chains
lis, i for three years, and to have his conduct particularly watched.
vay i He who does such, must pay such. '
mn They were conducted through the public and accustomed
in streets of the city until they arrived at the Plaza (Square) where
the y they found the gallows. It was then about eleven o’clock. Clem-
‘ter } ent was whipped at the foot of it and afterwards hanged on it
vill | ' by the neck by Miguel, the negro executioner of the sentence
ree : until he seemed to be dead and did not give any signs of life.
ict. é Jacob was bound at the foot of the gallows where he received
1 is two hundred lashes which were given to:-him by the executioner.
ept q All this done, Clement’s body was removed from the gallows
oti- } and put in the leather sack in conformity to the sentence and
the dragged to the river and pitched in. Jacob was returned to the
ced prison.
en- In testimony whereof I set this down as a matter of record,
ser giving attestation to all of it. (Signed) Juan B. Garic, Notary
Public.
to : Costs taxed February 26, 1778, by Manuel Andres Armesto
: is -» at 186 pesos, 1 real.

(To be Continued)

40 Master

a revolver which was lying in a drawer of his desk, and
began blazing away at the thugs. His fire was returned but
the battle was too unequal. With young Dietrich dead,
Brownson had to bear the brunt of the attack of all the
hooded men, and, struck by a bullet in the abdomen, he
fell to the floor moaning. None of the bandits apparently
was hit

The little man in the white hood, carrying a revolver
in one hand and a flour sack in the other, stepped calmly
into a cage and swept all the cash in sight into the sack.

When he returned to the lobby, the five bandits dashed
out of the bank and jumped into the automobile, which
immediately sped down Dauphine Street.

Patrolman Chester Keating was in a restaurant at 830
Piety Street, not far from the bank and only a few doors
from his home. The reverberations of the shots came to
his ears as he ate. Being off duty, he had no weapon.
Dashing home, he obtained a gun and hurried to the cor-
ner of Piety and Dauphine Streets, just in time to see the
bandit car disappearing. Running into the middle of the
street, he fired several times, but his shots failed to halt
the car, which swung around the corner and was gone.

Corporal Richard McNamara (now Lieutenant), Patrol-
man John Blass (now Sergeant), and Chauffeur Albert Kolb,
all of the 5th Precinct, reached the scene almost imme-
diately, and a few minutes later | arrived with my brother,
Detective William Grosch, and Detective William Vander-
vort. f

We entered the bank at once and questioned the over-
wrought employees. The picture was staggering. Pierre
Rizan and young Dietrich lay dead in pools of blood, hor-
ribly mutilated. Standing over the body of his lifeless son,
was Charles Dietrich, the lumber man. Blood was run-
ning down his hand. So horrified had he been at the slay-
ing of his son before his eyes, that he was not conscious he
had been shot until his attention was called to the wound.

At my request the bank employees reenacted the scene,
while Doctor George J. Roeling, coroner, examined the two
victims and attended the wounded. The bodies of Dietrich
and Rizan were then removed. Brownson was taken to
the Charity Hospital.

Approximately $3,100 had been stolen, and the duration
of the hold-up and double murder, by all accounts, had been
something less than five minutes. °

Outside, officers whom | had left to question witnesses of
the raid had interviewed Frank J. Ibos, who lived four doors
from the bank.

“T had been in the cobbler’s shop talking to a man and
was just about to leave for home when I heard two shots,”
he said. “I crossed the street and was approaching the bank
when [| saw a hooded man standing in front of it with a
gun in his hand.”

“What size man was he?”

“He looked to me rather small, but he had on a slicker
and a hood and it was this that attracted my attention
more than anything else about him.”

“Okay, what else did you see?”

“When | saw that man with a gun, I decided not to go
home, for a while anyway. I turned back and slipped into
Centanni’s grocery store. As I did so, I noticed an auto-
mobile parked against traffic at the intersection of Dau-
phine and Piety Streets. I said. to myself, that’s the ban-
dits’ car, so | took down the number—107-181. Miss Jose-
phine Centanni was in the store and I told her to make a
note of that number and call up Police Headquarters. She
did so.”

“\Was that a Louisiana license: plate, Mr. Ibos?”’

“Yes.”

“And what did you do then?”

“) walked back into the room behind the store and
waited until the cops came.”

“Did you notice the make of the car?”

“It was a Buick; I’m sure of it.”

Within the bank I studied the situation. From the re-
enactment of the crime I was able to visualize just what
had happened in detail, but the cleverness of the bandits
in wearing slickers and hoods made identifications impossi-
ble. There was not one employee or customer who could
give me an idea of what any of these murderous thugs
looked like. They had seen neither hide nor hair of them.
All were agreed on one point, however; which was that

Detective

From the door at left, as
indicated by arrow, the
killers, their faces hidden
behind grotesque masks,
entered the bank. Their
guns flashed death to
Guard Pierre Rizan (in-
set), who fell at spot

marked by cross

none of the bandits was a large man, and that the thug who
had carried out the money in a flour sack was unusually
short.

The wearing of slickers by the bandits interested me
keenly, especially in connection with the employees’ state-
ments that none was a large man. This was not the first
slicker-disguised bandit raid we had had in New Orleans.
though it promised to be as baffling as those that preceded it

DP URING the year 1929, merchants had been terrorized
by hold-up men wearing slickers; and similar crimes had
followed spasmodically thereafter. At times we believed
that all these hold-ups had been perpetrated by the same
group of thugs; but there was no way of proving this.
Similarly, at times we thought we knew fairly accurately
who made up this group, but we couldn’t prove this either.
Any group of robbers might have taken it into their heads
to wear slickers while pulling a job; especially after the
first robbery in this disguise appeared successful. No one
could go into court and identify certain people as having
been engaged in a hold-up, when their only recognition of
them would be the slickers.

PEM

—_ ‘

to be
4d have
e have
2 is on
y part
is. The
ney to

s were
e peni-
e char-
1 filled

:dward
‘auche.
Station

-otested

“You
zarte 1S

about
it. bank

i why did
o be bum-

vered, “but
when you
dn’t your”
n, he said:
_ He said
on him by

hings were
out a clue
r and over
yank clerks

and Ugarte
em were in

diminutive

{ think of
hat the one

Smashing New Orleans’ Reign of Terror 43

who shoved the money into the flour sack was ver small,
and Jimmy Kavanaugh, commonly known as “Red,” though
he was nineteen, was a little bigger than a large child.

Immediately on reaching Headquarters, I summoned De-
tectives Robert Hackney and Robert Smith.

“Go out and get James “Red” Kavanaugh at once. You
know him, or ought to. He lives at 514% Philip Street.
You can’t miss him. He’s a stocky little runt with a shock
of red hair.”

At four o'clock that afternoon, Kavanaugh was safely be-
hind the bars at the 7th Precinct Station. When I ques-
tioned him, he said:

“Sure | know Cefalu, Ugarte and-Cauche, but | haven't
seen those dudes in months. | can prove it, too.”

Long hours of grilling followed, but the evasive Kava-
naugh was as elusive as we were persistent. He had an alibi,
of course, and it checked apparently satisfactorily. We had
pote incriminating against him, but his bad record and

is size.

That night, driven almost to desperation, | determined on
one more attempt to crack Kavanaugh. Lieutenant Schwehm
and | went to the cell block. Kavanaugh was asleep
on the bunk in his cell when the thud of footsteps on the
iron ladder leading to the tier aroused him. His hands
whitened at the knuckles, so tensely did he clutch at the

bars as he watched us ascend.

The cell door clanged open. Kavanaugh walked out.
There were a few words of greeting, then I said:

“Kavanaugh, you were in on that bank job, and | know
it. Suppose I tell you that one of the gang has talked and
put you in it up to the hilt?”

Kavanaugh’s eyes shifted uneasily.

“You're merely a boy,” | continued. “You don’t want to
die on the gallows if you didn’t do it. Don't let the others
put the finger on you and make you pay for something you
didn’t get.” - ;

Kavanaugh merely moved uneasily and blinked his eyes.

“M AYBE we can help you. Use you as State's evidence,”
I suggested.

The red-haired youngster looked up eagerly.

“Are you sure I won't hang if I sing?” he asked.

“You play fair with us and we'll play fair with you,” I
replied. “Meanwhile I think we can fix you up with more
comfortable accommodations at Headquarters.”

As we made the trip in our car, we chatted affably with
the prisoner, and by the time Headquarters was reached,
had obtained the diminutive criminal’s confidence.

Once inside the station house he was willing to talk. He

- stated he had been the driver of the stolen car used in the

hold-up of the bank, and named Cefalu, Ugarte and Cauche
as the gunmen who entered the building.

Was he telling the truth? We didn’t know.

His story accounted for only three hooded men in the
bank, with himself at the wheel. We knew that five hooded
men had entered the building, with a sixth at the wheel.
If Kavanaugh’s story were true as far as it went, why was
he withholding the names of the other two men? In an en-
deavor to clear up this point, we questioned Him over and
over again, but got nothing further. He stood by his con-
fession, but refused to amplify it, though he stated his will-
ingness to go on the stand as the State’s leading witness
against his companions in crime.

By the time Kavanaugh came to trial, however, he had
changed his mind. He repudiated his confession and fought
to save himself. But the confession was permitted as evi-
dence, and the jury, evidently believing that part of it in
which he stated that he was the driver of the car, found
him guilty and gaye him a life sentence. He was taken
from the Parish Prison in New Orleans to the State penal
institution at Angola.

A short time later, Ugarte and Cauche were released from
custody on bond, as there was no evidence against them
except Kavanaugh’s confession, and Kavanaugh, angered at
his conviction, refused to be a witness for
the State against his two confederates.

In the meantime, of course, the Buick
with Louisiana license number 107-181,
had been found abandoned on St. Mary
Street. It had been stolen, as we
suspected, and was of no value to us
other than to confirm our belief that the
bank robbers were the same Buick-lov-
ing bandits who had terrorized New Or-
leans merchants during 1929 and 1930.

Months went by and it began to look
as if that hold-up and double murder of
December 31st, 1930, would have to be
marked down as unsolved, even though
we felt sure we knew the identities of
some of the bandits. Cefalu was dead,
of course, and “Red” Kavanaugh was in
jail. We had (Continued on page 66)

42 Master

mixed up in the bank robbery? Neither of them had had
any money on their persons when they were picked up, and
both had answered all questions satisfactorily. But how ex-
plain the presence of that money in the yard near the garage
which these two toughs frequented?

At the 9th Precinct Station, Claude Cefalu stood at the
Sergeant’s desk while Captain Lannes explained that he was
to be held for investigation under suspicion of murder.
Cefalu apparently was not worried. He had been held on
that charge before, and each time had been released.

Nothing seemed to work out right. Maurice B. O'Neil,

Superintendent of the Bureau of Criminal Identification,
made a microscopic examination of the roll of money found
by photographer Valeton. The bills contained no finger-
prints.
I questioned Ugarte in the presence of Captain Alfred
Malone, Captain Piso Daniels, Captain William Healey,
and Lieutenant Joseph Schwehm. Ugarte answered all
questions calmly and satisfactorily. He insisted that he
had not been in or near the bank at the time of the robbery;
that he had been with a girl friend at that hour. His alibi
was checked and apparently found to be sound. I ordered
him returned to the Ist Precinct Station.

Cefalu was the next one to be questioned. He was on his
way to Headquarters in custody of Captain Lannes after be-
ing charged in the 9th Precinct Station.
While I sat in my office awaiting their
arrival, the telephone rang. It was Cap-
tain Lannes.

“Better take a ride out to Charity
Hospital, Chief,” said the captain.

“Why?” T asked.

“Cefalu is dead,” said Lannes.

“What happened?”

“He grabbed for my gun while in the
car at South Claiborne Avenue and
Perido Street and tried to shoot me. I
regained the gun and while. we were
struggling, the muzzle slipped in Cefalu’s
mouth and the gun went off.”

“Better come in and make a report of
the details,” | answered, and hung up.

Turning from the telephone, I said:

“Well, boys, Lannes has just killed

Detective

Cefalu in a battle, and I guess none of us is likely to be
sorry; but it might have been easier for us if we could have
talked to him. This case is fast becoming a jinx. We have
fallen down with Ugarte; Cefalu is dead; and Cauche is on
the lam. All we’ve got is $485 which is undoubtedly part
of the bank loot, but a hell of a lot of good it does us. The
bills have no finger-prints and we can’t tie the money to
any of the men we suspect.”

THAT was a Sleepless night for all of us. Orders were

sent out to pick up every convict released from the peni-
tentiary in recent:months, as well as all known police char-
acters. «very precinct station in the city was soon filled
to overflowing.

With the morning came good news. Patrolman Edward
Scanlan, of the 5th Precinct Station, captured Owen Cauche.
Summoning a riot car, | drove to the 3rd Precinct Station
in the Vieux Carre, where Cauche was held.

“You ain’t-got nothing on me,” the prisoner protested
when we appeared.

“Maybe we have and maybe we haven't,” I said. “You
know by now that your pal, Cefalu, is dead and Ugarte is
in jail, don’t your”

“Yes,” sneered Cauche, “but I didn’t know much about
those guys anyway. I had nothing to do with that bank

job like you coppers think.”

“We are not saying you did,” I countered, “but why did
you run away?”

“Because you had me wrong and | don’t want to be bum-
tapped,” answered the prisoner.

“We don’t want to ‘bum-rap’ anybody,” I answered, “but
we picked up $485 in that yard you ran through when you
escaped. What about that? You hid it there, didn’t you?”

Cauche turned pale. Then after some hesitation, he said:

“Cefalu gave me that money to hold for him. He said
he didn’t want to be found with all that dough on him by
the coppers.”

Leaving him, I returned to Headquarters. Things were
certainly discouraging. Here was a crime without a clue
and every hunch so far had gone wrong. Over and over
again in my mind I repeated the words of the bank clerks
—‘“none was a large man.”

Cefalu was small, but he was dead. Cauche and Ugarte
were bad men and they weren’t big. Both of them were in
jail, and yet we had nothing on them. 2

Suddenly I thought of another—an almost diminutive
man.

“Red” Kavanaugh, a real runt. Why didn’t I think of
him before? The bank employees had stated that the one

hug who
inusualls

rested me
‘es’ State-
the first
Orleans,

eceded it

terrorized

accurately
this either

their heads

after the

No one
as having
gnition of

Smashing

im |

However, one thing did stand out in this particular rob-
bery, which was that the men went into the bank—shooting.

This was characteristic of a slicker mob on whose heels
we had been for many months, without being able to suc-
cessfully trap them. And this mob, too, had used a: Buick
car and “none was a large man.”

| thought of this mob as I stood in the,bank studying
over the murderous activities of these hooded thugs; and as
| did so I recalled an experience which inclined me to tie
one of the most despicable groups of young criminals to
this particular crime.

One bleak November night, Superintendent George Reyer
and | were cruising about in a scout car. We came suddenly
on a Buick sedan at Esplanade Avenue and Burgundy
Street. We were at that time hot on the trail of a group
of slicker-hooded bandits and weren't passing up any sus-
picious looking Buicks.

We forced the suspected sedan to the curb and [slipped
from our car and walked toward the Buick. A fusillade of
shots greeted me, and one of the bullets made a hit. Though
| distinctly felt the impact of the bullet and the searing
pain. I was able to return the fire, wounding and capturing

New Orleans’

Terror 4)

one of the bandits, who proved to be a tough known as
“Red” Cologne.

Cologne, under repeated questioning, finally confessed to
participating in a number of slicker-hooded robberies, and
named a hard-boiled skunk, Claude Cefalu, as his accom-
plice. Cologne was sentenced to serve from fourteen to
twenty-eight years in the Louisiana penitentiary, where he
now is. Cefalu was arrested.

The stiffness of the sentence caused him to withdraw his
accusation against Cefalu; and as he also took the blame
for assaulting me with firearms, we had nothing to hold
Cefalu on and were forced to turn him loose. Again the
slicker disguise had balked our efforts.

By keeping close tab on him, however, we found that this
tough gun-toter had teamed with two other young criminals
both under twenty, who were continual thorns in our sides
—Joseph Ugarte and Owen Cauche.

All these things swept through my head in far less ume
than it takes to tell about it. It was this gang we suspected
of other slicker-hooded robberies, and | felt sure that it was
this quick-shooting mob that had perpetrated the Whit-
ney National outrage. But—would we be able to prove it;
or would we fail, as we had failed before, to ensnare these
murdering gunmen through lack of ability to identify them?
Only time would tell.

| stepped to the door of the bank and signaled to De-
tectives Sydney Leaber and Rudolph Slicho

“Go at once to 3004 St. Philip Street,” I instructed, “and
pick up Joseph Ugarte. | don’t know for sure that he’s
mixed up in this, but I want to have a talk with him.”

The two officers looked at me in amazement, then hurried
off. In less than two hours, Joseph Ugarte, seventeen-year-
old bad youth of New Orleans, was seated in a cell, and the
turnkey had instructions to permit no visitors.

When I returned to Headquarters, | checked with Anthony
O’Boyle of the Bureau of Identification on the descriptions
of the other two of the trigger-tugging trio, Owen Cauche
and Claude Cefalu, whom we had linked with Ugarte as
chief suspects in other slicker-hooded robberies. When |
read them over I immediately ordered their arrests.

It was not long before | got a response.

CAPTAIN THOMAS CAPO, with Detectives Lawrence

Serpas and John Joly, after receiving my instructions
had gone immediately to a garage across from Washington
Square, which they knew was a hangout of these two young
toughs. They cornered them in the washroom of the garage
and captured them, telephoning the news to me

With Captain of Detectives Frank Lannes, | sped out to
the scene of the capture. When we reached there we were
dumfounded to learn that young Cauche had escaped. The
two thugs had been gated in the police car, guarded by
Detective John Joly. Cauche had suddenly sprung at Joly
smashed him in the jaw, dashed across the street and into
a yard, with bullets from Detective Joly’s revolver beating
at his heels. Cefalu also made a break, but Detective Ser-
pas, whose attention had been attracted by the commotion,
cracked down on him, and he was thrown back into the car
and manacled.

Meanwhile, Cauche, displaying the agility of a cat,
climbed a fence and escaped. A police net was immediately
thrown around the neighborhood, but no trace of the fugi-
tive bandit was discovered.

However, while following the route taken by Cauche in
his flight, Oscar J. Valeton, a newspaper photographer, stum-
bled over a piece of tin that protruded from the ground in
the yard through which Cauche had run. Turning back to
glare at the cause of his discomfiture, Valeton caught a
glimpse of something green. Stooping to investigate, he
tugged at the piece of metal. When he pulled it from the
earth in which it rested, a roll of bills came to the surface.
Counting it quickly, Valeton found that the roll amounted
to $485.

Taking care to keep it free of finger-prints, he turned it
over to me. The money was placed carefully in an envelope
and sent back to Headquarters for examination

Unsuccessful in their search for Cauche, the officers re-
turned to the police car. | told Captain Lannes to take
Cefalu to the 9th Precinct Station, an old reconstructed
Spanish dungeon.

We were in a quandary

Reign of

Had Cauche and Cefalu been

had come
e body to
‘r had be-
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hidden

TRAPPING THE
NEW ORLEANS
BANK MOB

[Continued from page 37]

away from the saloon, so as not to give
away the fact the Dallao place was under
surveillance, the detective halted and
frisked Owen. He found a .32 caliber re-
volver in his hip pocket.

“Where'd you get this?” asked the
officer.

Frightened at heing caught with a gun
on him, Cauche admitted Anthony Dallao
had given it to him.

The detective took his prisoner to head-
quarters and Cauche was locked up again,
charged with the possession of a con-
cealed weapon.

Immediately, Grosch organized a raid-
ing party and headed for the Dallao sa-
loon. Entering from front and rear at the
same time, the police lined up everyone
in the place and started through the two-
story frame building. In the kitchen they
found a sawed-off shotgun and two auto-
matic pistols. Upstairs in a dresser drawer
were two revolvers.

The Dallao brothers, who were in the
saloon at the time, were brought to head-
quarters and held for questioning while
O’Neil, the ballistics expert, examined the
guns to determine if any of them had been
used in the Whitney bank killings.

It didn’t take long, Comparing the shot-
gun shells found on the bank floor with
others he fired from the weapon, and not-
ing the marks left by the firing pin,
O’Neil reported that the shotgun un-
doubtedly was the weapon with which
both Rizan, the guard, and Gilbert
Dietrich had: been slain. Moreover, the
ballistics man identified one of the auto-
matics as the weapon with which Brown-
son and the elder Dietrich had been shot.

’

EORGE and Anthony Dallao denied

vehemently that they knew anything
about the holdup or killings, but Grosch
had yet another surprise for the brothers.
Anthony’s hair was black and he was
extremely fat and. when the report came
back from the laboratory that strands of
hair taken from his head matched those
found in one of the hoods, the brothers
were charged with being accessories be-
fore and after the fact of murder. Further
tests proved the chemical content of per-
spiration in the hood was the same as
Anthony’s.

Thoroughly . frightened now, Cauche
began to talk. He still denied he had
anything to do with the raid and murders,
but apparently thinking to save himself,
he told Grosch a 19-year-old youth known
as “Red” Cavanaugh might know some-
thing about it.

“Red,” Grosch said in reflection when
Cauche had been taken out. “Why, of
course. One of the hoods was worn by a
redhead.”

It was not difficult to find curly-haired
Red Cavanaugh. His first’ name was
James and he had long been associated
with a mob of teen-age boys.

When Cavanaugh was brought in and
told Cauche had put the finger on him, he
merely laughed.

“Go ahead and prove I had anything to
do with it.” he challenged.

But again the little tell-tale strands of
hair told their story and the redhead was

locked up and charged with being an ac-
complice in the bank holdup and double
slaying.

Grosch now had three suspects in cus-
tody and one was dead. This left at least
one more to round up. But question as he
would, none of his prisoners would admit
Participation in the crime. Meantime, the
Dallao brothers had obtained their release
on bond. |

A few days later Red Cavanaugh said
to Grosch. “Look, Chief, what’s in it for
me if I tell you something you'd like to
know?”

The detective told him he could not
promise anything but if he had something
to say, it would be a good idea to say it
before he went to trial.

“Well,” the redhead finally said, “the
fellow you want is Joe Ugarte. He was
the leader of the mob, I heard.”

“You heard?” Grosch stared hard at
Cavanaugh. “Weren’t you there? Better
give the whole score now that you're
singing.”

When the detective chief left the cell,
he carried with him Cavanaugh’s written
confession in which he implicated Cauche,
Cefalu, Anthony Dallao and Ugarte. He
declared he (Cavanaugh) had been the
driver of the car and the others had gone
in the bank while he waited outside. He
said he didn’t know who actually did the
killing.

Grosch told him that wouldn’t make it
any easier, because all members of a gang
connected with a felony murder were
equally guilty. But he didn’t say anything
about the red hairs found in one hood,
though he beliéved the redhead was lying
about his role in the raid.

A few days later Joseph Ugarte was ar-
rested in Baton Rouge and brought back
to New Orleans. Having still found only
three of the four hoods worn in the bank
holdup, the police could not make any
hair test on Ugarte. But, on the strength
of Cavanaugh’s confession, he was held
and charged with murder. Ugarte pro-
tested his innocence loudly.

Cavanaugh’s trial date was set for
January 26, 1931. Two weeks earlier the
Dallao brothers had been granted sepa-
rate trials as had Cauche and Ugarte,
who also were freé on hail.

In court, the redhead repudiated his
confession to Grosch, claiming he had
been threatened and misused before sign-
ing it, but he was found guilty as charged.
The jury’s recommendation of mercy
carried an automatic sentence of twenty
years to life.

However, the prosecutor realized that
Cavanaugh’s repudiation of his confes-
sion, in which he had implicated the
others, weakened the state’s case against
them. He knew that even with ‘the hairs
and the ballistics reports, a shrewd de-
fense attorney might capitalize on the
fact that, due to the hoods and enveloping
robes worn during the bank holdup, no
one could possibly identify them.

The defense could claim they had once
owned the hoods containing the hairs, but
had sold or given them away prior to the
crime. As for the murder weapons, there
was no proof any of the suspects had
possessed them the day of the raid.

Without confessions, or unless one of
the members of the mob turned state’s
evidence to testify against the others,
District Attorney Charles A. Byrne real-
ized all the other evidence would be weak.

Grosch and Byrne decided to make one
last attempt to persuade Red Cavanaugh
to testify for the state against the others.
They went to the penitentiary where he
was confined and put the question to him.

Cavanaugh merely stared at them in-
solently and maintained a stony silence.

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Dates for the trials for the Dallao
brothers, Ugarte and Cauche were set
several times after that but always post-
poned when no fresh evidence could be
found.

Finally two years passed and then
George Dallao and a man by the name of
John Capaci, were arrested for a grocery
store stickup in which the operator was
slain. Brought to trial, they were con-
victed and sentenced to be hanged.

A short time before the execution was
scheduled to take place, George Dallao
sent for Detective Chief Grosch. .

“Copper,” the condemned man said,
“you get me a reprieve and I'll give you
the dope that will break that bank murder.
case you have been working on all these
years.” :

“Pretty late, isn’t it, George?” the off-
cer asked him. “But anyway, I'll see what
I can do if you’ll give me an idea of how
good your information is.”

Dallao hesitated. “Look Chief, I know
I’m going to die so a little longer to live
looks pretty good to me. But I want to
go with a clear conscience. You got most
of the gang, all right. but there is one that
should be put away along with ’em.”

Grosch said: ‘“Who?”

“Talk to Joe Oliver. He's out West
somewhere,” Dallao replied.

Detective Grosch attempted to get the
stay of execution for George Dallao, but
it was too late. Before the governor could
be reached, he and Capaci were hanged. :

Grosch didn’t know any Joe Oliver. A
visit to the penitentiary where Cavanaugh
was serving his life term, failed to elicit
much information.

The search for Joe Oliver was pressed
for a time, then dropped as other crimes
occupied the attention of the police and

the district attorney. The Whitney Na-
tional Bank murders appeared to be con-
signed to the “case closed” file, with the
conviction of Cavanaugh.

CHE day early in 1936, more than five
‘years after the crime was committed.
Red Cavanaugh sent for Grosch. “Chief,”
said he, “I’ve decided to come clean. Life’s
getting pretty unbearable here and I’d
like to get square again. Maybe that will
help.”

Cosechi said: “Yes, Red? Well, what
about it?”

“I’ve decided to clean up that bank
murder business for you. I’m tired. of
taking the rap for the whole'thing.”

He was silent a moment while the de-
tective waited. “I hear through the prison
underground that Joe Oliver is working
in Los-Angeles. He should be easy to
find.”

There was another pause, then Cava-
naugh started talking. He said Claude
Cefalu was the leader of the mob and the
one who shot the guard and young Die-
trich. Joe Ugarte was the bandit who
fought with Dietrich while he (Cava-
naugh) and Owen Cauche took the money
from the tellers’ cages. :

He accused George Dallao of being a
sixth member of the raiding party who
stood guard unmasked at the door of the
bank. The redhead said Anthony Dallao
was not on the raid, but helped organize
it and supplied the weapons, robes and
hoods. ‘

Joe Oliver, he declared, was the driver
of the car. He didn’t wear a disguise cos-

tume like the others, but covered his face.

with his handkerchief while waiting in
the automobile. After the robbery, the
men were driven at once to the Dallao
saloon where the money was divided and
the guns hidden, ‘Then Oliver drove the
machine farther out St. Mary Street and

ree

abandoned it. He said all but Ugarte for-
got, in their haste, to remove the hoods
and cloaks from the car.

“Get Oliver and he will tell you what I
have said is the truth,” Red concluded.

“One more question,” the detective
chief said. “You say Anthony Dallao was
not on the raid?”

“That’s right, but he got his share of
the loot.” ‘

“Did he ever wear.any of those hoods
on other raids?” Grosch asked.

Cavanaugh laughed. “Did he! You wish
you had a sawbuck for every time the
fat guy pulled one over his head and
stuck up a gas station or rolled a drunk
late at night. Why?”

The detective said: “Oh, nothing. I
just wondered.”

As he left Red’s cell, he smiled. Later
he explained to the warden that when
Cavanaugh said Anthony Dallao wasn’t
with the raiders, he thought the youth was
lying again, because of black hairs found
in one hood. But Red had explained it
satisfactorily without even knowing it.

Grosch immediately telephoned Los
Angeles police and asked for the arrest of
Oliver on a murder charge. Then, when
Cavanaugh agreed to return to New Or-
leans, tell his story to a judge and sign a
written confession, the two men started
back. ;

By the time they arrived, Joseph Oliver
had been picked up and Grosch dis-
patched two detectives to go to California
and bring him back. But Red Cavanaugh
again was to fail the detective chief with
the much wanted confession. The follow-
ing morning he was found dead in his cell
where he had hanged himself with his
helt.

Impatiently Grosch awaited the arrival
of Joe Oliver. He was a stave, handsome
young fellow, now 25 years old. He had

abandoned his life of crime and had been
working steadily in the California city for
‘ several years. At first when Grosch ques-
tioned him he denied any knowledge of
the bank murders.

Grosch did not tell him that Cavanaugh
was dead, but kept hammering home the
point that Red had confessed the entire
story and implicated him as the driver of
the car. Finally, after hours of question-
ing, Oliver admitted he had been the
driver of the car.

The detective chief did not make the
mistake this time of failing to obtain im-
mediately a written and witnessed con-
fession. His version: of the raid and
shooting was virtually the same as that
of Cavanaugh.

The case was immediately reopened and
District Attorney Byrne, brought out the
old indictments and again lined up the
scientific evidence that originally had been
collected almost six years before.

Cauche and Ugarte were re-arrested
and held without bail on a first degree
murder charge. Anthony Dallao, who had
been arrested and convicted three years
previously for an attempted bank rob-
bery, was serving a ten-year sentence in
the penitentiary. He.was brought back
and scheduled to be tried with the
others.

The trial was a long one and hotly con-
tested by defense lawyers, who tried to
discredit Oliver’s testimony. But two
months later, on September 15, 1936,
Joseph Ugarte, Owen Cauche and An-
thony Dallao were found, guilty as
charged. They were sentenced on Sep-
tember 19 to be hanged.

Oliver, who had turned state’s evidence
and whose testimony contributed much to
the state’s success in winning the convic-
tions, later pleaded guilty and drew a
long term in the penitentiary.

- MOUNTAIN
GRAVE FOR
ELAINE

[Continued from page 33}

Finally, however, in the midst of their
ceaseless questioning, the harassed sus-
pect let his tongue slip.

“Before she die—’ he began.

He caught himself before completing
the word, but the damage was done. After
that, he broke down and gave them the
confession they demanded. But it was a
strange story he told.

“Monday afternoon before I got home.”
he related, “I had a couple of drinks. Then
my father dropped in and we had a drink
together. After he left, I drank steadily
until dinnertime.”

Elaine, he said, was cooking steaks for
dinner. She came into the bedroom where
he was, and he suggested that they go
out and “do the town,” visiting their
favorite night clubs.

She refused to go out with him, assert-
ing that he was drunk and would, em-
barrass her. He then accused her of being
ashamed of him. She denied this, but said
she would not go with him in his condi-
tion,

“IT hit her with my fist,” he said. “Then .

something seemed to snap in my brain
and 1 hit her again and again.”

He asserted that he didn’t know how
he had killed his wife. He remembered

getting a piece of clothes line to truss her
up, but he said that was after he discov-
ered she was dead. He didn’t remember
strangling her. .

He said he carried his wife’s corpse to
the garage and placed it in the trunk com-
pageants of his car. Then, leaving the

aby unattended, he drove out into the

country somewhere and buried the

' body.

Asked to describe the location of the
grave, he said he had no idea where it
was. He finally admitted, however, that
he had driven across a long bridge.

“Tt may have been the Golden Gate
Bridge,” he said, “because I used to hunt
deer in the country north of there.”

Ahern and Captain English led a party
of officers in a search for the burial spot.
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tered Marin County, Panattoni’s memory
seemed to improve somewhat. He guided
them to a little used road, and even-
tually, after recognizing certain land-
marks, he told them to stop at a secluded
spot on a wooded slope of Mount Tamal-
Pais.

“Over there,” he said, pointing toward
a tangle of bushes, ferns and fallen tree
limbs. °

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been disturbed. After they had dragged
aside two heavy branches from a fallen
oak, Cahill began to dig. Presently his
spade uncovered part of a gay print dress,
and Ahern immediately halted the work
and sent for Sheriff Walter Sellmer
and Coroner J. R. Keaton of Marin
County. ‘

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was resumed and the body of Elaine
Panattoni was unearthed. The manacled

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found on the criminal. But experience
had taught him that killers such as
they certainly were dealing with al-
most invariably disposed of their
weapons to make sure no “hot” gun
would send them to the gallows.

The robes and hoods were of a com-
mon variety available in many stores
to Mardi Gras revellers. Grosch, who
now had taken full charge of the in-
vestigation, realized it easily might
prove impossible to identify the person
or persons who had purchased them
(they might even have been bought:a
year or more before), but still he as-
signed detectives to check stores in an
attempt to find where they had been
obtained.

HE hoods, at the suggestion of

Grosch, were sent to the labora-
tory where technicians examined them
for hairs that might have been left
from the heads of those who wore
them. In each a number were discov-
ered, classified and placed in envelopes
to be used for comparison when ar-
rests might be made.

It was from these hairs that Detec-
tive Grosch obtained his first useful
clue to the identity of the bandits.
Microscopic examination disclosed
several things. One of the gangsters
was red-headed. One had brown hair,
one black. All three were young. men,
but the black hairs were the most in-

‘teresting. The man from whose head

they had come had recently had his
hair cut. This was determined from
the sharp angle at which the ends had
heen snipped off. Moreover, the newly
cut hairs were very short, suggesting
the fellow habitually wore a crew cut,
quite popular in that year of 1931.
Even more amazing, the technicians
reported that the owner of the black
hairs: was probably inclined to be fat.
In analysing the inside of the hood

Trailing the dark-haired man to a cafe, the police un-
covered a vital lead. Curly hanged himself in his cell.

from which they were taken, it was
discovered the wearer had perspired
freely and the acids from, and amount
of this sweat indicated obesity.

While this evidence was far from
conclusive, Grosch knew he had some-
thing to start with and instructed de-
tectives to be on the lookout for three
youths, one of them brown haired, one
with black hair and fat, and one red-
head.

A little later Grosch was talking
with Chief Reyer. “You know,” said
he, “I’m a little puzzled about the
fourth and fifth members of this mob.
It doesn’t seem possible that when
they abandoned the car, two of them
would have worn or carried away
their hoods and robes. But our men
couldn’t find the other disguises, and
they have searched the area for blocks
around.”

Reyer said: “Has it occurred to you -

that the fellow who waited at the
wheel of the car probably didn’t wear
any disguise at all? And possibly the
other one dumped his outfit from the
car early.”

Grosch nodded. “You're right,
Chief. It could be that way. The driver
likely kept his face concealed with his
hands while waiting outside so as not
to attract any more-attention than pos-
sible.” .

Presently the report of the finger-
print men came in. No identifiable
prints had been found other than those
of the real owner of the stolen car.
The wheel obviously had been care-
fully wiped before the thugs abandoned
it as well as the windows, door han-
dles, instrument board and other parts
of the interior they may have touched.

This led Grosch to another deduc-
tion. “They took such pains to wipe
off. every part of the car where they

. might have left finger marks,” he

pointed out, “that I think they have
been arrested before.”

During the next. few days a long
line of men and youths who, at one
time or another, had been in trouble
with the police, were paraded through
headquarters and questioned. All were
able to satisfy the police that they
could not have been involved directly
in the murders.

One afternoon two detectives as-
signed to the case noticed two young
fellows, whom they recognized as hav-
ing been under suspicion in a series
of small holdups in recent months,
talking in front of a garage. They were
Claude Cefalu and Owen Cauche.
When the officers stopped to question
them, they were sullen and refused to
talk, so one of the detectives said:

“All right, you two, maybe a few
days in the clink will loosen up your
tongues. Come along.”

With that both youths made a break
for liberty. Cauche dodged behind the
garage but Cefalu ran down the street,
ignoring the order to halt. A moment
later one of the detectives drew his
service revolver and fired. The fleeing
youth stopped short in his tracks,
wobbled an instant, then plunged face
down in the road.

When the detectives reached his
side, Cefalu was dead, the bullet hav
ing pierced his heart.

ROSCH immediately ordered out
extra men to search for Cauche
while the body of Cefalu was taken to
the morgue. Strands of his hair were
sent at once to the laboratory and
presently the report came back. that
they were identical with the brown
hairs found in one of the black hoods
worn by the bank bandits.

It was pretty definite, therefore, that
the fellow had been one of the bandits,
but police doubted he was the leader.
Meantime the search for Cauche was
redoubled. A watch was set at his

Joe Oliver, right was named by Red as the driver of
the car. Ugarte, left, was one of three sentenced to hang.

home and at spots he was known to
frequent. Eventually he was picked up
as he slipped into a speakeasy and was
brought to headquarters,

The first thing Grosch did was have
his hair tested, then the youth was
subjected to long questioning. He de-
nied he had anything to do with the
holdup. When asked why he ran away
when accosted by the detectives, he
said Cefalu just had given him sdme
money to keep for him and he was
afraid the police would try to link his
possession of the cash to some recent
crime,

“Where’s the money?” Grosch
asked,

“I threw it away behind the ga-
rage,” Cauche replied.

An hour Jater detectives who were
sent to search the area returned with
almost $500 in bills they found where
the youth said he tossed it.

(CAUCHE insisted, and stuck to his

story, that Cefalu had not. told
him where or how he obtained the
money. And it was impossible for the
bank to identify the bills as being part
of the loot.

When the report of the hair test was
brought to Grosch, he was disap-
pointed. It didn’t correspond with the
hair taken from any of the three hoods.
But the detective chief remembered

there had been two more members of -

the mob than there were recovered
hoods, so he ordered Cauche held for
further investigation.

Assured, at least in his own mind,
that the dead. Cefalu had been one of
the bank bandits, Grosch ordered a
checkup of every person the fellow had
associated with during the past three
years,

The result was not encouraging.
Practically all his known pals were
able to prove they could not have par-

George and his brother, at the left,
operated a New Orleans speakeasy.

ticipated in the stickup, and Grosch
was beginning to wonder if the labo-
ratory technicians had been mistaken
about the hair, when the first real
break in the case came.

Cauche, who had been held in jail
for two weeks, continued to proclaim
his innocence and finally he was re:
leased. But Grosch assigned detectives
to follow him at all times.

Eventually he led them to a speak-
easy in St. Mary Street operated by
George Dallao and his younger
brother, Anthony, A detective, dis-
guising himself as a laborer, hung
around the joint every night. By strik-
ing up an acquaintance with a blonde
habitue of the place, the disguised
sleuth had ample opportunity to ob-
serve that young *Cauche frequently

Maurice O’Neil, ballistics expert, iden-
tified the guns used in bank raid. Mr.
Brown Hair, right, was linked to the
crime by traces found in one of the
three hoods left in abandoned car.

ARA®

qd . ‘ ee yyy
My ye ye area eees

*
4

came in, drank a little beer and held
whispered conversations with An-
thony Dallao. Then one night he saw
Anthony pass something to Cauche
as the latter was about to leave the
place. .
Following Cauche some distance
[Continued on page 71]

CARAS ASS ‘e

tenon —scerreeg:

J. Nathan Stansbury, Dist. Atty., Lafay-
ette, La., for respondent-appellee.

Appeal from the United States District
Court for the Western District of Louisi-
ana.

ON APPLICATION FOR A STAY OF EX-
ECUTION PENDING APPEAL. AND
FOR CERTIFICATE OF PROBABLE
CAUSE

Before RUBIN, WILLIAMS and
JOLLY, Circuit Judges:

PER CURIAM:

Willie Lawrence Celestine is under sen-
tence of death and scheduled to be exe-
cuted on July 20, 1987, by the State of
Louisiana. He petitions the right to appeal
in forma pauperis, for a certificate of prob-
able cause to appeal, and for a stay of
execution. The district court on July 16,
denied the stay and the certificate and also
denied the petition for habeas corpus on
the merits. This petition is Celestine’s
fourth petition for habeas corpus in the

state courts and his fourth under 28 U.S.C. -

§ 2254.

FACTS

Celestine was convicted of first degree
murder and sentenced to death in Decem-
ber 1982. The Louisiana Supreme Court
affirmed his conviction and_ sentence.
State v. Celestine, 443 So.2d 1091 (La.
1983), cert. denied, 469 U.S. 878, 105 S.Ct.
224, 88 L.Ed.2d 154 (1984).

Celestine filed his first petition for habe-
as corpus relief in November 1984, which
the state district court and Louisiana Su-
preme Court denied. He then sought relief
under 28 U.S.C. § 2254 in the United States
District Court, and this also was denied in
November 1984. This Court issued a cer-
tificate of probable cause to appeal, but we
eventually denied his habeas corpus peti-
tion, and the United States Supreme Court
denied certiorari. See Celestine v. Black-
burn, 750 F.2d 353 (5th Cir.1984), cert.
denied, 472 U.S. 1022, 105 S.Ct. 3490, 87
L.Ed.2d 624 (1985). During these proceed-

823 FEDERAL REPORTER, 2d SERIES

ings Celestine was granted his first stay of
execution.

Celestine filed his second habeas petition
in state district court on September 9, 1985.
His sole claim in the second petition was
that jurors had been excluded from his
panel because of their expressed inability
as a matter of conscience to impose the
death penalty. The state district court, the
Louisiana Supreme Court, and the United
States District Court all denied relief, and
this Court denied the certificate of probable
cause, and dismissed the appeal. See Cel-
estine v. Blackburn, No. 85-4665 (5th Cir.,
Sept. 23, 1985) (unpublished opinion). The
United States Supreme Court denied certio-
rari on June 2, 1986. During these pro-
ceedings Celestine was granted his second
stay of execution.

On September 9, 1986, Celestine filed his
third petition in state district court, claim-
ing that his death penalty resulted from
racial discrimination because he was a
black who murdered a white. The Louisi-
ana district court and Supreme Court de-
nied relief, but the United States District
Court granted a stay of execution on Sep-

‘tember 15, 1986, that being the third stay

granted Celestine. On April 22, 1987, the
United States Supreme Court decided
McCleskey v. Kemp, — US. ——, 107
S.Ct. 1756, 95 L.Ed.2d 262 (1987), which
upheld the death penalty against a chal-
lenge identical to Celestine’s because the
challenge lacked a specific showing of ra-
cial discrimination. After McCleskey, the
United States District Court dissolved its
stay on June 11, 1987, the state district
court thereafter on June 18 set Celestine’s
execution for July 20.

On July 18, 1987, twenty-five days after
the execution date had been set for the
fourth time, and only seven days before the
scheduled execution date, Celestine’s
present counsel filed Celestine’s fovyth pe-
tition for post-conviction relief and writ of
habeas corpus in the Louisiana district
court. The state district court and the
Louisiana Supreme Court denied relief on
July 13 and 14, respectively. Celestine

then filed the petition for writ of habeas
corpus and a stay of execution in the Unit-

CELESTINE y. BUTLER 17
Cite as 823 F.2d 74 (5th Cir. 1987)

ed States District Court. This is the peti-
tion denied on July 16, 1987.

The issue before us is whether petitioner
has made a sufficient showing to justify
the granting of a certificate of probable
cause to appeal and a stay of execution so
that the appeal can be considered on the
merits. We have stated the standard for
reviewing an application for a stay of exe-
cution many times. In general, a court in

deciding whether to issue a stay must con-

sider:

(1) whether the movant has made a
showing of likelihood of success on the
merits, (2) whether the movant has made
a showing of irreparable injury if the
stay is not granted, (3) whether the
granting of the stay would substantially
harm the other parties, and (4) whether
the granting of the stay would serve the
public interest.

O’Bryan v. McKaskle, 729 F.2d 991, 993
(5th Cir.1984); O'Bryan v. Estelle, 691
F.2d 706, 708 (5th Cir.1982), cert. denied,
465 U.S. 1018, 104 S.Ct. 1015, 79 L.Ed.2d
245 (1984); Ruiz v. Estelle, 666 F.2d 854,
856 (5th Cir.1982).

In a capital case “while the movant need
not always show a probability of success on
the merits, he must present a substantial
case on the merits when a serious legal
question is involved and show that the bal-
ance of the equities [i.e. the other three
factors] weighs heavily in the favor of
granting the stay.” O’Bryan v. McKaskle,
729 F.2d at 993 (quoting Ruiz v. Estelle,
666 F.2d at 856.).

[1] The standard for granting a certifi-
cate of probable cause under Fed.R.App.P.
22(b) is whether there has been a substan-
tial showing of a denial of a federal right,
Steward v. Beto, 454 F.2d 268, 279 n. 2 (5th
Cir.1971).

In deciding whether the requirements
have been met for the granting of a CPC
and for a stay, obviously the merits of the
habeas corpus claims must be considered to
the extent necessary to determine if they
are substantial. In this inquiry, the Court
has the benefit of the comprehensive opin-
ion of the United States District Court con-
sidering in detail all of the issues raised by

petitioner and denying the petition for ha-
beas corpus on the merits. In evaluating
petitioner’s claims for substantiality, we ac-
cept the conclusions of the district court
given after thorough and scholarly consid-
eration of each claim on the merits. We
add only brief observations with respect to
appellant’s claims to establish justification
for denial of a certificate of probable cause
and a stay of execution.

THE CLAIMS

Petitioner’s seven claims which he as-
serts apply to his case are set out in detail
in the opinion of the district court. We
summarize them briefly:

1. A claim that a statutory aggravating
circumstance for the death penalty which
merely repeats an element of the capital
offense violates the Constitution.

2. Itis unconstitutional for the judge in
instructions to the jury to lead the jury
to believe that the ultimate responsibility
of imposing the death sentence does not
lie in the jury but lies elsewhere when
under the law the ultimate responsibility
actually does lie upon the sentencing
jury.

3. It is a violation of the Constitution to
fail to instruct the jury that it may as-
sess a life sentence rather than the death
penalty even though aggravating circum-
stances justifying the death penalty have
been found.

4. 5. 6. These three claims are based
upon the American Declaration of Rights
and Duties of Man and the Charter of
the Organization of American States.
Those documents are used to assert a
right in the petitioner to claim violation
by imposition of the death penalty in a
racially discriminatory manner, and two
claims based upon the violation of those
treaties by the use of a death-qualified
jury.

7. The seventh claim is that the death
penalty is a cruel and unusual punish-
ment when it is applied in a racially
discriminatory fashion.

CELESTINE v. BUTLER 75
Cite as 823 F.2d 74 (5th Cir. 1987)

of execution. The United States District
Court for the Western District of Louisi-
ana, John M. Shaw, J., denied petition, and
inmate applied for stay of execution pend-
ing appeal and for certification of probable
cause. The Court of Appeals held that: (1)
jury’s finding, among statutory aggravat-
ing circumstances, aggravating circum-
stance which repeated element of capital
offense was valid; (2) jury was not improp-
erly led to believe that responsibility of
imposing death sentence lay elsewhere; (3)
jury was properly instructed that it could
assess life sentence even though aggravat-
ing circumstances had been found; and (4)
claim that death penalty was cruel and
unusual punishment when it was applied in
racially discriminatory fashion was not sup-
ported, absent showing of intent to discrim-
inate or of discrimination.

Right to appeal in forma pauperis
granted; certificate of probable cause to
appeal denied; stay of execution denied.

1. Habeas Corpus <113(6)

Standard for granting certificate of
probable cause, necessary for appeal of
habeas petitioner, is whether there has
been substantial showing of denial of fed-
eral right. F.R.A.P. Rule 22(b), 28 US.
C.A.

_ 2. Criminal Law ¢1208.1(5)

Jury’s finding, among three statutory
aggravating circumstances justifying death
penalty, aggravation that was part of basic
criminal provision establishing capital of-
fense was valid, and did not provide basis
for stay of execution.

3. Habeas Corpus <7

Habeas petitioner’s failure to assert, at
earlier time claim that jury was improperly
led to believe that responsibility for deter-
mining appropriateness of petitioner’s
death sentence rested elsewhere was abuse
of writ, given established nature of law
upon which claim was based. Rules Gov-
erning § 2254 Cases, Rule 9(b), 28 U.S.C.A.
foll. § 2254.

4. Criminal Law 796

Jury was not improperly instructed
that ultimate responsibility of imposing
death sentence did not lie with jury, though
form given to jury for its verdict referred
to its “recommendation”; instructions
made clear to jury that jury was final au-
thority in deciding upon death or life im-
prisonment. LSA-R.S. 14:30, subd. GC;
LSA-C.Cr.P. art. 905.8.

5. Habeas Corpus 7

Failure of habeas petitioner to raise
claim that jury was not instructed of its
option to return verdict of life imprison-
ment even if it found one or more aggra-
vating circumstances at earlier time
amounted to abuse of writ, given estab-
lished nature of law upon which claim was
based. Rules Governing § 2254 Cases,
Rule 9b), 28 U.S.C.A. foll. § 2254.

6. Criminal Law <796

Instructions given to jury made it clear
that jury was not compelled to assess death
penalty even though it found aggravating
circumstances.

7. Treaties <8

American Declaration of Rights and
Duties of Man and Charter of the Orga-
nization of American States did not create
right in habeas petitioner to claim violation
by imposition of death penalty in racially
discriminatory manner or to claim violation
of treaties by use of death-qualified jury;
how asserted claims were to be determined
was settled under American constitutional
law, and no argument was advanced to
prove that United States in treaties agreed
to provide additional factors for decision or
to modify decisional factors required by
Constitution.

8. Criminal Law @1213.8(8)

Habeas petitioner’s claim that capital
punishment was cruel and unusual punish-
ment because of racial bias was not sup-
ported, absent showing of intent to discrim-
inate or of discrimination. U.S.C.A. Const.
Amends. 8, 14.

Millard C. Farmer, Atlanta, Ga., for peti-
tioner-appellant.

78 823 FEDERAL REPORTER, 2d SERIES

FIRST CLAIM

[2] The first claim is based upon the
so-called Lowenfield issue because the Su-
preme Court recently granted certiorari in
Lowenfield v. Phelps, 817 F.2d 285 (5th
Cir.), cert. granted, — U.S. ——, 107 S.Ct.
3227, 95 L.Ed.2d —— (1987). In Lowen-
field this Court followed the well estab-
lished law of this Circuit that a statutory
aggravating circumstance justifying the
death penalty can be counted even though
the same aggravation is part of the basic
criminal provision establishing the capital
offense. In the case of petitioner the
factor is aggravated rape.

authored by Judge Randall in Williams v. -

Maggio, 679 F.2d 381 (5th -Cir.1982) (en
banc) but agree that this panel is bound by
that decision as the law of the circuit and
by the Supreme Court opinion in Zant.]
The Supreme Court, in affirming the death
sentence, said:
The jury did not merely return a general
verdict stating that it had found at least
one aggravating circumstance. The jury
expressly found aggravating circum-
stances that were valid and legally suffi-
cient to support the death penalty.

See also Moore v. Maggio, 740 F.2d 308,
321 (5th Cir.1984), cert. denied, 472 U.S.
1032, 105 S.Ct. 3514, 87 L.Ed.2d 643 (1985).

The law also, as established by our deci-
sions, is that an aggravating factor may
also be one of the elements in the state-

ment of the statutory capital offense. ~

Gray v. Lucas, 677 F.2d 1086, 1104-05 (5th
Cir.1982); Wingo v. Blackburn, 783 F.2d
1046 (5th Cir.1986). Thus, we hold in any

event that the finding of aggravated rape
as an aggravating factor is valid. We con-
clude a stay on this ground must be denied.

SECOND CLAIM

[3] The second claim is based upon the
case of Caldwell v. Mississippi, 472 U.S.
320, 105 S.Ct. 2638, 86 L.Ed.2d 231 (1986).
In Caldwell the Supreme Court ruled it
violated the Constitution “to rest a death
sentence on a determination made by a
sentencer who has been led to believe that
the responsibility for determining the ap-
propriateness of defendant’s death rests
elsewhere” when actually the final determi-
nation lies with the sentencer. 472 U.S. at
328, 105 S.Ct. at 2639. The short answer
to the claim by petitioner in this case is
that Caldwell was decided in June of 1285,
yet was not made the basis of a claim by
appellant either in his petition for habeas
corpus in September 1985, or in his petition
of September 9, 1986. Failure to raise this
issue at an earlier time constitutes abuse of
the writ, and the claim is barred. Rule
9(b), 28 U.S.C. foll. § 2254.

[4] Even if this claim were not barred
on this ground, we point out that, unlike
Caldwell, there was no contemporaneous
objection at the time of trial. Finally, since
this is a death case, we do not rest our
decision solely on these procedural barri-
ers, for, examined for its substance, the
claim lacks merit. The petitioner has sin-
gled out parts of the trial court instructions
and the form of the jury verdict to attempt
to establish that the jury was led to believe
that its death verdict was but a recommen-
dation. Read as a whole, however, the trial
court’s instructions lay any doubt to rest.
The trial court in its instructions, as set out
in detail in the district court’s opinion,
made clear to the jury that the jury was
the final authority in deciding upon a death
sentence or life imprisonment. In ..ddition
to the instructions quoted in the district
court opinion, the record shows that the
jury was told that it was the jury’s “re-
sponsibility” to decide between the death
sentence or life imprisonment. The jury
was instructed ‘to determine” which sen-
tence it would impose. Moreover, these

Bc SO 2S

a rt a

816 La

6. Criminal Law €=532

Fact that state had failed to produce
and call to witness stand certain persons
who happened to be at or near scene of
defendant’s arrest, either in laying founda-
tion for admission of defendant’s confes-
sion or in rebuttal after defendant had tes-
tified that he had been mistreated at that
time, did not establish that state had failed
to carry burden of proving that the con-
fession was free and voluntary.

7. Criminal Law €=531(3)

In murder prosecution, evidence was
not sufficient to establish that inducements
and promises were used and pressure and
coercions were exerted to obtain defend-
ant’s tape recorded confessions,

8. Criminal Law @=659

Where deceased’s widow made an out-
cry during course of murder prosecution
while state was presenting evidence in form
of decedent’s alleged cap, trial judge’s
prompt action in having jury retired im-
mediately, widow removed from court room,
and jury, upon recall, instructed to disre-
gard the emotional demonstration and to
rely solely on facts developed during trial
and in charging applicable law in determin-
ing defendant’s guilt or innocence was suffi-
cient to preclude necessity for grant of a
mistrial.

9. Homicide €=237

In murder prosecution, report of medi-
cal experts, who had been appointed by
court to inquire into accused’s present in-
sanity, was not prima facie evidence of in-
sanity of accused at time of commission of
offense, even though report stated that ex-
perts considered accused legally insane. L
SA-R.S. 15 :268.

10. Homicide €=237

Defense counsel, who urged defend-
ant’s insanity at time of commission of of-
fense as a defense, had to bear burden of
establishing such fact by preponderance of
evidence for benefit of jury since law pre-
sumes that a person is sane.

87 SOUTHERN REPORTER, 2d SERIES

1t. Criminal Law €>483 ) to) i seg
Homicide G=151(2) | 2S otitue apy

ti sus ai ol
In homicide prosecution, defense cous.

sel who had subpoenaed medical experts
who had previously been appointed by court
to inquire into present insanity of defend.
ant, had burden of establishing defendant's
insanity at time of commission of offense,
and trial judge, in ordering defense counsel}
to examine such experts to extent that coun.
sel deemed it advisable and necessary to
protect defendant’s interests, did not commit
error.

12. Criminal Law €=741(4)

When, in murder prosecution, doctor,
who had been one of experts appointed to
determine present insanity of defendant,
was called as witness on behalf of defend-
ant, doctor had right to explain his action
in signing the lunacy commission report
which concluded that defendant was legal-
ly insane, and credibility and weight to be
given testimony of such doctor, who said
he signed the report in deference to recom-
mendations of the other two members but
believed defendant to be an average Negro
with no education, was matter for jury’s
determination.

13. Criminal Law €=599

Where testimony of doctor, who was
called as witness on behalf of defendant in
murder prosecution, was substantially in ac-
cordance with his testimony at time of hear-
ing to determine defendant’s present insan-
ity, defense counsel could not have been
taken by surprise and were not, therefore,
entitled to a continuance.

Rh: !

14. Criminal Law @=456 ,

Non-expert witness, who based his tes-
timony on facts and circumstances known
to him, may be permitted to give opinion
testimony touching upon sanity or insanity
of a person whose mental condition is at
issue, provided such witness be shown to
have had ample opportunity to observe the
speech, manner, habits, and conduct of such
person.

« ../ On Rehearing.
& Criminal Law €=625 |

Where defendant did not plead insanity
at time of commission of offense in his ap-
plication for appointment of a lunacy com-
mission, it was not an issue in the case at
that time, and, therefore, trial judge, who
was well within his rights in appointing a
nacy commission, exceeded his authority
in directing its members to report on de-
fendant’s mental condition at time of com-
mission of offense. LSA-R.S. 15 :268.

i Criminal Law €>1035(1), 1166(1)

Where state did not object to judge’s
erder directing lunacy commission to in-
vestigate not only defendant’s sanity at
that time but aJso his mental condition at
ame of commission of offense, state waived
its right to contest on appeal judge’s au-
thority to require commission to report on
nental condition at time of commission of
effense, and fact that insanity at time of
commission of offense was subsequently
pleaded and became main defense at trial
effected a cure of any irregularity there-
wfore existing in the order. LSA-R.S.
15 268.

17, Criminal Law €=>624, 1166(1)

Where, in murder prosecution, insanity
was pleaded as a defense, trial judge’s re-
fusal to comply with defendant’s request
that he examine experts appointed to the
knacy commission was error but was not
prejudicial to defendant, in view of facts
that jury did have benefit of such experts’
fndings and their testimony after such ex-
perts were fully examined by state and de-
fense, that jury was aware that experts had
been appointed by court, and that, save in
one instance, experts testified at length in
favor of defendant. LSA-R.S. 15 :268, 15:-
$57,

_—

Daniel P. Kimball, T. C. Strickland, Jr.,
Port Allen, Ralph L. Roy, Baton Rouge,
for appellant.

Fred S. LeBlanc, Atty. Gen., M. E. Culli-

tan, Asst. Atty. Gen., Ferd C, Claiborne,
Dist. Atty., New Roads, Charles H. Dam-

a, i: STATE-v. CHINN
Cite as 87 So.2d 315

La. 317

eron, Asst. Dist. Atty., Baton Rouge, for
appellee.

FOURNET, Chief Justice.

The defendant, Louis Chinn, having been
convicted on an indictment charging him
with the murder of Dominick Boeta and
sentenced to death in the electric chair,
Prosecutes this appeal, relying for the re-
versal thereof on a number of errors alleged
to have been committed during the trial,
ten of which have been perfected in bills
of exceptions. In order that these various
bills may be properly understood, we deem
it necessary to go in some detail into the
facts of the case as disclosed by the record
before us. .

It appears thatthe accused, who is an
average uneducated Negro of 25 or 26, had
been, for many years, doing edd jobs around
a combination ice house, fruit exchange,
and produce loading platform in Baton
Rouge, including part time work as a help-
er on the truck Dominick Boeta operated in
peddling fruit and vegetables through Baton
Rouge and on plantations across the river
from that city. On the morning of Friday,
April 30, 1954, he had been working around
the exchange for several hours when Boeta,
going there for supplies, asked Chinn to
accompany him on his rounds, which Chinn
did, driving the truck part of the time and
assisting in peddling.

The trip through the south part of Baton
Rouge proved to be unprofitable and Boeta
returned to the exchange to obtain garbage
and proceeded across the river to feed hogs
he kept there, stopping alomg the way to
peddle. After making the rounds through
the Negro quarters of Catherine, Allendale,
and Smithfield plantations, he arrived at the
place where the hogs were kept around 7:00 _
p.m. On leaving he noticed the tail light
was out and, at his instruction, this was
fixed by Chinn. However, the truck seem-
ed to be giving other trouble and a stop
was made at a service station around 8:30
p. m., where work was done that later
proved to be inadequate. Returning
through Westover plantation, and when a
point near Mullato Bend along the river

“¥71 JO 100HDS
«gett 9 AL SSA

318 La

road had been reached around 11:00 p. m.,
all of the truck lights went out and Boeta
got out of the truck to investigate. While
standing at the back of the truck Chinn hit
him in the head with an iron hammer used
in opening crates, and he fell to the ground.
While lying there, Chinn hit him several
additional times, and, as he continued to
groan and move about, twisted his
(Chinn’s) belt around Boeta’s neck. He
then put Boeta in the truck and drove with
him back through Allendale. He threw the
hammer away in a cane field enroute, some
seven miles away from the place where he
hit Boeta, and finally left the body, still
breathing, in the weeds by the side of the
road at the foot of the levee near the bridge.
He removed from Boeta’s pocket some $10
in paper money, and from a purse attached
to a money belt around his waist approxi-
mately three dollars in change. Driving
across the bridge on the return to Baton
Rouge, he threw the purse (in which was
contained papers belonging to Boeta) into
the river. He abandoned the truck near the
ship docks in Baton Rouge, threw the keys
away to prevent pursuit, walked to the bus
station, and caught a bus for New Orleans
around 1:00 in the morning. He was picked
up in New Orleans around 7:00 a. m., Sun-
day, May 2, 1954, in front of the home of a
man who employed him occasionally and
who had been alerted by Baton Rouge police
(who had discovered the abandoned, blood-
soaked truck, and had no way of knowing
the crime had been committed in West
Baton Rouge Parish) to be on the lookout
for him,

After his arrest Chinn was taken to the
homicide office of the New Orleans Police
Department and there made a written con-
fession! in the presence of two New Or-

i. Present at the time were Desk Sgt.
James Ernest LaVergne (who typed the
confession as it was made) and homicide
officer John Delpuget (who made the
arrest), members of the New Orleans
police force; Lt. H. G. Leach and dep-
uties Earl L. Guss and Tom W. Hender-
son from the office of the Sheriff of East
Baton Rouge Parish.

2. Present at the time was the district at-
torney of West Baton Rouge Parish, his

87 SOUTHERN REPORTER, 2d SERIES

leans officers and three from Baton Rouge,
who had come down to pick him up. Lear,
ing from the confession where Boeta’s body
had been left, the officials of West Bate
Rouge Parish were contacted and the of.
ficers from Baton Rouge turned Chinn over
to officials from that parish at Gonzale
These officers returned Chinn to Bato
Rouge via Donaldsonville for his protection

Later that day, in the Baton Rouge jail
Chinn again confessed to the crime, the
confession being preserved on tape record.
ing. Two days later, on May 4, whik
being questioned by the district attorney
and sheriff of West Baton Rouge Parish, a
well as other officials, Chinn requested tha
he be left alone with two of these officials
and to them admitted he had not told the
whole truth at the time of his two previous
confessions since the beating of Boeta had
occurred on Westover plantation, not Al
lendale, and he had used as the weapon an
iron crate hammer, not a piece of iron pipe
used as a car jack handle, as he had firs
said. When the hammer could not bk
found at the point indicated by Chinn, he
was again questioned the following morn-
ing, and gave more explicit instructions
that led to its discovery. Chinn then sent
for the district attorney of West Baton
Rouge Parish and, at the request of Chinn,
a third and more complete confession was
tape-recorded May 7, 1954.3

The accused was charged by indictment
with the murder of Boeta and arraigned
September 14, 1954. On that same day
counsel appointed by the court to represent
him entered a plea of “not guilty” in his
behalf. On the next day, stating they had
reasonable grounds to believe the accused
“is insane or mentally defective to the es-

secretary, the sheriff and a deputy from
that parish, and the operator of the re-
cording machine, who was a deputy sheriff
of East Baton Rouge parish.

Present at this time were the district
attorney of West Baton Rouge Parish
and his secretary, a deputy sheriff of that
parish, a lieutenant of the East Baton
Rouge Parish sheriff's office, and the
same deputy who had previously done the
recording.

tent that he is unable to understand the
proceedings against him or to assist in his
defense,” requested a hearing to deter-
mine the defendant’s mental condition, and
that the court, after such hearing, appoint
“qualified experts to examine the defend-
qnt, and inquire into his present mental
condition and report their findings” to the
qurt. In accordance with this request,
which was granted, counsel were permitted
to file a written plea of “present insanity,”
and after the preliminary hearing, the
court, by order of September 17, 1954, ap-
pointed a lunacy commission composed of
Dr. E. M. Robards, superintendent of the
Fast Louisiana State Hospital for the men-
ily ill; Dr. L. F. Magruder, a well-
known psychiatrist of Baton Rouge; and
Dr. Paul B. Landry, Sr., coroner of West
Baton Rouge Parish, to examine the “pres-
ext mental condition and sanity of the ac-
ewed.” And although this commission re-
turned to the court a unanimous opinion to
the effect that Chinn’s mentality was of
sch a low grade it interfered “with his
ability to choose between right and wrong,
and as such should be considered legally
msane,” the court, after a full hearing on
October 21, 1954, during which all three
experts, lay witnesses, and the accused
were examined, denied the plea of present
insanity and ordered the defendant to stand
trial. (Emphasis supplied.)

This ruling forms the basis for the first
vill reserved, and, because of its impor-
tance, and particularly in view of the re-
port of the commission, we have given it

“most careful consideration, reviewing and

analyzing all of the testimony at the hear-
ing, as well as the 24-page written opinion
of the trial judge in which he painstakingly,
fairly, and patiently gives us his apprecia-
tion of the evidence on the plea and the
controlling law.

At the hearing Dr. Robard confirmed the
manimous finding of the lunacy commis-
sion appointed by the court that the accused
was not suffering from any psychosis, i. e.,
mental disease or serious mental derange-
ment. However, based on tests made by
other psychologists at the state hospital, he
classified the accused as possessed of a

STATE v. CHINN La.
Cite as 87S0.2d315 ~

319

mentality between an imbecile and a moron.
This classification results solely from the
fact that Chinn had a low intelligence quo-
tient of between 50 and 60, it being the doc-
tor’s conclusion that although he knew the
difference between right and wrong, he
could not, because of this low i. q., choose
between the two. The substance of his tes-
timony was summarized by state counsel in
the following question: “* * * your tes-
timony simply boils down to the fact this
man has a low grade mentality. This man
you say knows the difference between
right and wrong, but in your opinion can-
not choose between the two. Further-
more, you stated * * * this man knew
what happened that night in question, and
you feel he could tell his counsel about it,
and you feel he knew this was a murder
charge against him. * * * Despite all
that, you say you think this man is legally
insane and he should be committed. That
is what you said?” To this Dr. Robard
replied: “That is what I said.” It is ob-
vious, therefore, that according to this ex-
pert the accused knew what had taken
place, knew he was charged with murder,
could understand the nature of the proceed-
ings against him, and could assist counsel
within the limits of his intelligence in the
preparation of his defense.

Dr. Magruder, a physician specializing
in psychiatry in Baton Rouge, placed Chinn
in a borderline group between an imbecile
and a low grade moron, having the men-
tality of a child between 8 and 9. In es-
sence he agreed with the conclusion reached
by Dr. Robard, that is, that Chinn under-
stood the nature of the proceedings and
could cooperate with counsel in the prep-
aration of his defense within the limits of
his intelligence.

The third member of the commission, -

who had been coroner of West Baton
Rouge Parish for some 25 years, stated he
found the accused to be an average “darky
with no education.” He said he signed
the report in deference to the recommenda-
tions of the other two members, who were
considered experts in psychiatry while his
experience had been practical only, but
had, at the time, disagreed with their con-

**"¥7 JO TOOKDS

Mie

ie eek Bie
AOD 3.

fd
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°320 La.

clusion the accused, knowing the difference
between right and wrong, could not choose
between the two. It was Dr. Landry’s
opinion that it was difficult to tell whether
Chinn could not choose between the two
because of a low mentality, or merely be-
cause he did not want to. He stated it was
practically impossible to determine in such
a case whether the subject was telling the
truth or faking. In this respect he is cor-
roborated by the other two experts. Dr.
Magruder stated unequivocally he was un-
able to say whether Chinn was faking.

From the foregoing it is clear that the
accused was not suffering from any psy-
chosis or other mental deterioration or dis-
ease, and that the conclusion of the experts
was based solely upon his low intelligence
quotient, although they were unanimous in
their conclusion it was almost impossible to
determine whether he did in fact possess
such a low mentality or was faking.

[1] We are mindful of the fact that it
is possible for a person to have such a
feeble mentality as to be unable to distin-
guish between right and wrong, to under-
stand the proceedings against him, or to
assist in his defense. However, according
to the universally accepted jurisprudence,
mere weakness of mentality or sub-normal
intelligence does not, of itself, constitute
legal insanity. State v. Brodes, 160 La.
340, 107 So. 131; State v. Tapie, 173 La.
780, 138 So. 665; Commonwealth v. Stew-
art, 255 Mass. 9, 151 N.E. 74, 44 A.L.R. 584;
14 R.C.L. 603; 22 C.J.S., Criminal Law, §
58, p. 121. The test for determining the
present insanity of an accused, as set out in
these authorities, is codified and set out
precisely in our Revised Statutes thusly:
“Tf * * * the court has reasonable
ground to believe that the defendant * *
is insane or mentally defective to the extent
that the defendant is unable to understand
the proceedings against him or to assist in
his defense, the court shall immediately
fix a time for a hearing to determine the
defendant’s mental condition, The court
may appoint two disinterested physicians
to examine the defendant with regard to
his present mental condition and to testify

87 SOUTHERN REPORTER, 2d SERIES

at the hearing. Other evidence regarding
the defendant’s mental condition may be
introduced at the hearing by either Party,
If the court, after the hearing, decides
that the defendant is able to understang
the proceedings and to assist in his de.
fense, it shall proceed with the trial”
LSA-R.S. 15:267. See, State v. Estes, 212
La. 694, 33 So.2d 199; State y. Layton,
217 La. 57, 46 So.2d 37; State vy. Swails,
223 La. 751, 66 So.2d 796; and State y,
Riviere, 225 La. 114, 72 So.2d 316, 317
(Emphasis has been added.)

[2] We think the following observation
in the very recent decision of this cour
in the Riviere case is most appropriate
here: “The law presumes that every man
is sane. State v. Seminary, 165 La. 67, 115
So. 370, State v. Toon, 172 La. 631, 135
So. 7. And to warrant the sustaining of
a plea of present insanity, thereby prevent.
ing trial of a criminal action, it must ap-
pear by a preponderance of evidence that
the accused is so mentally deficient that
he lacks capacity to understand the nature
and object of the proceedings against him
and to assist in the conducting of his de-
fense in a rational manner.”

We are impressed that the confessions
and testimony of the accused disclose, to say
the least, an average intelligence of people
of this class. He was able to remember and
to relate in detail, with particularity and
accuracy, everything that transpired from
the time he went with Boeta around 10:0
a. m. Friday morning, April 30, 1954, up to
and including his arrest around 7:00 a. m.
Sunday morning, May 2, even detailing the
names of the streets traveled and the right
and left turns made, the names of the plan-
tations visited and the routes taken off the
main roads, as well as the details of the
crime itself. It is interesting to note that
when arrested in New Orleans he denied
any knowledge of the crime, and even
claimed it had been committed by another
Negro, known to him. It was not until he
was confronted with the fact the officers
knew and could: show he had been with
Boeta all during the day, that Boeta had
disappeared and his blood soaked truck

~— STATE v. CHINN '-- = + La. 391
Cite as 87 So0.2d 315

found in Baton, Rouge, that he told the The trial judge who examined and observed
truth, his motive then being the thought him was of the same opinion. OF Sh LOTT
that if Boeta was still alive he could be oie ae i
given medical assistance, He knew Boeta |“ [3] From our appreciation of the entire
had been alive and breathing when left by record we have no hesitancy in concluding
the road side, and he felt that- by telling the accused was able to understand the pro-
where his body could be-found and he might ‘ceedings against him and to properly assist
be saved, this would also “help me out.” counsel in his defense and that the trial

judge correctly ordered him to stand trial,

In addition to prompt and responsive
answers, and a. straight-forward,, rational, . ‘Following the dismissal. of the. plea of
and logical sequence af narrative,.the ac- ‘present insanity, the accused was re-ar-
cused gave as the motive for his act the fact raigned and pleaded insanity 4 and the court
that he needed money for his wife, who had entered a plea of “not guilty” in his behalf
threatened to have him put in jail for non- -when counsel refused to so plead. When
support. The fact that he knew he had the court refused to permit him to have a
done wrong and realized the enormity of trial on the plea of insanity independently
his offense was made very obvious.to us as of the plea of not guilty, he reserved the
we listened tothe confessions that were second bill, it being counsels’ contention that
tape-recorded, for he broke down complete- he was entitled to go to trial on this plea
ly and sobbed in a voice filled with emotion alone inasmuch as one of the four pleas that
when he reached the point in the story may be made to an indictment is “insanity,”
where he told of how he hit and choked the under LSA-R.S. 15 :261. craig
victim, acknowledging Bocta had been most
kind to him during the several years he had
worked for him intermittently.

[4,5] There is no merit to this bill. In
deciding this identical contention adversely
to argument of counsel in State v.: Dowdy,
217 La. 773, 47 So.2d 496, 502, we com-
mented: “The ruling of the trial judge was
entirely proper for a plea of insanity at the
time of the commission of the crime in-
volves a fact affecting the guilt or the in-
nocence of the accused and necessarily it
must be tried on the merits and submitted
to the jury the same as all other facts pre-
sented during the trial of the case. See
been cut off and some not. They take what State v. Eisenhardt, 185 La. 508, 345, 349,

they want to hear, and some of it th », 169 So. 417; State v. Sample, 203 La. 841,
het eo NAnCY don't ats “14 So.2d 67R": 3

Furthermore, when placed on the witness
stand in an effort to show he told the dis-
trict attorney during the Baton Rouge con-
fessions he had been struck at the time of
his arrest, his comment when it was in-
timated by questions put to him that the
tape recording did not reflect this speaks
eloquently of his knowledge of the proceed-
ings and his ability to assist counsel in his
defense, for he said, “Some of it could have

The: next two bills were reserved. in con-
nection with the admission of the three con-
fessions—Bill of Exceptions No. 3 when the
New Orleans confession of May 2 was ad-
mitted and the other when the two tape-
recorded confessions made in Baton Rouge
to observe him, including those in charge of -_ May 2 and 7 were admitted. ‘They were
him during his incarceration in the Baton Cecusacld together by defense counsel, and
Rouge jail. All. testified they observed Wl! be so considered by us,
reine erases or in’any way different In. disposing of the third bill, the trial
acout him and felt he was Presently sane. judge, and we think properly so, concluded

In addition! to’the testimony ‘of-these ex-
Perts and the confessions as well as testi-
mony of the accused, the state introduced a
tumber of lay witnesses who had known
the accused for some time (years in many
mstances) and had had ample opportunity

4 Counsel had some time previously, and
with court permission, withdrawn the
87 So.2d—21

original plea of “not guilty” in lieu of a
motion for a bill’ of particulars,

“Yl JO TOOKDS

pista oe ee

et a

322 La.

“the evidence shows that no force or vio-
lence was used on the accused and that the
accused was not threatened nor made any
promises whatsoever to induce him to con-
fess.” He states that although the accused
himself testified that upon the occasion of
his arrest “Patrolman Delpuget struck him
once in the stomach, which was denied not
only by Patrolman Delpuget but by the
officers present,” when called to the stand
the accused “admitted that from the time he
arrived at the Criminal Court Building until
the time of his confession no force or
threats were used on him. All of the offi-
cers present at the time of the making of
this confession testified that the statement
made by the accused was free and vol-
untary.”

[6] Counsel, in reliance upon our hold-
ing in State v. Honeycutt, 216 La. 610, 44
So.2d 313, claims that inasmuch as the state
failed to produce and call to the stand cer-
tain persons who happened to be at or
near the scene of the arrest, either in laying
the foundation for the admission of the
confession or in rebuttal after accused tes-
tified he had been mistreated at that time,
it had not carried the burden of proving
the confession was free and voluntary. In
other words, counsel argue that for the
state to prove a confession is free and vol-
untary, it must produce all persons that
may have been present on any occasion the
accused happens to testify he was mis-
treated.

__A perusal of the Honeycutt case shows it
is not authority for that proposition. Al-
though the state there, in laying the founda-
tion for the introduction of the confession,
placed on the stand all those present when it
was written around 7:00 a. m., one of whom
stated the accused was not mistreated the
previous night after arrested and taken to
headquarters, it failed to recall a single one
of these officers to either corroborate the

5. It appears that during the examination ,
of the several witnesses present when the
accused confessed in New Orleans police

'.. headquarters it developed that in addition
to some unknown bystanders, a police of-
ficer by the name of Stevens was present
when he was arrested, that some time

87 SOUTHERN REPORTER, 2d SERIES

statement of the officer who testified the
accused had not been mistreated the prey}.
ous night, or to rebut the testimony of the
accused that his real confession was made
that night after he had been subject ty
severe physical violence and only reduced
to writing the following ‘morning. In the
instant case witnesses were called in re.
buttal. Furthermore, the accused did no
claim he confessed when arrested (at which
time he was allegedly mistreated), as in the
Honeycutt case. On the contrary, he ve
hemently denied any knowledge of the dis
appearance of Boeta, asserting he had been
alive when he left him. It was only after
he was taken to headquarters and ques.
tioned in an effort to ascertain where Boeta
might be so that medical assistance could be
administered if needed, and after confront.
‘ed with the array of evidence gathered by
the Baton Rouge officers showing that he
and he alone had been with Boeta all during
Friday and into that night, that he broke
down and sobbed his story, stating he knew
Boeta was still breathing when he was left
by the road side, and he felt if Boeta could
be found and was still alive and could be
helped, it might help him (Chinn).

For us to hold as contended by counsel
for the defendant, all one charged with
crime would have to do to prevent the in
troduction of a confession, no matter how
freely and voluntarily given, would be te
make some showing there had been other
persons present on the occasion of a pur-
ported mistreatment, whether such persons
were known to the state or not. .

Counsels’ argument in support of the con-
tention that the tape-recorded confessions
of May 2 and 7 should not have been ad-
mitted is three-fold: (1) That inducements
and promises were used: and that (2) pres
sure, and (3) coercion were exerted.

[7] There is not a scintilla of evidence
to support these contentions. We are it

thereafter a patrol car manned by of-

!» fieers Stentz and Michel was called to
take him to jail, and, further, that at
some point during the incident—just
‘when is not eclear—accused’s employer
emerged from the house.

' ‘
La ! Ada is luty 3A

complete agreement with the trial judge
who, in court, stated he was convinced the
recordings show the full, true, and exact
replica of the statements as given in Baton
Rouge and that “at the time * * * the

accused was free of any constraint, threats,

intimidations or promises of any kind what-
soever.”

[8] During the course of the trial, while
the state was presenting evidence in the
form of a cap allegedly worn by Boeta at
the time of the crime, there was an outcry
by his widow. The jury was immediately
retired, Mrs. Boeta removed from the court-
room, and the jury, upon recall, instructed
w disregard this emotional demonstration
and to rely solely upon the facts developed
during the trial and the law given in the
oficial charge in determining the guilt or
innocence of the accused. The judge’s re-
fusal to grant counsels’ motion for a mis-
trial, based on this outburst, forms the basis
of the fifth bill, it being their contention
this outcry, as well as Mrs. Boeta’s con-
tinued presence in the building, although
outside the courtroom, had the effect of
swaying and prejudicing the jurors in der-
ogation of defendant’s right to a fair and
impartial trial.

This exact contention has been decided
adversely in a number of cases and is, there-
fore, untenable, particularly in view of the:
judge’s prompt action in retiring the jury
with instructions to disregard the incident.
See, State v. Renard, 50 La.Ann, 662, 23
So. 894; State v. Spillers, 105 La. 163, 29
So, 480; State v. .Wimby, 119 La. 139,
43 So. 984, 12 L.R.A.,N.S., 98; and State
v. Williamson, 145 La. 9, 81 So. 737.

The next three bills are interrelated and
wil be discussed together. Counsel re-
served Bill of Exceptions No. 6 when the
court allegedly failed to comply with its
mandatory duty to examine, during the
tnal, the experts appointed under the order
of September 17, 1954, and, instead, “or-
dered” counsel to examine them. Bill No. °

7 was reserved when the trial judge allowed.

& State v. Sauls, 226 La. 694, 77 So.2d 8,
bas no application inasmuch as experts
were there appointed to determine the

‘STATE y.CHINN |. —- : La. 323
Cite as 87 So.2d 315

Dr. Landry, over defendant’s objection, to
testify contrary to the finding of the lunacy
commission report of October 16, 1954, to
which he had originally subscribed, and to
explain his reason for signing it. The
eighth bill was reserved when the judge
refused to grant a continuance, based on
the ground accused was surprised by such
testimony.

While under the express provisions of
LSA-R.S. 15:268,. the court “Whenever
* * * the existence of insanity or mental
defect on the part of the defendant at the
time of the alleged. commission of the of-
fense charged becomes an issue in the cause
* * * may appoint one or more disinter-
ested physicians * * * to examine the
defendant”, and after such appointment is
made “The physicians appointed by the
court shall be summoned to testify at the
trial and shall be examined by the court
and may be examined by counsel for the
state and the defendant”, when insanity
was made a defense in this case, the court
was never requested to, nor did it in fact,
in the exercise of the discretion vested in
it by this section, appoint any physicians to
examine defendant te determine “the exist-
ence of insanity or mental defect * * *
at the time of the alleged commission of the
offense.” Consequently, the provisions of
LSA-R.S. 15:268, making it the mandatory
duty of the judge to examine such experts,
once appointed, has no application here.é
The commission appointed by the judge on
September 17, 1954, was for the sole and
specific purpose of examining and reporting
“on his present mental condition and sani-
ty” to determine whether, as contended by
counsel, he was not “of sound mind and
understanding at the present time.” (Em-
phasis supplied.)

[9-11] Counsels’ argument that they did
not need the testimony of these experts’
since the report of the commission was ad-
missible and prima facie correct, and that
the judge erred in “ordering” them to call
and examine these experts, is untenable. In

sanity of the accused at the time of the
commission of the offense.

“71 JO TOOKDS

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ew Orleans’

ERROR

younger man. In spite of the warning weapons that
threatened instant death to anyone who interfered, the
brave youth dropped his arms and seized the bandit
around the shoulders. Almost before anyone was aware
of it, he was engaged in a furious struggle with the
hooded robber. The thug’s revolver clattered to the
floor during the fight, and to the delight of the em-
ployees, it was evident that young Dietrich was getting
the better of his opponent.

The black-hooded bandit with the shotgun swore
aloud. Swinging his weapon in Dietrich’s direction, he
slunk toward the struggling pair. Watching his oppor-
tunity and adjusting his hood to better his sight, he
crept behind the courageous young man. Women
shrieked: men swore; the killer squeezed the trigger
There was a loud report. Dietrich doubled over, clutch-
ing his stomach. His eyes seemed to say words that
his lips were unable to utter. The gunman stepped closer
and again the phantom squeezed the trigger, again a
loud report echoed through the silence of the bank
Then crying, “Oh, my God!” young Dietrich crumpled
to the floor—dead.

The young man’s father, still with his hands up
walked over to the bandit with the shotgun and said

“That is my son you have just shot.”

“You get funny and I'll shoot you, too,” sneered the
man in the black hood. ,

Teller Brownson, relieved for a few minutes by the
concentration of the bandits’ guns on Dietrich, seized

taken by the hooded terrorists as they
National Bank, after the sensational
men were murdered

stepped toward Pierre
Rizan, discharging his weap-
on as he walked. The shots
disemboweled the bank guard who
| sank to the floor, moaning. Blood gt
streamed over the floor until it began to
flow near Dietrich’s feet. The young man >
shrank back in horror.

Not so the black-hooded figure with the shotgun.
He stepped forward into this little sea of crimson,
and while the terror-filled eyes of everyone watched, de-
liberately pumped several more shots into his victim’s bleed-
ing body

Then, shouting, “Stick ‘em up!” he swung his deadly
weapon to cover the quaking clerks and customers, while
his white-hooded companions used their revolvers for the
same sinister purpose. One small man in a white hood, an
unusually small one, they all noticed, walked around to the
rear of the cages in search of loot.

Mr. Dietrich, senior, and his son had both raised their
hands at the command. In their movements the bandit who

covering Mr. Dietrich, senior, got in front of the

My,

Charles Dietrich, New Orleans lumber merchant
(above), was unaware of his own wound when he
saw his son shot down during the desperate battle

an Splits agence nA ae

vision of these twelve men, they knew,
might depend the reasonable doubt that
would mean life or the gallows for three
human beings.

The same routine was repeated for the
pistol bullets.

Immediately after the visual demonstra-
tion, Mr. O’Neil was recalled to the stand
for additional testimony. Ile concluded by
presenting twelve microscope photographs
of the evidence the jury had just seen. One
copy was provided for each juror.

A short recess was called. Then the
final arguments.

The crowd sat silent as the voices of
opposing attorneys rose and fell stressing
salient points for the defense or demand-
ing hanging for the state.

For nine hours the arguments lasted.
Judge O’Hara charged the jury and the
twelve men filed out of court to deter-
mine the fate of the accused trio.

The crowd settled down to wait. What
would the verdict be? Had state witnesses
convinced the jury that the three men were
guilty? Or was there still the reasonable,
lingering doubt? Opinion was divided:

As the crowd argued among themselves,
defense and state attorneys paced in and
out of the courtroom. Reporters watched

the clock for final deadlines. In their cells
the three defendants waited.

Minutes slipped into hours. Midnight
came and passed. Finally the hands of the
clock pointed to four A. M. Judge O’Hara
ordered the jury to discontinue their dis-
cussions until the following morning.

At 10:30 court reconvened. And at 11:20
A. M. the jurors reached a verdict. Sol-
cmnly they filed back to their seats. Sol-
emnly they handed a slip of paper to the
judge. He opened it, read it, turned it over
to the minute clerk. The dead silence of
suspense. Then the clerk read, “We, the
jury, find the defendants guilty as charged.”

A hanging verdict!

With the exception of Cauche, who
choked slightly, the condemned men ap-
peared unmoved, their faces dead white
but apparently emotionless. Tears, how-
ever, crept into their mothers’ eyes.

N MONDAY, SEPTEMBER 19TH, the death
sentence was imposed. Defense at-
torneys failing in their efforts to obtain a
new trial, announced they would bring an
appeal to the State Supreme court.
So the case stands today.
A pathetic angle was added a week after
the trial when Mrs. Lena Dallao, mother

HERMIT’S GOLD MURDER CASE

cumstances seemed to support this theory.

If Fred Sclak was a murder victim,
would not this maelstrom of muck be the
logical place for his cunning assailant to
deposit the body? It was located little far-
ther than a stone’s throw from the cabin.
Slowly but effectually it would suck a body
into its murky, oozing depths.

Murder in the sink!

Perhaps the old man had died that way—
clutching desperately for life in that
treacherous marsh, while his heartless mur-
derer stood nearby trying to pry the seeret
of a hidden cache of gold from his lips.

Wuex WE RETURNED to Grand Lake we
were met by Sheriff Fletcher. Detec-
tive Mack and I questioned him for more
than an hour as he told us the results of
his investigation to date which had been
largely conducted by Deputy Jennings.

“Our search parties have combed. the
hills for weeks,” he concluded. “We at least
had hoped to find the old man’s body, but
that seems to be a hopeless task. We
haven’t found a clue.”

“What about Walter Narr?” I asked.

“His story checks perfectly,” the vet-
eran sheriff of Grand County replied. “He
was in the employ of Selak, all right, and
I saw the evidences of his work at the old
sawmill six miles east of Selak’s cabin. I
have found nothing which leads me to be-
lieve that he knows more of the present
whereabouts of the old man than he has
revealed.”

“How about the woman who discovered
that Selak was missing?” Detective Mack
queried.

“Tt is ridiculous to suppose that she was
mixed up in that affair,” the oflicer replied.
“Her reputation for integrity is unques-
tioned.”

I produced the ring of keys. Sheriff
Fletcher admitted that they had been lying
upon the table when officers first examined
the Selak cabin. It was taken for granted
by his officers, he said, that they had be-
longed to the missing recluse. He was alert
with interest when I informed him that
there were no locks on Selak’s premises
which any of the keys fitted. Yet he
doubted that the keys would be an impor-
tant clue.

The crime had been committed, accord-

ing to his theory, by an outside gang—a
vicious gang that had, perhaps, come to
Grand Lake as tourists, and upon hearing
the story of Selak’s purported hidden store
of gold, had decided to kidnap him and tor-
ture him into revealing the hiding place.

“T don’t know of a single permanent resi-
dent in this whole country,” he said, “who
does not hold Mr. Selak in high regard.
He didn’t associate much with people, that’s
true, but everybody liked him.

“Time and time again he has had the
opportunity to close out on property on
which he held a mortgage, but he has never
done it. He has been lenient and kind—
and shrewd in a way, too—but people here
like him.”

When I suggested the possibility that a
disgruntled debtor might be responsible for
the hermit’s mysterious, disappearance,
Sheriff Fletcher scoffed at the idea and

* related many other acts of generosity which

had endeared the old man to his neigh-
bors.

“Only this spring he organized'a party
to rebuild and refurnish the homestead ca-
bin of Grandma Swanson,” the sheriff said.
“Old Mr. Selak furnished the materials and
neighbor ranchers pitched in and supplied
the labor. The aged widow was in dire
circumstances, but due to the efforts of Mr.
Selak she now has one of the best homes
in this region.”

Nor did the old hermit’s generosity out-
weight his courage, Sheriff Fletcher said.
A few winters previously he had taken care
of Mrs. Catherine Seymoure and her four-
year-old daughter when they were snow-
bound on the Van Dusen ranch, four miles
from his home. Throughout the winter
Selak braved the sub-zero weather to carry
them provisions and to keep them supplied
with fuel. At the time snow was so deep
that other help from neighboring ranches
or from Grand Lake was impossible.

SIMILAR INCIDENT, he related, occurred

in the case of Mrs. Frank Freeman,
when her husband was unable to return
from the “outside” world to his snowbound
family. Again it was the old hermit, run-
ning the risk of being frozen to death on
snow-shoes, who provided the family with
fuel and provisions to last until the roads
became passable.

of Anthony, attempted to commit suicide by
shooting herself. Ever since Anthony was
convicted she had been brooding. A good,
honest woman, she had had little in life to
make her happy. One of her sons was
killed in a dance room brawl. Then an-
other son, George, was hanged for murder.
Mrs. Dallao tried to bear up. But when
Anthony, pride of her heart, was convicted
and bade fair to follow his brother to the
gallows—well, it was just too much.
Placing the muzzle of a .38-calibre re-
volver against her head, she was about to

- press the trigger when Mrs. Irene Dallao,

wife of another son, Salvador, came to the
rescue. But the distraught mother was de-
termined and she was strong. Again and
again she tried to shoot herself until her
daughter-in-law was forced to call for
help. Finally, with the aid of a policeman,
the weapon was wrested from .Mrs. Dal-
lao’s grasp. But Salvador and Irene Dallao
didn’t sleep much that night as they took
turns guarding the suicide-bent woman.

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From page 11

“Can’t you understand now why anyone
that knew Fred Selak couldn’t possibly be
guilty of doing him harm?” Sheriff Flet-
cher asked in an attempt to clinch his
theory that Selak’s disappearance was the
work of an outside gang.

But I was not so sure on that point, nor
did Sclak’s reputation for generosity and
courage impress me as being conclusive evi-
dence that the secret of his strange disap-
pearance could not be discovered right at
Grand Lake.

On the other hand, my experience of a
quarter of a century in dealing with homi-
cide cases, told me that Mr. Selak’s soli-
citious concern over the community’s needy
widows and stranded wives might have led
to serious complications and might have
easily enough provided a motive—even for
murder. ;

Sheriff Fletcher contributed another pos-
sible lead to the baffling case when he in-
formed us that red Selak had had “a
little trouble” with the Osborne family that
lived five miles from his ranch.

The Osbornes were hauling wood and
had secured a right-of-way through Selak’s
ranch, On a number of occasions the Os-
bornes had left Selak’s pasture gates open,
letting his stock wander into the hills.

On one occasion Selak had accosted the
Osborne’s firmly reminding them to keep
the gates closed or else he would revoke
the right which they had secured to tra-
verse his property.

A FIST FIGHT had ensued during which
one of the Osborne boys was knocked
to the ground. But numbers were in favor
of the Osbornes and, in the course of the
fight the aged Mr. Selak received many
forceful blows.

“An interesting episode,” I said, “con-
oem d what has now happened to Mr.
Selak.”

But Sheriff Fletcher promptly informed
me that his officers had investigated the
Osbornes and had failed to find a single
clue which linked them to the hermit’s
disappearance. The Osbornes, he said, were
a hard-working family that had been in
the Grand Lake district for five or six
years, coming to Colorado from the Ozarks
of Missouri.

After my conversation with Sheriff

Fletcher
ber of |
and I w
profitab!
to quest
I four
intellige:
the Gran
that De:
case an
would fi
fine old
I ask:
Fred Se
July 26:
missing.
“Did
missing
I asked.
“Yes,
of Mr.
lot of h
of pistc
I saw o
ing.”

HE R:
Sela
plained
that a
dress s
looted
been at
L bes
learned
afterno
the bus
The
collect:
had dis
tered a
presum
taken s
A pv
stating
“Sur:
around
know w
1 heard
York ¢
’*Magin
Othe:
orated
of old
“that
old coi
youth s+
the fol
I fol
that “t!
Lon O
who ha
right-o
Mear
from |
who |:
Grand
that ab
three \
he hac
headed
said it
“Tt 1
with |
what t
pearan
We
mounte
ranch !
clothed
a log |!

WV °
Ww

to our «
my sus
and jo!
Denver
locatin:

stless night
ced the cell
innumerable
nerable cups

» last to see
About 6:20
wanted for

-offee. Ten
Cavanaugh’s
‘ceiling. Call-

m, Lockhart
cut the thick
hey tried to
yvanaugh was

Had Cava-
from testify-
ad he served
imself guilty ?
s death made
ifficult.

i was decided

-emembered in
ere there such
ce show of in-
packed to sar-
eading to the
1 sheriffs were
they faced a

anembered for
| between
s District
his assist-
nd Herbert W.
fense, G. Wray
er Judge Rich-
Rosenberg—all
most. brilliant

se a jury.
tedious routine
talesmen were
challenged.
vith any local

al punishment?”
hree defendants,
en suits, accused
Nerre Rizan, the
lao chewed gum,
to time. Cauche
e Oliver was not
granted a sepa-

» of Friday, July
inder way.

ling to the stand
employes. Dra-
the holdup. Dra-
e entrance of the
- But not one of
van three bandits
Teller Brownson
lay in a hospital
et wound caused
‘equest of District
ned his shirt and
it by the wound.
loye had finished
=

”

ent spread through

{ the young man
bank,” one woman
anion.
iushed silence. Mr.
Grimly he
mn.
ay?” District

witness

from the

chair. His voice became excited, shrill—

“Ie is in the graveyard from a blast of
a sawed-off shotyun in the hands of Owen
Cauche,” the father replied.

Cauche looked startled. The courtroom
was thrown into a furor.

“T thought it was Cefalu who had the
shotgun,” one of the spectators said.

“Well” replied his companion, “I thought
so, too. That’s what the District Attorney
said in his opening statement.”

Mr. Dietrich was subjected to a severe
cross-examination.

“What makes you think Cauche killed
your son?” Dowling asked.

“LT recognized his voice,” the father re-
plicd. “Just after he shot Gilbert, he told
me if I didn’t mind out he would shoot me
too. It was the same voice.”

Placing one of the bandit hoods over his
head, Mr. Dowling talked through it a few
minutes. Then he removed it and asked
the witness ‘if his voice was the same.

“Yes,” replied Dietrich, “except that you
are talking louder now.”

The father said he saw three bandits
enter the bank, but that there “might have
been more.”

John J. Spindel, former WPA workman,
told the jury that a few minutes before
the holdup he saw Ugarte, clad in a yellow
slicker, seated in a blue sedan a short dis-
tance from the bank.

ke OF THE MosT interesting witnesses
during the trial was Maurice O'Neil,
chief of the bureau of criminal identifica-
tion. After Mr. O'Neil had announced that
the bullets found in the bank had been

_ fired by the shotgun and pistols found at

the home of the two Dallaos, defense at-
torneys started in. Before he had finished
testifying Mr. O'Neil had explained every
detail of the science of ballistics. And
when one of the defense attorneys hinted
that it might not after all be such an in-
fallible science, he smiled unperturbed.

When the defense finished with Maurice,
I took the stand and told of finding the
firearms at the Dallao home and of all my
activities in the case.

Then came the high point of the trial.
For then it was that Joseph Oliver, self-
confessed bandit and star witness for the
state, was led into court.

Throughout the trial Oliver had been
kept at a safe distance. His final appear-
ance caused quite a stir of excitement.
Men’ and women leaned forward eagerly.
Friends and neighbors commented on Oli-
ver’s dark Latin face, on the white suit he
was wearing, on his neatly arranged black
tie. Jurors who had been lolling back in
their chairs suddenly straightened. And
Cauche, Ugarte and Dallao stared so fixed-
ly that it seemed their eyes would bore a
hole through their one-time pal.

After raising his right hand, Oliver be-
gan his testimony. Again he described the
holdup. Again he insisted that he was the
driver of the bandit car. He told how the
stickup had been plotted ten days in ad-
vance; how the conspirators had met the
night before the crime to complete final
plans; how everyone had gotten drunk on
whiskey and absinthe and how Anthony
Dallao had furnished the guns and slickers.

Without wavering he described the drive
to the bank—

“They were hardly inside when I heard
six shots,” he said. “I was terribly fright-
ened. George Dallao came out first. I
asked him where the others were. He said
they were still in the bank. I told him ‘you
go back and protect those boys or I'll
shoot you.’ ”

Direct testimony completed, Oliver was
turned over to Defense Attorney Doyle

for cross-examination. Slowly Doyle
rose.

“Look, Oliver,” he said. “In addition
to the great police record you hold, you
also murdered two citizens, didn’t you?”

Prosecution attorneys leaped to their feet
in protest. ;

“Well,” said Doyle, “I think I have a
right to ask that question. He confessed
to the murders, didn’t he?”

The District Attorney objected. His ob-
jection was sustained. Judge O’Hara told
Oliver that he didn’t have to answer any
incriminating questions.

Mr. Doyle changed his tactics.

“Why are you testifying against your
pals?” he inquired.

“Because I was asked to tell the truth,”
Oliver replied in a low voice.

“Do you always tell the truth, Oliver?
Your career as a thief and a robber and a
killer doesn’t indicate a great amount of
truthfulness. Isn’t it a fact that you im-
plicated your pals to save your neck ?”

“No,” Oliver answered. Then, defensive-
ly. “I was implicated by George Dallao.”

“You were in such desperate straits
that you'd agree to anything, anything to
save your own neck, weren’t you?” Doyle
asked.

“George Dallao wanted to save his neck.
I guess I have a right to save mine.”

The crowd murmured.

“Order in the court! Order in the
court !” .

Doyle’s voice became more sarcastic.

“And I guess you'd have killed George
Dallao on the street that day you said you
would if he hadn’t gone back in the bank ?”

“Maybe I would, maybe I wouldn't,”
Oliver evaded.

“Tt all depended on your killing mood,
eh?” the attorney asked.

“What did you do after you and your
pals divided the bank money ?”

“Took a nap.”

“I suppose you slept
quietly, huh?”

“Yes, I had a good sleep.”

“You slept quietly after two men had
been killed?” the defense attorney’s voice
was incredulous.

“Why not,” Oliver parried. “I didn’t kill
them.”

peacefully and

He AFTER T1oUR the gruclling cross-
examination continued. Tour after
hour questions were shot at the quict-
voiced witness. Not once did he flinch. Not
once did he appear nervous. Warren Doyle
is recognized as tops in the legal profes-
sion. Yet not once could he shake Oliver's
testimony.

When he finally left the stand it was way
past ten o’clock. The jurors yawned sleep-
ily. So court was adjourned.

It was a trial of many surpriscs. No
sooner had the jury showed up Saturday
morning than Judge O’Hara announced
they would be taken to visit the Dailao
home.

The trip was made in a big sight-seeing
bus. To avoid the confusion of curiosity
seekers, a cordon of seventy-five police of-
ficers surrounded the block on which the
home was located. As the jurors climbed
out of the bus and made their way into
the saloon Mrs. Lena Dallao, mother of
the accused Anthony, stood in the door
weeping.

“Just Iet me kiss my son once,” she
begged.

The sheriffs shook their heads.

Court was called to order. Oliver
pointed out the room where the holdup was
plotted. Then I began to testify. The trip
to the saloon had been made at the request
of the defense attorneys who wanted me
to show the jury just where I had found

the guns. In my previous testimony L had
described the position of a drop kitchen,
detailed the number of doors in the kitchen
and told the jury that under a certain win-
dow of the drop kitchen I had found the
guns.

When I arrived at the Dallao home 1
looked around with a start. The drop
kitchen had been renovated. Nothing was
the same. The kitchen itself, which previ-
ously dropped to a yard, now dropped to
the right side of the house. The number
of doors was different and the window
under which I said I had found the guns
was all covered up with beaver board.

But I knew where that window ought to
be, so, taking a knife I cut away the beaver
board. And there, sure enough, was the
window frame.

An intermission was called. And during
intermission Mrs. Dallao served soft drinks
to the jury.

i Ne AFTERNOON THE DEFENSE opened
and along line of. alibi witnesses
started their march to the stand. Relatives,
friends, acquaintances—they all insisted
that Ugarte and Cauche had been else-
where during the holdup; that they had
been elsewhere on the night the holdup was
plotted.

Accounting for almost every second of
Cauche’s time, on the morning of the crime,
alibi. witnesses placed the suspect first at
his home, next at Charity Hospital with his
injured nephew, finally at Lipnick’s garage.

Alibi witnesses for Ugarte testified that
the youth had visited a barber shop on the
morning of the holdup and that immedi-
ately afterwards he returned to his home
where he remained until arrested by police.

Mr. Steckler, who at Cavanaugh’s trial
had identified Cavanaugh as the driver of
the bandit car, reiterated his previous tes-
timony. He was asked to take a good look
at Oliver.

“No,” he said, “that’s not the man. [
said then and I still say it was Cavanaugh.”

The defense scored a victory when the
court ordered Charles Dietrich’s testimony
stricken from the records. In ordering the
testimony left out, Judge O'Hara upheld
Attorney Dowling’s contention that Mr.
Dietrich’s statement conflicted with the
opening statement of the District Attorney.

In his opening statement, Byrne placed
the shotgun which killed Rizan and Young
Dictrich in the hands of Cefalu. Yet on the
stand Mr. Dietrich insisted that Cauchie
had killed his son and that he had used a
shotgun.

Much to the surprise of court spectators,
the defense rested without putting a single
witness on the stand for Anthony Dallao.
And those who had looked forward eagerly
to hearing the testimony of the three ac-
cused men were doomed to disappointment.
Not one of them took the stand.

Since one of the jurors had requested
more definite information regarding ballis-
tic tests, it was decided to let the twelve
men see for themselves how these tests
were made.

HERE WAS NO SESSION Sunday, but on

Monday morning the jurors were taken
to the ballistic department laboratory.
Maurice O'Neil acted as master-of-cere-
monies. First he displayed the empty shot-
gun shells found on the floor of the bank.
Then he showed them the three empty
hulls fired from the shotgun found at Dal-
lao’s home. Tinally he put one of each
under a double-barreled microscope and
waved the jurors to the eyepiece.

One by one the twelve men peered
through the lens. Reporters and court at-
taches looked on with interest. For on the

Coy
Wily 9

hanged,

L Anthony & UGARTE, Joseph, whites, BXREX
New Orleans, LA on January 14, 1938.

Smashing

REIGN ot

By
Chief of Detectives

JOHN J. GROSCH

Police Department

New Orleans, Louisiana _
As told to ALEX J. VUILLEMOT ——

(Below) Arrow indicates the route
made their escape from the Whitney
hold-up in which two

BOUT fifteen minutes before eleven on the
morning of December 3Ist, a dark blue sedan
nosed into the curb in front of a branch of the
Whitney National Bank on Dauphine and Piety
Streets, New Orleans.

Leaving a man at the wheel, five figures in slickers
stepped from the car and walked leisurely into the en-
trance of the bank. Here they hesitated long enough to
pull the rain hoods over their heads. They entered the
bank lobby in a group.

Employees and customers looked at the strangers in

a astonishment. It was as
Pe vi if five members of the Black
ed - Legion or Ku Klux Klan had
‘ suddenly descended upon _ this
branch of the Whitney National Bank
Over the head of each visitor was a slick-
er rain hood into which goggles had been
sewn, giving their wearers the weird appearance
of men in masquerade.
“What's this?” said young Gilbert Dietrich, son of a
wealthy New Orleans lumber merchant, to sixty-year-old
Pierre Rizan, bank guard, who stood at the high customers’
desk in the lobby nearest the door. “Are these fellows re-
hearsing for the Mardi Grasr”

As if in answer to his question, terse, threatening words
vibrated through the bank.

“Get to shooting and leave 'em lay!”

They came from one of the hooded figures who at the
same time pulled a sawed-off shotgun from beneath his
clothes. The other four drew revolvers and began firing
indiscriminately in the direction of the bank clerks.

The man with the shotgun, who wore a black hood

Chief of Detectives John J. Grosch, co-author

(above),. who conducted the investigation and

elicited amazing confessions from two masked
murderers

taken

}

Natic n

men

JUSTICE WAS SERVED—
Claude Celafu: he was killed trying
to escape from custody of the cops.

DANCED ON THE AIR—
Owen Gauche: he met his death at the
end of a strong rope, unlike Celafu.

.. that slugs from the first shot had rico-
cheted off the iron bars of the teller’s
‘cage, bouncing back to shatter the
middle finger of the elder. Dietrich’s
left hand. \ 1, }

That was when Gilbert Dietrich, a
former Notre Dame: football tackle,

went into’action. Seeing the blood on |

his father’s hand, Gilbert swung back
toward ‘the two gunmen who’d come
‘up. behind them. That movement
brought: his six-feet.. of ‘bone. and
muscle .into instant contact with the

“man who «held: a}. snub-nosed: blue .
f ‘steel revolver. At. that same instant .

Rizan, the , 64-year-old uniformed
guard; was reachi
revolver at his hip. * eR:
-.Then second and third’ blasts roared
-out of .the shotgun held by the other
“black-hooded ‘bandit. Young Dietrich,
_ his entire right side laid open ny the
- heavy ane from, the second blast,
cunped slowly and silently toward
the floor. Across his body fell Rizan.
\ Where the old man’s face had been
there was only a great splotch of
crimson.. :
' In the, second period of silence,
through which the reverberations of
the shotgun blasts slowly died in-the
,chamber below, Cousins saw the ban-
dit behind Brownson’s cage’ sweeping

for the service

'» stacks of banknotes and coins into a

» white pillow case. In-another thirty

seconds the man was joining his com-: «
‘2 panions as they backed slowly toward
\,f2the front entrance, their’ guns. still.
“leveled at the four’ customers and

five bank’ employes: who remained

u standing with raised arms. .

Then Cousins heard‘ shouts from

' outside. Over this there rose the roar

‘of a high-powered motor and. the

~ the corner: into Dauphine Street.
“Ten minutes. later there sounded
‘the crescendo wail of ambulance and

ee Speen sirens. By this time Gilbert -

ietrich and Pierre N. Rizan were
reaches. of . human. aid.

’*“Brownson, although. critically
“\wounded and suffering from the. loss’

A CnC rea

Oy , rhage “ey
OW OF NOOSE—
Joseph Ugarte, who had a date
with destiny—via the hangman.

ot ee

‘of much blood, was still conscious

"99° aed renese Pi

when they put him in the ambulance

‘and rushed him. to Charity Hospital.

A second vehicle followed with the
elder Dietrich. And already a score
of uniformed police officers and detec-

‘tives were swarming about the place.

. It was: the second, daylight bank
robbery in New Orleans ‘within the
month. The two men who had died
brought the total of those killed in
holdups in the city to an even dozen
for that December. ‘

In a holdup-murder, unlike other
capital crimes, the police do.not have
to waste time seeking for a motive.

‘When the killers make good their

getaway, leaving no clue to their
identities, it is simply a mattet of
throwing out a dragnet in an. effort to
bag the criminals before they leave
the country or manage to creep into
hiding. Thus, within an hour of the
murders at the- Whitney. Bank, an
order had oe out from Superinten-
dent of Police George Reyer for the
roundup of every ex-convict, every
2 tone criminal, and every “‘person
without’ visible means of support”
in the city.
. “Never mind their alibis—bring ’em
all in!” Reyer. ordered. “Fill up the
preci. jails and then start filling the
arish Prison. Among the ones you
bring in there’ll be the killers or
someone. who knows who. they are.
Don’t waste time talking to ’em; and
if they resist, bring ’em in anyway.
Dead or alive!”

ITHIN the next two hours how-
ever, some clues did turn up in
this latest holdup. There were the

shotgun shells which had been ejected ,
-.from the automatic

p gun-that
had snuffed out two lives. There was
the getaway car itself, found by. Fifth
Precinct Captain Edward J.. Smith
shortly before noon in the 900 block
on St. wonae Street, less: than half a
mile from the scene of the holdup.

.- And in the car were three black

hoods and a yellow slicker. Through
the glass of the rear window of the
black: sedan were two bullet holes.
Although none of. the*persons who’d

converged’ on: the bank following the. .
“sound of gunfire from within remem-
, bered-shots being fired from the flee-

ing car, the police concluded that one
gf the bandits must have» let loose

Oe ae ee

off from in

parked it.
The night
automobile,
Pratt, had b
of her hom:

-which was i

city.

One of the
inside the ca
damp _ blood
police conc!
who’d been
with the sho:
injured by a
were no fin
steering wh:
however, an
from the ins

The cloth
had been fas
cut for the
hand. It wa
that used ir
worn by cl
victimized b

¢ t doe
likelihood o
neered from
told his me

“These kille:

professional:

*that type oi

hoods wher
them in orde
But we’d be
and departn
names of ar
three to fiv
during the |

Maurice |
pert of the ]
a report rea
getaway cai
holes in th:

~ had been r

.41-calibre 1
seen in the |

iy ~ . War. The
’ three ejecte:

the bank
pumpgun of
“Aad the

DOUBLY
Charles 0

by the

1 conscious
ambulance
ty Hospital.
d with the
ady a score
3 and detec-
it the place.
flight bank
within the
10 had died
se killed in
even dozen

nlike other
do not have
r a motive.
good their
ie to their
mattet of
an. effort to
they leave
» creep into
hour of the
* Bank, an
Superinten-
‘yer for the
ivict, every
ery “person
of support”

‘—bring ’em
‘Fill up the
rt filling the
1e ones you
: killers or
o they are.
to ’em; and
in anyway.

hours how-
turn up in
‘re were the

oeen ejected .

p gun that
There was
ind by: Fifth
d J. Smith
.e 900 block
than half a
holdup.
three black
r. Through
idow of the
nullet holes.
rsons who’d
slowing the
hin remem-
om the flee-
led that one
ve: let loose

with a pistol as the machine roared
off from in front of the bank’s en-
trance, where a fourth man had
parked it. . f oot

The night, before the poe this
automobile, owned by: Mrs. E. A.
Pratt, had been stolen from in front
of her home at 1806 Milan Street,

‘which was in an outlying part of the

city. :

Oné of the black alpaca hoods found ~
inside the car.was smeared with still
damp blood. ‘From this fact the
police concluded: that the bandit
who’d been standing beside the man
with the shotgun must have also been.
injured by a ricocheting slug. There
were no fingerprints on either the
steering wheel or doors of the car,
however, and the label had been torn

' from the inside of the yellow slicker. .

The cloth from which the hoods
had been fashioned, with narrow slits ”
cut for the eyes, had been sewn_by
hand. It was of the same material as
that used in the black alpaca coats
worn by clerks and tellers in the
victimized bank. ‘

“¥hat doesn’t mean there’s much
likelihood of this having been engi-
neered from the inside,” Chief Reyer
told his men working on the. case.

“These killers are clever, cold-blooded

professionals. They deliberately chose

‘that type of cloth and then left the

hoods where we’d be sure to. find
them in order to ‘give us a phony lead.
But we’d better check on tailor shops
and department. stores. Find out the
names of anybody who bought .from
three to five yards of black alpaca
during the past few weeks.”
Maurice B. O’Neill, ballistics ex-
pert of the Identification Bureau, had
a report ready half an hour after the
getaway car was located. The two
holes in the rear window, he said,

- had been made by bullets from a

41-calibre revolver of a type rarely
seen in the United States after World

"+ | War'I. The hammer imprints on the
‘three ejected Shotgun shells found in
the bank iridicated an automatic ’

pumpgun of: recent manufacture.
“Amd the shells themselves,” Coro-

DOUBLY A VICTIM—

. profession:

‘ nae be to raise their hands.” -:

MOB GATHERED QUICKLY—
Crowd mills around bank where
two men were shot by robbers.

RC BP RERE y EE Betis ren i
ner Frank Roeling addéd; “had been.

emptied of their original shot and.re-
filled with improvised heavy leaden
slugs. -Unquestionably the work: of
! who'd already: made up
their minds to shoot to kill—even be-
fore giving the order for the: other

y three.o’clock on the afternoon of :

n picked up ‘invarioys ‘parts of |

- bee
the city. Shortly. after that. Chief

of Detectives John J. Grosch received
a tip that an ex-convict, who, at the

. time, was at liberty under: bond: of

$2,000 in». connection’ with another
bank holdup, had. been seen entering

Nahearage in the heart of the Vieux

alf a mile’ from,the scene of
the crime, and: less than a quarter of
a mile from where the getaway car
had been discovered. A
.Grosch immediately. dispatched

. Captain James Daniels, ‘Detectives

Alfred. Malone’ and John Serpas, and
Patrolman John Tolley. to the garage,
which was oniFrenchmen Street. The.
man they sought was Claude Celafu,
19, of Spain Street, who already ‘had ~
a long record of arrests and convic-

€

Charles Dietrich, who was shot in the hand

—_

by the bank robbers who killed his son.

é eG . ‘
; tions. He’s been arrested for the
\ shooting of Police Sergeant Lionel

de during a chase in which the
‘bandit who had committetl the ‘pre-
‘vious: robbery, that of the Freret
. Street Branch of the Interstate Bank-
ing’and Trust Company, had. outdis-
tanced the pursuing police. °
_In that running gun battle Chief of
~Dé@tectives Grosch had also been
, wounded . slightly by scattered shot
from 4 twelve-gauge shotgun. Both
officers. had recovered, hhowever, and

. some months later Celafu was picked

up as a suspect. Only the week be-

_ that day more than fifty suspects had. fore he had been released under bond

“ after‘ spending months in the Parish
‘Prison, and the police were still seek-
ing his alleged accomplices in the In-
terstate Banking Company holdup.
“Within ten minutes of the moment
Grosch received his tip, the four offi-
cers were speeding toward the gar-
xage: . They_arrived to le from the
proprietor that a man answeri to
Celafu’s description had come irffif-
teen minutes before and waited
around until the arrival of a com-

- panion. The two had then asked to

use the rest room at the rear of the

- building. \ 5
“Both of ’em are back there now,”

the_proprietor informed the officers.

_ “Think there’s something wrong with’

one man. He had a handkerchief
held up to his (Continued on page 76)

=~!

Se cs - ar ims *
, t “ het %

his hand. sion of his-own bullet might swing the. before in-the rest: rodrn where “he'd |. —
cs. _Law- other weapon back toward ‘Lannes at gone to wash the'blood of one of the
ied the very.moment that the pressure of ' murde: ed men from his face. I’ knew
» replied; hey Celafu’s finger snapped the.trigger.; it was hot dough, but I agreed’to hold | -\
iristmas. - | ‘After another moment there came a __ it for him:when he told'me he expected:| °
ence, Wie | shattering blast of gunfire. Claudé to be picked up.at any minute... But |:
I at the i Celafu had managed to pull the trig-- when they. closed in on'us I realized
, and ar 3 ger. But by» that time Lannes‘had. that I might-be ‘letting myself infor
ves hike a oe forced his prisoner’s, wrist around so 2 rap.on the: ob if:I:‘was caught with:
ve Ce oo y that the, muzzle- of, the was ai- that money. SoI'broke away.’
oning by ‘ rected at a point between Celafu’s eyes. Cauché’ said: that he‘had walked the
strict sat =| ~. The -nineteen-year-old youth ewho. streets all night; then. returned ,to his
‘rved tha 4 - fad shot two'police officers a year former home and planned to give him-",
pre Sab ‘a before, who had tried to shoot another, self up later. He flatly denied having |
. together. me | and who was suspected of participating taken part in the holdup and murder |. if
esos oe) in at least two bank holdups in which and protested that. he’d. been playing a ~
perc g 4 four: foes, lost their lives, was pro- . oe cA lace on Biimaty” Sree at mo vie
x P nounce’ ea . : he time the crime was committed. — ° . :
0 Were ; _.Grosch and.’Reyer were convinced. haere Py ® oe onc ie”
as that of URING the following four hours that. the. man. was. lying, but: they | cufved to nt your pocket. We more unsightly
It was his Tore than a score of-men.were | 2greed.to go with him to the pool hall |. bulges or tobacco crumbs in your pockets! Tot fi
‘2 pane questioned. ‘They were men who to check:his story. The place to which | Rumiainer ‘keer dopecr tobacco. always | fresh and
none © ‘ - were.known to have been seen in the -they -were .taken,» Anthony Dallao’s | ftavorful! A filck of your thumb fills kgwl. Light-
pees mas 4 slain ex-convict’s company durin: “‘ye= ‘Poolroom on ti viary. Street, was only yee sl pace in amar oorre two-tohe plastic.
first 1 rt s cent weeks. The search for the fugitive five‘ blocks from’ where the getaway . SEND NO MONEY—Test At Our. Risk
rst_ man. ; Cauche was continuing, and arrange- : ear vhad- been: ‘found - two hours: T| Just send your name and address. On arrival deposit only-
Rage yee Nantes were being: made’ to. bring-all. the-holdup,. and’ Grosch immediately | {90,7 COO, Dein in 0 [EXTRA]
is victim's the suspects to: headquarters, when became interested in this seemingly |. days for money back! Save Money. for prompt action!
ith Superintendent Reyer received a tip ‘Striking coincidence.» | Riot |, eum ema wi endo. We ar poses. [eSer ener; or
+ sat Superintendent Reyer ‘afoot to Somb <r went alent yeas Ole A Te HOUSE OF CANTERBURY jitire ne att
ween rat the building. ‘ : 3 ag oe Dallao, vpropriétor of the~ establish- 00 8? Stinten. Chicago 7, mM. pean cdshar
“A apes ’ A police informant. stationed in: Nia actin nln bse ie from Saas fanart SAE
Vieux Carre night spot frequented by Until noon OA” e previous day, Caucne “4°
sis Stor. / underworld characters had overheard - had been inthis esto Sn ool. with | WANN @4 E Hanaturitin gd
P ; two men discussing plans to blow up Dis brother, George Dallao, 25.'\Both | ivy ‘uncrowded, fascinating field. Gratl- |.
tn of headquarters -that very night-in an the Dallao brother's” had Jong police | tying’ earnings reported, by, graces, 2 ‘FREE |
\, Sala ‘effort ‘to free some of the suspects -records, and at that very time Grosch | fmmlomens, crtininent elds Saners
SPF oo | Cauche was, continuing, and arrange- had the latter under..surveillance: in. 2 Il
aey started « & full. or spare time, as al

mile on the
s he turned

eed cuffs on

me with a.

rope before ety ae usher in the New Year. ai ora be that beat th
. ” wring: that time, according ‘to. the’ “policeman Wag en.on that beat the VEST
ap, Celafu, ty htiared Siageoeition overheard: by ~ day before Tevealed that both George ea POCKET SIZE

aer. The car

Soa bomb -headquarters and free the: sus- in the pool hall at about the time of
6 eeaide pects would be made. Re ay aie “4 peciol vet Set Nea beat Box 291- East Chicago, Ind. Dept.-¢
leaned for- mmediately the- police superinten- inside with the oar Bieta er .

d one of: his
Lannes not

assailant. - : ES ena
- “"Malone dared not shoot now. He _
‘before the cops surrounded the piite: -
“Cauche related. \“Claude’ Celafu’: had:

fy oN i Be

directly at the captain's Tight’ temple,:
and for a long moment the only. sdund

to break.the silence of the struggling - “to Chief ;Grosc
en;

men was their heavy bréathing.
slowly, Lannes began forcing the nick-
el barrel of the gun around toward his

saw Celafu’s finger whiten against the
trigger of Lannes’gun; but he~feared,

| that. should he. open fire, the ‘concus- -

being questioned in connection with

the bank holdup. It was New Year’s

Eve,“and in another hour or 80 the *

milling throngs in downtown . New

Orleans would be setting off the fire-

works with which the Reon? of that
Ne

safely ‘behin (
Prison, ‘That. eaite day ‘he. admitted |"

% i ¢ and- Superintendent} \
Reyer that he’d thrown $300 in bank.
joot in the yard of the house where his |:
former. compani
lived with his parents. |

, Pad

the bars.of the Pa

“*

I ;
ys ic
a :

on, Marc . Lawrence, |
managed:.to ‘get awa}

“After that

given me-that money a few. minutes*

connection with another New’ Orleans |. tice,

holdup and murder;* He determined to..

hold: the brothers as material. wit- |

nesses. Then, with Detectives Robert
Smith and Robert Hackney, he started
a search of the premises. Bey

‘In the meantime a check with the

and)Anthony Dallao had actually been

“mn fully convinced that the Dallao_

’ brothers, if not in on the actual holdup,

tish |

|_ ELIMINATES
POCKET. BULGE”

Send for 3000
and bry Po ‘Analyst mpeLat
A.1.6,.A.: Ine, Witheit Bldg., Dept. 137, Springfield, Mo. -

COMIC BOOKLETS :

-. ‘DuLaw Novelties

HELECTRIC LIGHT JAZZ BOW TIE!

: LOADSTONES

7— LOADSTONES are carried in
= pairs in purse or pocket by those

‘, At the time of Owen Cauche’s-arrest ~"7 eh ated AINE ras 2 erat ey
; several months before the suspect had \.;" “Buty holding’ ’em - is | oing to. be
waiege £ lived in that house, and it had been : somethin

ot out toward
which Lannes
pecial. Celafu

eS ; thes- had knowledge’ of the plans for the | Artonisn, amaze you mend. x
mi ine | : m

u can tie it arg as oe peg gto “job and know. the names of the four. Bave lots of fun. aaily put s] AQ
edged closer maining hours of the night. ‘The: at- ‘men who pulled:it,” Chief Grosch:in-"| simpy pressive nattery pee

tween Hiline oe tempt, if it actually had. been planned, formed-his aides. ” id you see:the ex= |" Conplete, wien ee cEND NO %. Oe
ee Betorts i was never carried out, however: . ‘pregsiory on ,their’faces:when swe: told | der’today, pay postman $1.49 plus, post,
es ate “04 4. St three o'clock on New Year's Day.» &™. Cauche-had used them ‘for ‘his | . Gr send, $1.50 Rind’ we bay posteae. yaperiat
Tee affic ; afternoon, Police Officer. ‘Edinund ‘alibi? They were probably the ‘only | BERNARD FINE CO., INC.
2 Celafu sud- _-: Seanlon of the Fifth Precinct, wearing tW0 jhe could usé—the ‘only two who | sox sixtn Ave. pent. NPM, Rew Yorn 33 ‘
o Ceninaark [<)-7 Scanlon tes, fas standing in a door “knew:that:he- was one ft the killers | ama :
crit shes 4 way across..the street from a_two- _but didn’t dare:puneture his alib jbe« GEN UINE. MAGN ETIC ;
At the same i , story frame house on-Dauphine Street. seepegoiaeah, 9 gree say, about | 2 ails

dgain, unless we’ can | '

, ; et learned. that’ he’d recently returned “prove 4 PED who believe they bring them good
ene eee a there to visit friends. Fh ee OWL ANY" toh One Loadsto stone 1 attrac t the
-e, before the Officer Scanlon had been watching , LOVE, LUCK. ete. The other is to drive

ete.
away the things that keep you. from
~ having what you desire. No Super-Nat-
‘ral claims made. Sold only as curios,

* the place for,,more than three jhours, there’s'n
ness

ym the impact

te)

stepped from a

28 Captain walked rapidly.t » SPECIAL "ith exch oe of Lond
man was. Owen C a bottle of alleged FAST-

on the barrel me
y the prisoner.
cel was pointed,

undr

a and
ied ole All THREE cont pestees for
‘ a 4 og C.O.D. $2.24. GUA ED to
Live Genuine Magnetic Loadstone:

). Money Refunded if not satisfied. ee

Ta Se

“ 30 years Detective Experience. Formerly ..|
ent. For free’ par-
ips Secret Service, -
Chicago -.
‘ - 39, Illinois. ae Ga

ing cream

. depending on quantity. t
running up and down stairs-Economical! Handy!

ctt les each heater.

_ National Schoo!

NOW! YOU OR: ANYONE

HAVE HOT WATER QUICK! |.

‘

BOILS WATER:
SUPER-FAST

Merely place a BOL WIK Port- ‘¢
sable Biectric Water Heater in a -
, receptacle containing water. Plug in the nearest

Eurekat In a few minutes HOT WAT. Hi

cient ity’for bathi hi

shaving,

y 8, etc.,
No fires to pulld, hy

: eo
a ES,
Sims ;
LS

ER,
dishes, and

socket ...
ts a sumi-
clothes, -

the speed >

water to

and pos'
turn within 10 days for refund of full purchase price.

Dept.22-E

Lake Street, Chicage 1, Ulinels:

At Home —In Spare

Time

~ school, Prepares
4 | Meat. Cutter, supervisor,
or money jin your
ly as your spare

thits. Diploma, Start NO tum
Lay Bend foi FREE bulletin today. No ob!
n¢., Div. HD-17,

tion,.
‘oiedo 4,0.

+ Has

“day for
needn't invest one cent!

PIXAGOL CO., Dept. H-M, Bex 3583, Cleveland, Obie _

TES =

DETECTIVE TRAINING |:

-By Robert B. Phillips, Sr., Principal

U. S. Gov. Special
ticulars write the P’
1917-HD North Kenneth Ave.,

BECOME AN EXPERT
vis | -

},000 .
12 spar

Taveaandy Tree need Goes PRR
eee Sane

LASALLE Exteasion University

A Correspondence institution

oA Genuine High Quality

GABARDINE:2:::. | |

VALUE $1195!

“Order ‘by. mail and
SAVE! -Firmly
virgin ‘wool !

“WAIST 28-36 pleated—
y Send name,
SEND NO MONEY S2timen™n

uarantee. Onger yours ih

» es FA TAROT Nee

Dress

Orel

LEARN MEAT CUTTING &

ise,
on 25 years’ proven: instruction methods
used at National's famous resident ~
you for bigger pay as

Tada
hours Pato

everythin;
m write to-

AT:

417 Se. Dearborn St.
Dept, H-682, Chicaga 5, Ul.

HEADQUARTERS geen

4
ah

)

panes tortie
P

‘face when he came in, and I.saw that.

-there.was blood. on it.” ros

~ -As* the officers. went: :toward the
closed door of the rest room, they saw
it slowly commence ‘to open. , They

necokntzed the: first.‘man who em--
| -erge
| teen-year-old youth

as Owen Cauche, another nine-
é with a prison
‘record. For weeks Grosch’s men had
‘been*hunting for Cauche to-question .
him: “in connection “with the: ‘murder’,

*several months before of Frank Pipi-
-tone’at his soft drink-stand in down-

‘town New Orleans. The youth with °
-Cauche was Celafu. ;

if
having been recently. iored:

‘Daniels entered. the’ rest room and*

'|“found-a. blood-smeared handkerchief

ou (- at epee

rected into the ‘police car beside ‘his

i bigs Celafu was rushed to the Ninth Pre- ,

-cinct stationhouse nearby, while the
olice. * hurriedly. threw. ‘a ~.cordion

taking-a-picture of the Jot behind 720
en, through which’ the fugi-

: arae? igs
The money, $300, was turned over to
‘Assistant, District Attorney J. Bernard
Cocke; and an hour‘later it was identi-

| Teller. Brownson’s:cage...

qd beeni.pn ‘their way

"“GONTINUED FROM PAGE 31

{with him a

BEARER—FIVE LIVES

4 \ =

oh - ‘ f
‘to her holding the necktie in his hand.

“Ever sée this before, Mrs. Law-
tence?” he asked. ~- Le

“Why, yes, of course,” she replied.
“J bought it for Mare for Christmas.”

His -alibi’ punctured, Lawrence was -

‘taken to join,Celafu in a cell at the
Ninth Precinct stationhouse, and an
hour later-Captain of Detectives Frank
Lannes:arrived there to remove Celafu
to ‘headquarters’ for. questioning by
Grosch and thé assistant district at-
torney..:'The police had observed -that
not-once had he spoken to Lawrence
during their heur in the cell together.

Coroner’. Roeling in the meantime

‘had-examined the bloody handkerchief
left-in the garage rest-room and had
determined that the stains on ‘it were

of::the same’ blood count as that of °

‘murdered Gilbert Dietrich. It was his
theory that when the former college
football star “had swung on one of
‘the gunmen, and had’ then .been. shot
down by the ‘other, blood from ‘his
“wound ‘had’ spurted on the first’ man.

“The: bandit had later used the hand-

kerchief to wipe sare his victim’s
blood, Roeling theorized.’ ;

It was dusk when ‘a police car with
Celafu in the rear seat between Cap-

dae’ 2 EY MOND” ate “tox
Daniels rushed outto’see Detective. tain Lannes and* Detective Malone

left the’ Ninth Precinct’ and headed
» south on. Clairborne Avenue. At the
‘wheel was Patrolman Joseph Scior;

tino, - : :

*“Should’ve brought along a pair of
handcuffs for this “punk,” Captain
: es ‘commented as they started
out. There was’a wide smile on the

~to reply:
. “Now, Cap, you don’t: need cuffs on
me...
thread.” rts i
- “More likely it'll be°a rope before
~yow’re through with this rap, Celafu,”
Ceanes replied grimly.
--That-silenced the prisoner. The car
- by.this time had reached the inter-
section “of . Clairborne and “Perdido
- Streets. Suddenly: Celafu leaned: for-
ward and reached toward one of. his
shoelaces which Captain Lannes noted
“had come untied... . iS
“Never mind tha{; you can tie it
. later,” Lannes said.’

* “As he spoke, Lannes ‘edged closer

; toward the man seated
self. an

““tective -captain’s chin, At th
_timae the youth’s hand shot out toward

youthful prisoner's’ face as he turned .

Why, you can hold me with a.

directly a
and for a
to break
ling
owly, Lz
el Darrel {
assailant.
Malone
saw Celaf
trigger of
that shou
sion af hi:
other wez
the very.:
Celafu’s fi
After a
shattering
Celafu ha
ger. But
forced his
that the
rected at <
The nib
had shot
before, w}
and who v
in at least
four’ men
nounced ¢

URING
more
questi:

were kno’
slain ex-c
cent week
Cauche w
ments we
the suspe
Superinte
that there
the buildi
A polic
Vieux Ca:
underwor
two men
headquart
effort to
Cauche w
being que
the bank
Eve,“ and
milling t)
Orleans w
works wit
city annu:
During t}
whispered
Reyer’s i
bomb hea
pects wou
Immedii

“dent orde

ferred to '

- ‘of uniforn

men was
and remai
maining h
tempt, if i
was never
At three

, afternoon,
> Scanlon of

plaincloth:
way acro:
story fram
At the tin
several m«
lived in t
learned t}
there to vi

Officer ‘

* the place

when a ga
stepped fr
walked ra}
man was

advanced

overtaken
into his ril
- Half an

— “ ~-

80 823 FEDERAL REPORTER, 2d SERIES

stitutional law. Not a single argument is
advanced directed at proving that the Unit-
ed States in these international agreements
agreed to provide additional factors for de-
cision or to modify the decisional factors
required by the United States Constitution
as interpreted by the Supreme Court. The
argument is ingenious but content is whol-
ly lacking.

SEVENTH CLAIM

[8] Finally, the seventh claim renews a
basic attack upon capital punishment as a
cruel and unusual punishment under the
Eighth Amendment and as read into the
Due Process of Law Clause of the Four-
teenth Amendment, but with the added
claim that it is cruel and unusual because
of racial bias. This claim is clearly dis-
posed of in McCleskey v. Kemp. It adds
nothing to the basic claim of constitutional
violation by racial discrimination by imple-
menting the death penalty. This claim
clearly was not supported in this case un-
der McCleskey because no showing of in-
tent to discriminate or discrimination was
made.

CONCLUSION

This case was brought to us only on
Friday, July 17. We have spared no effort
in reviewing the record, but, despite our
earlier familiarity with the case pursuant
to our established procedure, Local Rule 8
and Fifth Circuit Internal Operating Proce-
dure following that rule, we have been
unable to decide the matter until today,
Saturday, July 18. Under Louisiana law, a
stay of execution for any period, however
brief, would require scheduling yet another
execution date, at least thirty days in ad-
vance. In order to avert yet another re-
scheduling, yet in order to assure that the
petitioner would not be deprived of the
opportunity to present his case to the Su-
preme Court, the Clerk of this court has
communicated with the Clerk of the Su-
preme Court to alert that Court to the
possibility that we might deny a stay today
and to inquire whether the fact that a
petition for a stay might in that event be
presented to the Supreme Court on Satur-

day, July 18, or even Sunday, July 19,
would prejudice its consideration. The
Clerk of the Supreme Court has advised us
that the Court has been fully informed of
this possibility. We therefore GRANT the
right to appeal in forma pauperis, DENY
the certificate of probable cause to appeal,
and DENY the stay of execution.

RIGHT TO APPEAL IN FORMA PAU-
PERIS GRANTED.

CERTIFICATE OF PROBABLE CAUSE
TO APPEAL DENIED.

STAY OF EXECUTION DENIED.

+VIMS

UNITED STATES of America,
Plaintiff-Appellee,

vy.
John TRICE, Defendant-Appellant.

No. 86-1925.

United States Court of Appeals,
Fifth Circuit.

July 21, 1987.

Defendant was convicted in the United
States District Court for the Northern Dis-
trict of Texas, Robert B. Maloney, J., of
making false statements to financial insti-
tution and he appealed. The Court of Ap-
peals, Garwood, Circuit Judge, held that:
(1) evidence was sufficient to show that
defendant intended to influence decision of
savings and loan association; (2) Govern-
ment was not required to show that defend-
ant did influence action of the association;
(3) evidence was sufficient to show that
association was federally insured at the
time in question; but (4) court’s instruction
improperly expanded charge against de-
fendant; and (5) reversal was required with
respect to two convictions as to which it
could not be determined that the instruc-

OE RE RELL ENGL L

LAFAYETTE, LA.
DECEMBER 3, 1983

The town of Lafayette, Louisiana, lo-
cated in the heart of the parish which
bears its name, is a peaceful community.
Major crime takes place in the cities of
New Orleans, Baton Rouge, Shreveport,
Bossier City and Monroe. It is from
those communities that the majority of
the state pen’s Death Row inmates
emerge.

In Lafayette, violence isn’t quite such
an everyday occurrence. When people
talk about it, frequently it has something
to do with a gator hunt in one of the many
Louisiana bayous.

But in the summer of 1981, gator

was a brave wo-

Marcelian Richard, 81,
man who had a rich zest for life. Then
the rapist struck and ended it all.

cuted Louisiana 7-20-1987.

fy te type Ol Person tie rapist wanted.
He wanted his victims to be alert and
sensitive persons who would fully under-
stand the atrocities which he wanted to
inflict upon them, at the same time be
somebody who could not struggle or
fight back.

The rapist’s job enabled him to see a
lot of different areas of the city. He knew
most of the neighborhoods pretty well
and was cognizant of the places where
the old folks lived.

In June, he'd been watching the senior
apartment complex and had picked out
several potential victims, all old women
who lived alone. He wanted to steer clear
of any couples. He watched the old
woman’s apartment for quite some time
to make sure she had no visitors. Then he
moved in.

It was easy to gain access through a

Panic in Louisiana:

__LUST FIEND PREYED |

hunts were the last thing on everyone’s
minds. A string of brutal rapes culminat-
ing in a murder terrorized the citizenry.
The days of being able to leave one’s
door unlocked at night were long gone
after the city of 81,000 persons was stun-
ned by the crimes.

Police will never know for sure just
how many old women may have been
victimized by the rapist. It is believed
that for every rape that is reported, sever-
al others are not because of fear or
shame.

The detectives investigating the brutal
rapes eventually weyid attribute three to

the man they finally nailed. All of the
attacks had similar modus operandis.
They involved old women too helpless to
fight back, they all occurred at night in
the women’s homes, and the assailant

relished beating and torturing them.

The first assault occurred one hot eve-
ning in the middle of June 1981, at a
government subsidized apartment com-
plex for the elderly in Lafayette. The
rapist knew that the apartments were oc-
cupied by old men and women too inde-
pendent to be stuck away in nursing
homes, but too feeble to really defend
themselves if attacked. And that’s exact-

rear window that had been left unlocked
because it was so unbearably hot in the
apartment on that muggy June day. Be-
fore the old woman realized what was
happening, the rapist was upon her and
had clamped a hand over her mouth and
had slapped her to the floor.

With a frenzy, he tore at her night-
clothes and repeatedly struck her. At first
the woman tried to fight back, but soon
realized she had to choose between sub-
mitting to the attack or dying. She did not
want to die. The man raped her and then
vanished the same way he had come,
through the open window which was lo-

After two brutal rapes on the elderly, Lafayette residents
stayed indoors because of the fear that the assailant would
strike again. And he did just that, but he did more than
rape the defenseless woman. He broke her neck and
seven of her ribs, then strangled her. But the pervert
didn’t get away with it this time because he made
one mistake which led police right to him.

INSIDE DETECTIVE,

September, 1985

cated at the back of the house.

It took several minutes for the woman,
who was in shock, to get to her feet and
struggle to another room where the tele-
phone was located. She called the police
and then an ambulance.

Her description of the assailant was
not very good because it had been dark in
the room where she was attacked. She
estimated he was between five feet six
inches and six feet tall, rather muscular,
with black skin and an Afro-style hair-
cut.

The woman told detectives that her
attacker wasn’t wearing any gloves when
he grabbed her. She was certain of that
because he muffled her cries with a bare
hand. She then pointed out the room
where the assailant gained entry and
some of the things he had touched.

Detectives dusted the window for fin-

Willie Celestine became a suspect after
being pointed out by a witness. But the
real clincher was the fingerprints.

NOOdtum WNO Wahled tO WaikK Ml did Uc-
stroy their tranquil life-style.

And it was evident to visitors that
something was dreadfully wrong. Long
faces that found it difficult to smile; the
fear in their eyes that couldn’t be
masked; the drawn drapes during eve-
ning and daylight hours; and normally
neatly kept flower beds which were ne-
glected betrayed the feelings of the seni-
ors in the apartment complex. The only
thing they could do was keep an eye on
eachother and report any suspicious be-
havior—wait until the rapist’s next at-
tack.

But there was one resident of the com-
plex who refused to cloister herself in
fear, who refused to let some hoodlum
ruin her life and the lives of those around
her.

Marcelian Melancon Richard’s posi-

ON ELDERLY WOMEN!

gerprints and several other items in the
room where the actual attack occurred.
The rapist had made a mistake by not
wearing gloves. Several clear finger-
prints were obtained.

Unfortunately, the detectives could
not match the prints to any in police files.
That was not-to say the rapist’s prints
may not have been on file. But compar-
ing the prints with every one in the de-
partment’s files was a process that took
months, and before it was completed,
two more rapes, one ending in murder,
would occur. :

Sleuths questioned other residents liv-
ing in the senior apartment complex.
None of them could recall seeing a
Stranger casing the apartment complex.
Because of the manner in which the
neighbors watched ‘out for each other,
Probers believed that the rapist must
have cased the apartment complex be-
fore committing his crime.

Residents at the apartment stepped up
security measures. Several who used to
leave their windows open at night for air
Circulation locked everything securely
after the first rape. But there were others
who believed the rape was an isolated
incident, and that further attacks
wouldn’t occur. They were wrong.

On September'5, 1981 the rapist
Struck again. It was almost an identical

performance to his first attack at the sen-
ior apartment complex. The old woman
lived alone. The rapist got in through a
back window late at night and pounced
upon her before she could get to her
telephone or pull the emergency chain by
her bed which would summon help from
the manager.

Like the June rape in the same senior
apartment complex, this attack was ex-
tremely brutal and the rapist made the
mistake of leaving a fingerprint at the
crime scene. It matched one of the others
that had been lifted from the first crime
scene.

Many residents in the apartment com-
plex were living in a state of siege. They
cloistered themselves in their apartments
and refused to answer their doors unless
the visitors telephoned in advance. Per-
sons who normally participated in card
parties and pot-luck lunchéons and eve-
ning meals stayed in their apartments. It
was as if an entire community had under-
gone a ‘metamorphosis—from friendly,
fun-loving people enjoying their twilight
years to scared, bellicose curmudgeons
who wanted nothing to do with the out-
side world.

‘Even though police were doing their
best to solve the ugly crimes, it seemed
to the residents that they were alone and
against the world, just easy prey for any

tive attitude about things was a beacon in
the fog. She tried to cheer her neighbors
with encouraging words and visits. Cof-
fee was always on in her apartment, and
she welcomed friends at any hour. For a
short period in September of 1981, it
appeared that things might be getting
better.

But that all changed when the rapist
chose Marcelian as his next victim. On

September 13, 1981 he tanked up on beer

and took some speed. He was ready for
his next attack, and early in the morning
he broke a back window of the apartment
and gained entry before the-old woman
realized what was happening.

As he’d done to the other two, he beat
Marcelian. But this time he didn’t tem-
per his rage. Before, during and after
raping her he continued hitting her in the
face and the body. He heard the bones
crack but that didn’t stop him. Then he
started choking Marcelian, and finally he
snapped her neck. Then he left the apart-
ment just as quickly as he’d arrived. No-
body had seen a thing, even though it
was dawn, because the back of Marce-
lian’s apartment couldn’t be seen by any
of the other residents. She was isolated
compared to the locations where the oth-
er two rapes occurred.

At 7:00 a.m. a cousin arrived at

(Continued on page 56)
51

= bod pee?

CELESTINE v. BUTLER 79
Cite as 823 F.2d 74 (5th Cir. 1987)

instructions were given only after closing
arguments at the penalty phase in which
the prosecutor exhorted the jury to impose
the death penalty and defense counsel with
equal eloquence contended that the jury
should commit Celestine to jail for life,
without benefit of parole or probation, so
he could suffer a lifetime of remorse for
his crime.

Celestine’s sole basis for raising the is-
sue concerning “recommendation” rather
than final decision arose only because the
form given to the jury for its verdict refers
to “recommendation.” This form results
from the fact that the Louisiana statutes
refer to the jury’s power to sentence to
death or life imprisonment “in accordance
with the recommendation of the jury.” La.
Rev.Stat.Ann. § 14.30(C). But the very
next section of the Louisiana Code of Crim-
inal Procedure goes on to provide that the
Court is required to sentence in accordance
with the jury’s binding “recommendation.”
La.Code Crim.Proc.Ann. art. 905.8. The
jury was not, however, informed of the
latter provision.

While it would have been preferable, cer-
tainly, for the judge in precise terms to
point out that the jury’s recommendation is
binding at the time the word recommenda-
tion under the statute comes to the atten-
tion of the jury in the verdict form, a
consideration of the entire record with re-
spect to the instructions given the jury in
this case makes it abundantly clear that the
jury was informed that it was_ itself
charged with the final authority to deter-
mine whether there would be a death sen-
tence or a sentence for life.

THIRD CLAIM

[5] The third claim involves the life-op-
tion issue. A recent decision of this Court
has re-emphasized that instructions to the
jury during the penalty phase must inform
the jury clearly of its option to return a
verdict of life imprisonment even if it finds
one or more aggravating circumstances.
This holding is Evans v. Thigpen, 809 F.2d
239, 243 (5th Cir.1987). It is clear, as the
district court opinion points out, that Hvans
did not create new law because a number

of earlier decisions before the date of final
petition for habeas corpus in this case had
made clear the requirement that the jury
be instructed about the option to require
life imprisonment. Spivey v. Zant, 661
F.2d 464, 470 (5th Cir.1981), cert. denied,
458 U.S. 1111, 102 8.Ct. 3495 (1982); Che-
nault v. Stynchcombe, 581 F.2d 444, 448
(5th Cir.1978).

In view of the established law this con-
tention by petitioner was also properly dis-
missed by the district court on the ground
of abuse of the writ for failing to raise the
issue at an earlier time in an earlier peti-
tion. Rule 9b), 28 U.S.C. foll. § 2254.
Again, no contemporaneous objection was
made to this alleged improper jury instruc-
tion, and under the established rule the
claim must fail on this ground as well.
Engle v. Isaac, 456 U.S. 107, 102 S.Ct.
1558, 71 L.Ed.2d 783 (1982).

[6] Because this was a capital case,
again the district court went ahead and
considered the claim in detail on the merits,
and denied it. Our study of the record
confirms that conclusion. The jury was
told that if they found aggravating circum-
stances beyond a reasonable doubt: “You
may consider imposing the death sen-
tence.” The instruction went on to tell the
jury that if it found aggravating circum-
stances it then had to also consider mitigat-
ing circumstances before it decided that a
death penalty should be imposed. These
instructions made it clear that the jury was
not compelled to assess a death penalty
even though it found aggravating circum-
stances.

FOURTH, FIFTH AND SIXTH CLAIMS

{7] The fourth, fifth, and sixth claims
are all based upon the American Declara-
tion of Human Rights and the Charter of
the Organization of American States. The
claim is that as treaties these international
documents supersede Louisiana law under
the supremacy clause. The claims, how-
ever, are based upon asserted racial dis-
crimination and use of a death-penalty-
qualified jury. How these issues are to be
determined is settled under American con-

poe
z

oS,

lover, they pointed out.

“*It was a case of wife-swapping all
around,’’ commented the prosecuting
attorney.

However, the jury of six men and six
women took a mere 64 minutes to find
Peter Hogg ‘‘not guilty’’ of murder. In-
stead, they convicted him of manslaugh-
ter and sentenced him to four years in
jail. He was also fined a total of $1,000
on the minor charges.

Afterwards, it was revealed that the
jury had been influenced mainly by the
evidence of airline stewards who had
flown with Margaret Hogg. They all re-
ported that Margaret had been a member
of the notorious Mile High Club—an ex-
clusive society of aircrews who have had
sex while flying above the clouds. She’d
had a string of lovers among airline stew-
ards all over the world.

According to one witness, Margaret
Hogg was known among airline per-
sonnel as *‘Hot Knickers.’’ He told the
jury: ‘She was a real man-eater—a first-
class cow.”’

And another reported: *‘If you were on
a flight with Margaret, you soon got to
know if she fancied you. She wouldn’t
exactly rip off your trousers, but it
wasn’t far short of that.

‘If you were staying overnight in a .

hotel abroad with her, you were on to a
good thing. She was game for anything.
She was a real sexpot.”’ @

EDITOR’S NOTE: |
Monique Pascal is not the real name
of the person so named in the foregoing
story. A fictitious name has been used
because there is no reason for public
interest in the identity of this person.

PREYED ON ELDERLY CONTINUED FROM PAGE 51

Marcelian’s front door and knocked re-
peatedly. It was unusual for Marcelian
not to be up at that hour, the relative
knew. And she had telephoned just two
hours earlier to make sure Marcelian was
ready for the outing. The front door was
unlocked and the cousin entered. Her
worst fears were realized when she en-
tered Marcelian’s bedroom and saw the
battered body of the 81-year-old woman
sprawled on the floor.

Lieutenant Gerald Boutte and Detec-
tive C.J. Dartez arrived at the scene
shortly after the patrolmen had cordoned
off the area. Dartez had investigated the
first two rapes at the senior complex and
he was angry at the scene before him.
Det. Dartez felt whoever had committed
these atrocities had absolutely no mercy,
no compassion in his soul.

“If it’s the last thing I do, I’m going to
catch the guy who.did this,’’ Detective
Dartez told his lieutenant. **The guy has
slipped up by leaving his fingerprints
behind, maybe he’s made other mis-
takes, too. There has to be somebody out
there who has the key to this thing; some-
body who knows something.”’

In his 15 years as a lawman, Dartez
had seldom seen crimes so senseless as
the rapes and murder he was investigat-
ing. He knew that the killer probably
would strike again unless the police de-
partment was able to make an arrest. The
last two attacks had occurred within less
than two weeks of each other. The rapist
was evidently stepping up the frequency
of his crimes, and the detective feared
that he would return soon. The big ques-

tion on the detective’s mind was whether
the rapist would strike at the same senior
apartment complex, or would he move
on to another. It would be impossible to
stake out all of the apartments in the city
that housed elderly persons.

By questioning the cousin who had
discovered the body, Detective Dartez
was able to determine the approximate
time of death.

*‘T called Marcelian at 5:30 this morn-
ing to see if she was ready to go to Tex-
as,’’ the cousin told the detective. ‘‘We
had been planning this trip for quite some
time. I telephoned at 5:30. She said she
was dressed, packed and ready to go.
When I got here at seven o’clock, I found
her dead.’”’

‘‘Did she mention that she was expect-
ing any other visitors before you ar-
rived?’’ Dartez asked. ’

**She was a very friendly, open person
and would have welcomed her friends at
any hour.”’

Dartez didn’t suspect any of the vic-
tim’s friends or relatives. He had in-
quired about other visitors on the chance
that if somebody else had dropped in, he
could pinpoint the time of death even
more closely and also question the per-
son as to whether he or she noticed any
strangers in the neighborhood. But as far
as Dartez could determine, Marcelian’s
cousin was the only person to visit her on
the morning of the murder.

‘At least the detective knew the crime
had to have occurred sometime between
5:30 and’ 7:00 a.m. When questioning
neighbors he could at least focus in on

that time sequence. He figured the assail-
ant probably had arrived at the apartment
complex around 5:00 a.m. Fleeing the
area would take perhaps five minutes. So
Dartez concentrated on probing neigh-
bors’ memories as to anything they
might have noticed between 5:00 and
7:05.

Detectives learned Marcelian Richard
was born in 1900 on a farm outside La-
fayette. She was the fifth of 15 children
born to French-speaking sharecroppers.
Her early years weren’t easy. She
learned to work hard, and that trait
stayed with her throughout her entire
life. That pioneer spirit was evident even
in her latter years. That is why she was
able to bear up under adversity and be
such a pillar of strength to others at the
senior apartment complex. She'd over-
come hard times before and felt confi-

dent this situation of the seniors being

preyed upon would be no different.
**She said, ‘They’re not going to come
back. I’m not scared,’ ’’ one of the
neighbors told Detective Dartez. ‘‘I told
her if they attack in the back they’ll at-
tack here, too,’’ the woman told the de-
tective. *‘I locked all her windows. I said
don’t unlock it unless you call me to lock
it back. I offered to go sleep with her.
But she was certain they wouldn’t attack

-a third time.’’

The woman kept using the term
“‘they,’” Detective Dartez noticed. Ap-
parently the seniors believed more than
one person was involved in the attacks.
But fingerprints found at all three crime
scenes indicated that one man was re-
sponsible for all the attacks.

The witness had become.very close to
the murder victim. ‘‘I was very lonely.
My son had died. I told her, ‘You're
going to be my mamma,’ and she said,
‘Good, I'll be your mamma.’ ”’

‘*I don’t want to get close to nobody
like that any more,”’ the neighbor con-
cluded. ‘‘It hurts too much.’’

From neighbors, the detective was
able to learn that the murder victim was a
person of habit. Each morning, Marce-
lian got up around 5:30 to begin her day
with a television prayer show. She would
recite in French the rosary. Then some-
times she would go back to bed to catch a
couple more hours sleep. Sometimes
she’d just stay up. Once Marcelian was
up for the day, she’d open her front door
to let her neighbors know that the coffee
was on and they were welcome.

‘‘Before all these attacks started, we
were just likea big family here,’’ another
neighbor told Detective Dartez. ‘‘It’ll
never be the same, ever again.”’

Everyone, including her grandchil-

trial that the jury learned that Celestine
had already been convicted for the other
rapes that occurred at the apartment com-
plex. The jury recommended that Celes-
tine be put to death, and the judge for-
mally pronounced that sentence two
months later.

The Uniform Capital Sentencing Re-
port described Willie Celestine as a high
school dropout with a juvenile record,
but no prior history of violence.

**Willie Celestine is not the product of
a broken home unlike his counterparts,”’
the report quoted his probation officer.
‘*His parents have attempted to provide
the proper parental guidance. Because of
strong ties to his peers, Willie has chosen
to ignore the expectations of his par-
ents.”’

After leaving high school, Celestine ~

spent some time in a juvenile institution
in Monroe. Then he worked for a feed
store and as a golf caddy. He spent four
years in the military and received a dis-
charge in 1979.

For several years he worked as a car-
penter’s helper for a Lafayette contrac-
tor. The contractor described him as a
hard-working non-violent man. Neigh-
bors who knew Celestine gave similar
statements. fe

It will probably never be known just
exactly what made Willie Celestine snap
and turn into a rapist and murderer. He
said it was the drinking and the speed that
he took.

Today, Willie Celestine, now 28, sits
on Death Row at the Louisiana State
Penitentiary at Angola. He has missed
three dates with the electric chair, which
some prisoners have christened ‘*Old
Smokey.’’ His most recent execution
date was February 9, 1985. The U.S.
Supreme Court granted him a stay of
execution just eight hours before he was
to die. Celestine broke down and cried
and said ‘*Thank you, Jesus,’’ when he
received word of the stay.

The court gave Celestine’s attorneys
seven weeks to prepare their latest round
of arguments on his behalf before it will
hear the case.

Prosecutors involved in the case say
that his attorneys have not nearly ex-
hausted all the legalities, and appeals
probably will go on for another year be-
fore the time for Celestine’s execution
again becomes acute.

Those who knew Marcelian Richard
wait to find out what her killer’s final
punishment will be—life in prison, or
the death chamber.

VICTIM’S FUNERAL CONTINUED FROM PAGE 43

court that he was unaware at the time
of his wife’s death that she was plan-
ning to divorce him and that when she
visited him at the hospital, he be-
lieved they might be reconciled.

‘*T told her I loved her,’’ he testified.
‘She kissed me...She said maybe we
won't have to have a divorce...maybe
we can get things straightened out.”’

It was not until *‘a month or two la-
ter,’’ he noted, that he learned his wife
had been having an affair with another
man.

The following day, Wednesday,
March 14th, the defendant’s ex-wife,

who told the court-that she had divorced .

him in 1975 after half a dozen years of
marriage, testified that Anthony had
admitted to her, too, that he strangled his
sister-in-law.

The woman, who said that she was the
mother of DeBerardinis’ two children,
said that-after running into him on the
street in March of 1980, he had asked to
talk to her. They went to a laundromat
where Anthony told her that he had killed
Georgia by looping an electrical cord
around her neck. Georgia, he said, put
up such a fierce struggle that both of

them had ended up in the rear seat. After
determining that the woman was dead,
he had put her back in the front seat with
the cord still looped around her throat.

According to her testimony, she met
her former husband on numerous occa-
sions that spring in a number of taverns.
Each time the matter came up, she said,
he described the killing in the same way.

Anthony, her story continued, told her
that he .‘‘hated’’ Georgia and killed her
because ‘‘she was divorcing (his brother)
and was going to get the house and kick
out (a relative of the defendant who lived
there) and have Tony’s other ex-wife
move in.”’

Under questioning by Assistant Dis-
trict Attorney Dwyer, the woman went
on to identify an anonymous letter signed
‘*The One and Only”’ as one she had sent
to the Schenectady police in April of
1980 to recount her former spouse’s re-
marks about the death of Georgia De-
Berardinis. She had signed the message
as she had, she explained, because, ‘‘I
figured I was the only one that knew
about it.’’

A 33-year-old Schenectady woman
testified that after making the de-

fendant’s acquaintance in April
she had dated him and also ¢
him to visit her at home. At the
she recalled, DeBerardinis—wl
drinking— appeared depressed a |
her that he once had robbed at
New York and that he also had pk
get rid of his sister-in-law and ha
her himself.

Frightened by what she heard, s
the court, she left the house and w
neighborhood tavern. There she re
what she had heard to a friend, €
DeBerardinis’ last boyfrienc
following day, she recalled, alor
Georgia’s boyfriend, she had tak
story to Albany police and told |
nant Prior of the statement Antho
made to her.

Also testifying on Wednesdz
Schenectady Police Officer W
LaChanski, who told the jury abc
thony DeBerardinis’ arrest at the
of an accident on November 10,
The defendant, he remembered
enraged after he was taken into c
and told arresting officers that
handcuffs weren’t removed, ‘‘I
you.”’

‘‘What are you going to
LaChanski had asked him. *‘S
me?’’

** “Yeah. I got away with it «
can get away with it again,’ ’’ he
the defendant as answering.

Albany Police Detective Alder
ion told the court that when
terrogated Anthony DeBerardin
some of his relatives on the day tl
tim’s body was found, ‘‘they didn’
very highly of her.’’ Since Octot
1978, they had said, they were
that Georgia had been dating a nun
men. An investigator they had hi
look into Georgia’s love life, the
said, had *‘come to the conclusic
she was a prostitute.’’

Late on Thursday afternoon,

14th, the case went to the jury. The

of six men and six women delib
four and a half: hours before cal
quits for the night and another ¢
nutes on Friday, March [Sth, |
finding Anthony DeBerardinis
of second-degree murder.

In a brief chat with newsmen,
tant District Attorney Dwyer said t
would ask for the maximum sente
25 years to life in prison whe
Berardinis came up for sentenci
Monday, April |, 1985.

“The saying that justice dela’
justice denied did not hold true,
prosecutor said.

Credit for a successful conclus

dren, had delighted in Marcelian’s sto-
ries of her childhood and Cajun farm life.
‘She would start a sentence in English
and get so excited’ she’d finish it in
French. And then she’d laugh,”’ one per-
son recalled of the victim.

They especially liked the story about
her courtship with her husband. **She
said she used to watch the clock and
make it her business to make her .bed
when he’d walk by on his way to the
fields just so she could wave at him.”’

Marcelian was only 15 when she mar-
ried Edias Richard, seven years her sen-
ior, and they settled down to a farm life.
In the 1920s, the Richards moved to La-
fayette where Edias worked as a deputy
for the dog pound and Marcelian worked
the presses of a commercial laundry.

The 1930s brought economic hard-
ship, and in the 1940s her husband died.
But this did not alter Marcelian’s un-
blinking faith in God.

At age 65, she moved in with a rela-

suspect. The witness told police details
of the murder that only the killer could
have known. Although Detective Dartez
had appealed to the public for informa-
tion, he hadn't revealed all of the details
about the murder case to the press.

The witness told detectives that the
killer had gained access to the apartment
by breaking Marcelian’s bathroom win-
dow. The witness went on to detail the
interior of Marcelian’s apartment. De-
tectives realized one of two possibilities
existed. Either the witness was telling
them the truth, and Willie Celestine real-
ly was the killer, or the witness was
somehow involved in the killing himself.

Detectives ran Celestine’s name
through the police computer.

**Except for a juvenile offense that
doesn’t amount to anything, the guy is
clean,’’ Detective Dartez told Lieutenant
Boutte. ‘‘No rap sheet. No fingerprints
on record to make a comparison.””

Because Celestine had never been in

those that had been lifted-from-the three-——

crime scenes. Celestine was their man.
The prints matched.

During a coversation with Detective
Dartez at the jail, Willie Celestine con-
fessed to the rapes and murder. The con-
fession lasted four minutes. It was brief.
In it he simply said that he’d gotten high
by drinking and taking speed. He said he
didn’t intend to hurt anybody; he just
caught himself in the act of doing a horri-
ble thing. It was an unpremeditated act,
he said.

But Detective Dartez believed other-
wise. If it was’ a spur of the moment
thing, why had Celestine struck three
times at the same apartment complex?
Each time, did he come down from some
high only to discover he was camfnitting
a terrible act, and the third time discover
it too late?

The notion was just too ludicrous to
believe. Detective Dartez and other in-
vestigators agreed that Celestine must

“I put my hand over her mouth...
and just caught myself
doing the wrong things.”

tive. At 72, she moved into the apart-
ment complex where she quickly made
friends and for nine years was a joy to the
community.

Dartez learned the life of Marcelian
Richard was one of unwavering courage
in the face of adversity. It was a life lived
to its fullest, but brought to a premature
end. The more Detective Dartez learned
about the woman, the more he was de-
termined to catch her killer.

Dartez went public with the informa-
tion he had up to that point in the case.
He contacted the media and also put
word out on the street that the same man
was responsible for the two rapes prior to
the murder, and that police wanted any
information that might pertain to the
case. As expected, the tips poured in and
the detectives had the time-consuming
task of eliminating suspects. But finally
their luck started to change when they
talked to a person who gave them the
name of a man who had talked about the
murders rather openly.

‘His name is Willie Celestine,’’ the
witness told detectives. ‘He told me he
had killed the old woman after raping
her.”’

Detectives questioned the man more
thoroughly and it became apparent that
Willie Celestine did look like a good

any serious trouble, detectives decided
to look more closely at the witness who
had given them the information. Either
the witness had committed the murder,
or was protecting somebody else who
had committed the crime. Either way, by
blaming Celestine it would throw up an
effective smokescreen, detectives rea-
soned.

But the witness had an equally impec-
cable record. Detectives determined that
the witness wasn’t connected in any way
with Marcelian’s murder and was not
trying to protect anybody else. Conse-
quently, the sleuths only could conlude
that Willie Celestine, although seeming-

ly an unlikely suspect, had to be their

man.

Detectives learned that Celestine
worked as a carpenter’s helper at a small
family-owned business in Lafayette.
Celestine would have been outdoors a
lot, and the job would have taken him to
different sections of the city, so the man
could easily have known about the senior
center apartment complex even though
he lived in a different section of the city.

After getting a lead on Celestine,
sleuths moved in on the man and placed
him under arrest without incident. Dur-
ing booking procedures, Celestine’s fin-
gerprints were taken and compared to

have planned all the attacks in advance.
He must have cased the apartment com-
plex to learn where. the single women
lived.

In order that Celestine’s rights not be
jeopardized, he was tried separately for
the rape and murder of Marcelian Rich-
ard. Mike Harson, an assistant district
attorney for Lafayette Parish, handled
the prosecution. -

During the trial, one woman fainted
and three others burst into tears when it
was révealed that the murder victim’s
face had been disfigured, seven of her
ribs broken, and her neck broken while
she was being raped and strangled by
Celestine.

The jury heard Celestine’s confession
in which he said, *‘I] had been smoking
and | had been drinking and I just caught
myself not going home. I just saw a light
and I stopped. I put-my hand over her
mouth...then we had séx. I was just full
of speed, you know, and drinking...and I
just caught myself doing the wrong
things.”’ a ~

Whether Celestine had given much
thought to the murder beforehand was of
little consequence. The jury deliberated
for only 35 minutes before it returned a
verdict of guilty to first-degree murder.
It was during the penalty phase of the

Aen ea nee ated te ote:

74 \W

Hated )-20-87

823 FEDERAL REPORTER, 2d SERIES CELESTINE v. BUTLER 15

Cite as 823 F.2d 74 (Sth Cir. 1987)

vested in the personal representative.
Wheeler v. Hartford Accident & Indemni-
ty Co.; 560 S.W.2d 816, 819 (Ky.1978).. As
noted above, whatever claim for wrongful
death that Tennimon or her minor children
possess must be based on Kentucky law.
Because Tennimon’s children had no claim
for wrongful death under the Kentucky
wrongful death statute, the Texas statute
suspending limitations during infancy does
not aid them.

-{6] Tennimon also contends that be-
cause she did not qualify as a personal
representative until September 23, 1985,
the statute of limitations was tolled under
Kentucky law in favor of her minor chil-
dren until she received letters of adminis-
tration. The Sixth Circuit recently had oc-
casion to review Kentucky jurisprudence
on this subject. That court summarized
Kentucky law as follows:

It has been a long-standing requirement
that the [wrongful death] action must be
filed by the legal personal representative

of the estate within one year. Louisville

& Nashville R.R. Co. v. Brantley’s Ad-
ministrator, 106 Ky. 849, 51 S.W. 585
(1899). Further, if no valid personal rep-
resentative is appointed within one year
of the date of death, any action for
wrongful death dies. Fentzka’s Adm’r

v. Warwick Construction Co., 162 Ky..

580, 172 S.W. 1060 (1915). However, if a
personal representative is appointed
within one year of the date of death, he
then is granted one year from the date of
his appointment to file suit. If no suit is
filed within that time, the action for
wrongful death dies. Brantley’s Ad-
ministrator, 106 Ky. at 854.

Drake v. B.F. Goodrich Co., 182 F.2d 638,
641-42 (6th Cir.1986). Our independent re-

7. Tennimon cites this court to the case of Louis-
ville & N.R. Co. v. Sanders, 86 Ky. 259, 5 S.W.
563 (1887), in support of her argument. Sand-
ers, however, is distinguishable from the case
sub judice because, as the court's opinion in
Sanders makes clear, at the time Sanders was
decided the right to bring a wrongful death
action was not vested exclusively in the personal
representative of the deceased, but was instead
vested in “the widow, heir, or personal represent-

ative.” See id. at 261, 5 S.W. at 563. As noted *

above, Tennimon’s sons have no cause of action
for wrongful death under Kentucky law. Fur-
thermore, the opinion in Sanders is, at best,

view of the cases relied upon by our sister
circuit and cited to us by the parties leads
us to conclude that Tennimon’s position is
unsupported by Kentucky law.? Tenni-
mon’s failure to qualify as the personal
representative of her husband’s estate did
not toll the running of the statute of limita-
tions under Kentucky law. Instead, the

result is that, under Kentucky law, the

statute of limitations barred Tennimon’s
wrongful death claim one year after the
death of her husband. Hence, we reject
Tennimon’s argument that the minority of
her sons operated to suspend the statute of
limitations under either Texas or Kentucky
law.

IV.

For the above reasons, the judgment of
the district court is AFFIRMED.

W
‘° 5 KEY NUMBER SYSTEM

Willie Lawrence CELESTINE,
Petitioner-Appellant,

Hilton BUTLER, Warden, Louisiana
State Penitentiary, Angola,
Louisiana, Respondent-Appellee.

No. 87-4536.

United States Court of Appeals,
Fifth Circuit.

July 18, 1987.

Inmate, under sentence of death filed
petition for writ of habeas corpus and stay

only indirectly supportative of Tennimon’s posi-
tion. In Sanders, the court held that limitations
ran against the minor children of the deceased
when the qualified personal representative
failed to sue within the statute of limitations.
Id. at 264, 5 S.W. at 565. Tennimon reasons
from this case that where there is no qualified
representative who can maintain the wrongful
death suit, limitations do not run against the
children of the deceased. This argument as-
sumes, of course, that the decedent’s children
have a cause of action for wrongful death under
Kentucky law. Such is not the case, however.
Hence, we reject this argument.

Right to appeal in forma pauperis
granted; certificate of probable cause to
appeal denied; stay of execution denied.

1. Habeas Corpus €113(6)

_ 2. Criminal Law €1208.1(5)

3. Habeas Corpus <7

4, Criminal Law 796 -

5. Habeas Corpus 7

Failure of habeas petitioner to raise
claim that jury was not instructed of its
option to return verdict of life imprison-
ment even if it found one or more aggra-
vating circumstances at earlier time
amounted to abuse of writ, given estab-
lished nature of law upon which claim was
based. Rules Governing. § 2254 Cases,
Rule 9(b), 28 U.S.C.A. foll. § 2254.

6. Criminal Law 796

Instructions given to jury made it clear
that jury was not compelled to assess death
penalty even though it found aggravating
circumstances.

7. Treaties <8

8. Criminal Law €1213.8(8)

Millard C. Farmer, Atlanta, Ga., for peti-
tioner-appellant.

L $b)

80 323 FEDERAL REPORTER, 2d SERIES

SEVENTH CLAIM

(8] Finally, the seventh claim renews 2
basic attack upon capital punishment as a
cruel and unusual punishment under the
Kighth Amendment and as read into the
Due Process of Law Clause of the Four-
teenth Amendment, but with the added
claim that it is cruel and unusual because
of racial bias. This claim is clearly dis-
posed of in McCleskey v. Kemp. It adds
nothing to the basic claim of constitutional

violation by racial discrimination by imple-

menting the death penalty. This claim
clearly was not supported in this case un-
der McCleskey because no showing of in-
tent to discriminate or discrimination was
made.

CONCLUSION

This case was brought to us only on
Friday, July 17. We have spared no effort
in reviewing the record, but, despite our
earlier familiarity with the case pursuant
to our established procedure, Local Rule 8
and Fifth Circuit Internal Operating Proce-
dure following that rule, we have been
unable to decide the matter until today,
Saturday, July 18. Under Louisiana law, @
stay of execution for any period, however
brief, would require scheduling yet another
execution date, at least thirty days in ad-
vance. In order to avert yet another re-
scheduling, yet in order to assure that the
petitioner would not be deprived of the
opportunity to present his case to the Su-
preme Court, the Clerk of this court has
communicated with the Clerk of the Su-
preme Court to alert that Court to the
possibility that we might deny a stay today
and to inquire whether the fact that a

petition for a stay might in that event be .

presented to the Supreme Court on Satur-

RIGHT TO APPEAL IN FORMA PAU-
PERIS GRANTED.

CERTIFICATE OF PROBABLE CAUSE
TO APPEAL DENIED.

STAY OF EXECUTION DENIED.

‘oO. E KEY NUMBER SYSTEM

4yms

UNITED STATES of America,
Plaintiff-Appellee,

Y.
John TRICE, Defendant-Appellant.

No. 86-1925.

United States Court of Appeals,
Fifth Circuit.

July 21, 1987.

76 823 FEDERAL REPORTER, 2d SERIES

J. Nathan Stansbury, Dist. Atty., Lafay-
ette, La., for respondent-appellee.

Appeal from the United States District
Court for the Western District of Louisi-
ana.

ON APPLICATION FOR A STAY OF EX-
ECUTION PENDING APPEAL. AND
FOR CERTIFICATE OF PROBABLE
CAUSE

Before RUBIN, WILLIAMS and

JOLLY, Circuit Judges:

PER CURIAM:

FACTS

Celestine filed his first petition for habe-
as corpus relief in November 1984, which
the state district court and Louisiana Su-
preme Court denied. He then sought relief
under 28 U.S.C. § 2254 in the United States
District Court,-and this also was denied in
November 1984. This Court issued a cer-
tificate of probable cause to appeal, but we
eventually denied his habeas corpus peti-
tion, and the United States Supreme Court
denied certiorari. See Celestine v. Black-
burn, 750 F.2d 353 (5th Cir.1984), cert.
denied, 472 U.S. 1022, 105 S.Ct. 3490, 87
L.Ed.2d 624 (1985). During these proceed-

ings Celestine was granted his first stay of
execution.

_ Court granted a stay of execution on Sep-
‘tember 15, 1986, that being the third stay

granted Celestine. On April 22, 1987, the
United States Supreme Court decided
McCleskey v. Kemp, — US. —, 107
S.Ct. 1756, 95 L.Ed.2d 262 (1987), which
upheld the death penalty against a chal-
lenge identical to Celestine’s because the
challenge lacked a specific showing of ra-
cial discrimination. After McCleskey, the
United States District Court dissolved its
stay on June 11, 1987, the state district
court thereafter on June 18 set Celestine’s
execution for July 20.

On July 13, 1987, twenty-five days after
the execution date had been set for the
fourth time, and only seven days before the
scheduled execution date, Celestine’s
present counsel filed Celestine’s fovxth pe-
tition for post-conviction relief and writ of
habeas corpus in the Louisiana district
court. The state district court and the
Louisiana Supreme Court denied relief on
July 13 and 14, respectively. Celestine
then filed the petition for writ of habeas
corpus and a stay of execution in the Unit-

CELESTINE y. BUTLER 17
Cite as 823 F.2d 74 (5th Cir. 1987)

ed States District Court. This is the peti-
tion denied on July 16, 1987.

O’Bryan v. McKaskle, 729 F.2d 991, 993
(5th Cir.1984); O’Bryan v. Estelle, 691
F.2d 706, 708 (5th Cir.1982), cert. denied,
465 U.S. 1018, 104 S.Ct. 1015, 79 L.Ed.2d
245 (1984); Ruiz v. Estelle, 666 F.2d 854,
856 (5th Cir.1982).

In a capital case “while the movant need
not always show a probability of success on
the merits, he must present a substantial
case on the merits when a serious legal
question is involved and show that the bal-
ance of the equities [i.e. the other three
factors] weighs heavily in the favor of
granting the stay.” O'Bryan v. McKaskle,
729 F.2d at 993 (quoting Ruiz v. Estelle,
666 F.2d at 856.).

{1] The standard for granting a certifi-
cate of probable cause under Fed.R.App.P.
22(b) is whether there has been a substan-
tial showing of a denial of a federal right,
Steward v. Beto, 454 F.2d 268, 279 n. 2 (5th
Cir.1971).

petitioner and denying the petition for ha-
beas corpus on the merits. In evaluating
petitioner’s claims.for substantiality, we ac-
cept the conclusions of the district court
given after thorough and scholarly consid-
eration of each claim on the merits. We
add only brief observations with respect to
appellant’s claims to establish justification
for denial of a certificate of probable cause
and a stay of execution.

THE CLAIMS

Petitioner’s seven claims which he as-
serts apply to his case are set out in detail
in the opinion of the district court. We
summarize them briefly:

1. Acclaim that a statutory aggravating

circumstance for the death penalty which
. merely repeats an element of the capital

offense violates the Constitution.

2. It is unconstitutional for the judge in
instructions to the jury to lead the jury
to believe that the ultimate responsibility
of imposing the death sentence does not
lie in the jury but lies elsewhere when
under the law the ultimate responsibility
actually does lie upon the sentencing
jury.

4, 5. 6. These three claims are based
upon the American Declaration of Rights
and Duties of Man and the Charter of
the Organization of American States.
Those documents are used to assert a
right in the petitioner to claim violation
by imposition of the death penalty in a
racially discriminatory manner, and two
claims based upon the violation of those
treaties by the use of a death-qualified
jury.

7. The seventh claim is that the death
penalty is a cruel and unusual punish-
ment when it is applied in a racially
discriminatory fashion.

78 823 FEDERAL REPORTER, 2d SERIES

FIRST CLAIM

[2] The first claim is based upon the
so-called Lowenfield issue because the Su-
preme Court recently granted certiorari in
Lowenfield v. Phelps, 817 F.2d 285 (5th
Cir.), cert. granted, — U.S. —, 107 S.Ct.
3227, 95 L.Ed.24 —— (1987).: In Lowen-
field this Court followed the well estab-
lished law of this Circuit that a statutory
aggravating circumstance justifying the
death penalty can be counted even though
the same aggravation is part of the basic
criminal provision establishing the capital
offense. In the case of petitioner the
factor is aggravated rape:

The jury found three aggravating factors
of which aggravated rape was only one.
Under Louisiana law any one of the three
factors was enough to justify the death
penalty. The jury was specifically instruct-
ed to this effect. It has been held specifi-
cally that when only one aggravating
factor is required and two or more are
found, holding one of the aggravating
factors invalid does not void the death pen-
alty. Zant v. Stevens, 462 U.S. 862, 875-
89, 108 S.Ct. 2733, 2747-49, 77 L.Ed.2d 235
(1983). [Judge Rubin and Judge Williams
continue to adhere to the dissenting opinion
authored by Judge Randall in Williams v.
Maggio, 679 F.2d 381 (5th -Cir.1982) (en
banc) but agree that this panel is bound by
that decision as the law of the circuit and
by the Supreme Court opinion in Zant.]
The Supreme Court, in affirming the death
sentence, said:

The jury did not merely return a general
verdict stating that it had found at least
One aggravating circumstance. The jury
expressly found aggravating circum-
stances that were valid and legally suffi-
cient to support the death penalty.

See also Moore v, Maggio, 740 F.2d 308,
321 (5th Cir.1984), cert. denied, 472 US.
1032, 105 S.Ct. 3514, 87 L.Ed.2d 643 (1985).

The law also, as established by our deci-
sions, is that an aggravating factor may
also be one of the elements in the state-
ment of the statutory capital offense.
Gray v. Lucas, 677 F.2d 1086, 1104-05 (5th
Cir.1982); Wingo »v. Blackburn, 783 F.2d
1046 (5th Cir.1986). Thus, we hold in any

event that the finding of aggravated rape
as an aggravating factor is valid. We con-
clude a stay on this ground must be denied.

SECOND CLAIM

[3] The second claim is based upon the
case of Caldwell v, Mississippi, 472 U.S.
320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1986).
In Caldwell the Supreme Court ruled it
violated the Constitution “to rest a death
sentence on a determination made by a
sentencer who has been led to believe that
the responsibility for determining the ap-
Propriateness of defendant’s death rests
elsewhere” when actually the final determi-
nation lies with the sentencer. 472 US. at
328, 105 S.Ct. at 2639. The short answer
to the claim by petitioner in this case is
that Caldwell was decided in June of 1285,
yet was not made the basis of a claim by
appellant either in his petition for habeas
corpus in September 1985, or in his petition
of September 9, 1986. Failure to raise this
issue at an earlier time constitutes abuse of
the writ, and the claim is barred. Rule
9(b), 28 U.S.C. foll. § 2254,

[4] Even if this claim were not barred
on this ground, we point out that, unlike
Caldwell, there was no contemporaneous
objection at the time of trial. Finally, since
this is a death case, we do not rest our
decision solely on these procedural barri-
ers, for, examined for its substance, the
claim lacks merit. The petitioner has sin-
gled out parts of the trial court instructions
and the form of the jury verdict to attempt
to establish that the jury was led to believe
that its death verdict was but a recommen-
dation. Read asa whole, however, the trial
court’s instructions lay any doubt to rest.
The trial court in its instructions, as set out
in detail in the district court’s opinion,
made clear to the jury that the jury was
the final authority in deciding upon a death
sentence or life imprisonment. In ..ddition
to the instructions quoted in the district
court opinion, the record shows that the
jury was told that it was the jury’s “re-
sponsibility” to decide between the death
sentence or life imprisonment. The jury
was instructed “to determine” which sen-
tence it would impose. Moreover, these

CELESTINE v. BUTLER ; 79
Cite as 823 F.2d 74 (5th Cir. 1987)

While it would have been preferable, cer-
tainly, for the judge in precise terms to
point out that the jury’s recommendation is
binding at the time the word recommenda-
tion under the statute comes to the atten-
tion of the jury in the verdict form, a
consideration of the entire record with re-
spect to the instructions given the jury in
this case makes it abundantly clear that the
jury was informed that it was itself
charged with the final authority to deter-
mine whether there would be a death sen-
tence or a sentence for life.

THIRD CLAIM

of earlier decisions before the date of final
petition for habeas corpus in this case had
made clear the requirement that the jury
be instructed about the option to require
life imprisonment. Spivey v. Zant, 661
F.2d 464, 470 (5th Cir.1981), cert. denied,
458 U.S. 1111, 102 S.Ct. 3495 (1982); Che-
nault v. Stynchcombe, 581 F.2d 444, 448
(5th Cir.1978).

In view of the established law this con-
tention by petitioner was also properly dis-
missed by the district court on the ground
of abuse of the writ for failing to raise the
issue at an earlier time in an earlier peti-
tion. Rule 9(b), 28 U.S.C. foll. § 2254.
Again, no contemporaneous objection was
made to this alleged improper jury instruc-
tion, and under the established rule the
claim must fail on this ground as well.
Engle v. Isaac, 456 U.S. 107, 102 S.Ct.
1558, 71 L.Ed.2d 783 (1982).

[6] Because this was a capital case,
again the district court went ahead and
considered the claim in detail on the merits,
and denied it. Our study of the record
confirms that conclusion. The jury was
told that if they found aggravating circum-
stances beyond a reasonable doubt: “You
may consider imposing the death sen-
tence.” The instruction went on to tell the
jury that if it found aggravating cireum-
stances it then had to also consider mitigat-
ing circumstances before it decided that a
death penalty should be imposed. These
instructions made it clear that the jury was
not compelled to assess a death penalty
even though it found aggravating circum-
stances.

FOURTH, FIFTH AND SIXTH CLAIMS

Spann —
Negro Churtes. 9-/O15I 7 Madsen Jariyhe
Leese mentined by MOP. 78/8? 3/4

diebbong Nanda 2 fir BK Yates, a Vick iben
rnd pre / J

‘

iis an voit

i
ue

soroaae

MUSTARD, BAKING POWDER & GROCERS’ SOMDRIFS,

of Goffes

Mansur

Roaster

Hil

4 | oa pe x 4
;
’

A
a
e
‘
JUL

—~- at + :

@ te = - = — ~- ’ .
= - , =

mecemary to count ali
sub-treasury to determiae

y me on Monday
talned at hdane illness, and

xe was disoove be was weil
of Mexion, Aufdemorte had
sm clerk of the subtreasury for
rs, succeeding his father, who
jon fora long term He was
nan of the highest integrity,
iy valuable ia bis position, as
t in the detection of counter.

toa number of social and be
izations, and was the treasurer
losees are reported in this di
overoment will probably be
as Mr. Herwig, the sub-trea-
wf means. His boad also is re
nt

Associated Press.)
is, Jane 5.—Johm H. Antfde
nteen years redemption clerk
betes treasury, in this city, bas
several thourand dollars of
® money. The exact amount
jon bas not yet been ascertain
is believed to be wmore
, 8. Herwig, the
will make the amoant
wig received « dispatch from

orkmen having signified «
arn to work in these

also reported at the amaiga-
ere that the seale had been
—— Tron and Steel com
d, Pa.

ilers’ meeting yesterday a
repared, asking Congress to
T on sheet fron.

rike Koéded

ve 5 —The strike on the Ken
lway ww virtually at an end,
ing agreed to accent the
ym, Delng satisfied the sta
it, -
—=_-
back Labor Party.
Juad 5.— The Greenback
im state convention to-day
tione indorsing the lndiane-
Pemanding expansion of th»
banks of issue be abolished
ytes be substituted for bank
that Congress issue legal ten
to the amount of 50 per
payments of bonds
and pubiie improvements;
both great parties in

”
reached the city, ha
his sister &. miles on
were wild with joy to
ge they supposed the
off.

within a few bundred
He dismounted and
em the weeds for
they bad passed, then he
rode on, :
Adéiticnal Particulars from Crook.

San Francisco, June 5 —The fcllo die-
patch bas been received today from as.
Aseut-edjutant- general of the department

Jizonea;:

General Crook telegra
Fort Ba

the following numer of
citizens have been killed:

Appointed Internal Revenue Collector — The
Peatofice Qacstion,
[Sreciat To Tas News.) :
PALESTing, June 5.—Mr, R. M, Henderson,
of Svlpbur Springs, has received the appoint-
mnt of internal revenue collector for the
Fourth district of Texas, This must be strik-
ing pews to Benator Webster

deys number for the United States, 197, and
for Canada, 26, making a total of 233, as com-
pared with 206 last week and $30 the week pre-

viovs. The failures in every section are com-
paratively light, my i in the South, where
the number noted is 67, which is far in excess
of the average.
Reported Fatlare.
Frapromp, Vt, June 5.—A report here

‘gaye that ex Governor Hale, of New Hamp

shire, bas failed for a large gmount, and that
all bie property in Vermont has been attached
for tuur tiases ite value,
: ean aa
Declared a Quarterly Dividend.

New Yor«, June 5.—Kiernan's News Agency
says: “The Missouri Pacific Railway com-
pany has declared a quarterly dividend of 14
per cent, payable July 1, 1885.

i
i
ft tS

aot

7:
fie

ipl

The Intersational Typographical Union.
New Yorn, June 5,-—The
Typographical

tnd T underetand’

til
A
eis

[
z
Hl

eFe Ht
sF HE g | :
eft fi

~— Se

indorsed by Irving Halt,
New Yorx, Jane 5—The Irv

CHAPMAN, Jack, black, hanged at Bellevue, la... on September 22, 1882,

EXPIATED HIS OFFENSE - Special Dispatch to the Globe-Democrat=- Shreveport,
Lae, Sept. 22, - Jack Chatman, colored was hanged for murder in Bellevue
today in the presence of abatt 600 people, mostly colored, He addressed
them, acknowledging his cuilt but blaming his wife as the cause. The drop
fell at vrecisely 12:)5 o'clock, and he was pronounced dead in twenty
minutes, his neck being broken,

"THE CRIME,

"The c rime for which Jack Chatman, colored, was hanged at Bellevue, Bossier
Parish, today, was the murder of John Williams, colored, on Sunday, October
2, 1881, on the Gilmer place, a few miles above here. Chatman was a hand
on wheat is called the Harkin place, where his wife left him and went on

ilmer's place tp pick cotton. He went on “saturday nicht to persuade her
to come back, when Williams interfered on behalf of the woman which
caused 9s row between them, and William would have killed Chatman on the
spot but for the interference of parties, Chatman after the row swore
he would kill Williams and told him so, Williams remained in his cabin
all night and early in the morning came out and while talking to another
negro about the occurrence, Chatman arose from the weeds a few yards dis-
fant, and shot him dead. ‘lhe murderer was arresed, jailed, tried and
convicted, the case being appealed to the Supreme Court of this State on
exceptions which were overruled and today fixed for his execution by Gov.
McEnery. He at one time made his escape and was recaptured, Bellevue is
nearly twenty miles east of Shreveport, with no rail or telegraphic
communications." GLOBE*DFMOCRAT, St. Louis, Missouri, 9-23-1882,

LOW Shite ~

Negro Charles 6/7/56

NO. Ft0. 6/7/56 /'§ mentions FHS Case.
Murdered fis overseer, fr, Moore.

Black Rape Flend Shipped.
New ot gins, » 8. May "17.-Yesterday Robert
Cheney, colored, was hanged in phar preerain ec
criminal outrage upon Amelia Voight. _ Since nate ot
attempt at escape be has been chained to the floor e
his coll, Friday morning he awoke at dawn, an
asked at seven o'clock for # glass of milk, te hire
not able to drink half of it. At half-past nine o’clock
he was informed his mother had called, but he de-
clined seeing her, esying, “ When she comes she al-
ways makcs me cry, and I don’t want anyone to cry
for me when I can’t cry for myself.” Some seventy
Persons now came in—men, womén and children—
and he told them that the night before he had seen
the Lord Jesus in his cell, who declared that he would
be with him on the brighter shore. ‘He was then al-
lowed to take leave of his fellow-prizoners, and he ex-
borted them to take warning by himself. At about
five minutes to eleven he was led out. of the prison,
accompanied by the colored Baptist. preacher, and fol-
lowed by several of his relatives.and friends.;
Precisely at eleven o’clock he mounted the scaffold.
Some two. thousand persons ; were present. “When
askedby~the sheriff if he bad anything to say, he
spoke as follows: :“ Well, my friends,
1 STAND BEFORE YOU LIKE A LOOKING-OLAKS,
Take me as an example and prepare to meét me in
Jordan. Men make laws, but God. is greater than
man, snd He has forgiven me forever and eternity.” |
These remarke ended, the sheriff pintoned his arms
and lege, but*he evinced not the slightest enjotion.
Ten minutes past eleven the black cap wis pulled
over his face, and in five minutes the trap fell. There
was, as is not unfrequently the case, a bungle in the
execution. The neck was not broken by the fall, but
the unfortunate prisoner was strangled to death, the
noone not befng properly adjusted. All this while the
body seemed to suffer fearful pain as would appear
from its terrible contortions. At twenty minutes
past eleven Cheney was pronounced dead and the
body given for burial. ‘ :
Robert Cheney was convicted in Juve last of having
criminally outraged the person of Amelia Voight, a
young Germag girl, in the outakirts of the town of
Plaquemine some two months previous to hin
trial. The culprit: was a mulatto, about. ecight-
een years of age, not by any means prepossesnsing inp
appearance, indeed had rather a sininter exprengion of
countenance, and. '
CAME OF BAD BLOOD.
One of his brethers is now’ in our state penitentiary

for life, having been likewise convicted of the ssme

| offense. Why a distinction was made in the case of
| the two brothers haa naturally been the subject of
considerable inquiry, and in fact has been made one

of the pointe on which @ mitigation of the sentence |

of Cheney has been urged.» The (Governor, buwever,.
who is known to be adverse to capital punishment,
has carefully examined all thé partivularv‘ef the vase
op which an appeal for mere could be allowed, and

refused to-change- the pufishment inflicted by thy

| court. The victim of the outrage is quite a’smal
| delicate, feeble little girl, thirteen years of age. Hi
| parents are German, poor and industrious, and hav
) Slwaye borne the reputation of good, honest peop)
The father is an upholsterer and repairer of furnitu
by trade. Early on the morning of June 7, 187
| Amelia was sent on an errand by her parents. On h
| way home, so the

then made against the girl's life if sho ever dared

reveal what had happened ¢o her, and immediat
afterward

. HEB ASRAILANT HURRIED AWAY.
Almost fainting, and so weak that she could scarce
stand, the poor little victim. dragged herself hon
crying bitterly. When asked what waa the matter «
declared that an attempt had. been made to viols
| her, but denied that her assailant had accomplish
his purpose. © When further questioned by her parent
an to the party who had assaulted her; sho-naid-a
did not know his nemo, but was certain she coul
recognize him if she could sce him again. Wher
Cheney -was brought before her she cried, trembled
violently and seemed to be perfectly overcome by
Crror, and then declared that he-was the tian. Ther
were no witnesses of the outrage, except the violato
and his poor, unfortunate little vict
persisted,

person.

contrary,
of the

teed the plea against
conviction: It was atated on the other side, however
that the firt account might have been giver throu.)
fear Or a sense of disgrace, and that it did not prove
that the second statement was

his services free of charge, and fought the whole n
ter with most-aingular-deterint

markable. i \

One circumstance, however, would xeein to show
that the prisoncr—who after hie conviction thought
proper to assume a pulled and defiant. attitude—wax
not aa crazy an he was Auppored to be occurred oun
Wednesday lsat. On that day, about nine o'clock in
the evening, the jailer who has charge of him went
into the iron cage to clean the-cell.. Cheney Wane
called out and ordered to assist in the cleaning. On
the morning referred to, the jailer, who usually joex
to euch work fully armed, on this occasion had onlyfh
‘his revolver ‘on him, The cleaning being finished
Cheney was ordered back tohiscell. Quick apthough :

| he made a dash at the jailer and struck him a terriblde

blow on his head. Although’ stunned for a moment
jn he encounter, theje4'pe. drew hia reyolver_ap
finally overpowered Cheney and succeeded in gettin
him back agein into the cage after a desperate
sistance, After this unsuccessful attempt to esca;
Cheney became apparently reconciled to his fate a
asked for somo spiritual advice and comfort, in ord
to be ready to meet hin doom. Subsequently t!

| prisoner acknowledged his crime and only pleaded f

iENEY, Robert

Hanged, Plaquemine, La,, May 16, 1879, for rape of white
girl,

See large card

NATIONAL POLICE GAZETTE, May 31, 1879(7-2)

Agfirmed but not reported: 38 LA REPORTS, 31 LA ANN.

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CHENEY, Robert

Cheney, a 17-year-old mulatto, had a brother serving a life sentence
; in the Louisiana State Prison for rape. arly on the morning of
June 5, 1878, he encountered 13-year-old Amelia Voight, the daughter
of a respectable German couple, as she was returning from an errand,
on the outskirts of Placuemines, He persuaded her to ra acompany him
into a cow pasture and there raped her, Before leaving, he told her
that he would return and kill her if She should ‘ever relate the inci-
dent. When she reached home, in mesponse to her parents questions as
to why she had been crying, she admitted that an attempt had been
made to assault her but did not admit that the attemt had been
successful until a medical examination confirmed it. ‘When Cheney was
arrested, she was able to identify him as her assailant and he was
tried, convicted and sentenced to die, His attorneys fought a hard
battle for him, seeking to disclaim the girl's testimony on the
grounds that she had first denied and then admitted that the rape
had been consummated, Their defense was one of insanity but he was
convicted and sentenced to die, The Governor, who was personally |

opposed to capital punishment, reflased to intervene and a few days be-

fore his scheduled ecution, Cheney attemted to overpower the jail
and escape. After bhis, he tas chained to the floor oF his eel os

til May 16, 1879, when he was hanged at Plaouemine before 2,000 wit

witnesses. His last words were the following: MMYXXEXHARX "Well, my
friends, I stand before you like a Looking glass, Takexme as an ex-=
ample and prepare to meet me in Jordan, Men make laws, but a
greater than man and he has forgiven me forever and eternity." The
neose was not adjusted properly and Cheney strangled to death over at:
twenty minute period,

--NATIONAL- POLICE-GAZETTE,-May-31, 1879 (7-2) ~~.

"EXECUTION OF ROBERT CHENEY. = New Orleans, May 16, = A special to_
the Times from Plaquemine, Iberville Parish, says: Robert Cheney,
colored, was hanged here today for ravishing Amelia Voight in June,
1878, The execution passéd off quietly." COURIER JOURNAL, Lovisville,
Kentucky, May 17, 1879 (1:2)/. -< :

lone )

~ sr sarees Fclme a arantaer mene =:
a ance te nen nlf RR NL TTT
a

. -. on >:

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| tudil Piet g Me Clif fea ord 7

Lor dt RAG Cs

ve /bilee-ce DP

682 The Louisiana Historical Quarterly

October 238.
Juan Pizeros vs.

Juan Waugh.
No. 3696. 3 pp.

Court of Governor Galvez.

No Assessor named.
No Escribano named.
To collect a debt.

Antonio Marmillion, testamentary
executor of Juan Pizeros’ estate,
through Francisco Broutin cura-
tor for the minor children states
that it will appear from the two
notes presented (not with the
records) that Juan Waugh owes
the Pizeros’s succession 635 pesos,
4 reales and as he also owes many

other debts in this colony he asks that an inventory be taken
of all his property and that he be paid the debt from the pro-

ceeds.

Galvez rules: let him take action against the heirs to

whom belongs the right to ask inventories.

Marmillion then asks that in obedience to the foregoing
decree to have Oliver Pollock declare, under oath, if he is not
testamentary executor and guardian of Juan Waugh’s estate and
if not who is? Also if Juan Campbell has not been named to
act with him in these two offices and who are the heirs? Galvez

orders Oliver Pollock’s declaration taken.

He says that it is

true that Juan Waugh has named him jointly, with Juan Camp-
bell and his wife, as testamentary executors and that his heirs

are his wife and a brother who is in London.

Marmillion signs

a receipt that Mr. Garic has returned to him his original notes.

This ends the record.

October 30.

Criminal prosecution of the

negroes Clement and Jacobo

belonging to Don Pedro
Cabaret, charged with
murder.

No. 3672. 94 pp.

Court of Governor Galvez.
Assessor, Cecilio Odoardo.
Escribano, J. B. Garic.

Clement confessed and after
trial is condemned to death
and he was executed in the
Plaza (now Jackson Square)
and his body put in a sack
and put into the river.

Jacobs was tortured by fire,
but did not confess. He was -
acquitted of the charge, but
found guilty of theft, and
condemned to receive 200 lashes
at the foot of the gallows,
and he received the punishment.

The first twenty pages of this
record are given over to the tak-
ing of testimony at the German
Coast to ascertain what has be-
come of Pierre and if murdered,
who killed him. These proceed-
ings are held in the Court of
Francisco Seimars de Bellile, who
is the Commander and Judge
there, with Charles Laveau Tru-
deau, (Louis Augustin) Meullion
and Pierre Trepagnier as_ wit-
nesses, assisting in the examina-
tion of all who might have any
knowledge of the affair.

Seimars de ‘Bellile begins the
summary investigation by saying,
that he has been informed that a
negro, Pierre, belonging to Mr.
Cabaret and his overseer, re-
turned from the city in a convey-
ance, “voiture” (later called a

pirogue) Monday the twenty seventh of the present month with

a negro called Guiaca owned by the same master.

When the

is c (ce morte |

st ae Pe Shee
WG OF

THE LOUISIANA
HISTORICAL QUARTERLY

12, No. 4 October, 1929

ESR.
ns aes AX,

°
7
Pe eeeeegneseere™

Entered as Second Class mail matter June 6, 1937 7, at the post office at New Orleans, La.,
under Act of ‘August 24, 1912.
» Subscription $2.00 per annum, payable in advance.

Address Louisiana Historical Quarterly,
Cabildo, New Orleans, La.

Kamires-Jones Printing Company
Baton Rouge, La,

1930

326 La.

substantial rights of the accused, or consti-
tutes a substantial violation of a constitu-
tional statutory right.” (Italics ours.)

Since the report of the lunacy commis-

sion supported appellant’s defense, he had
the legal right to have the jury hear the
testimony of the doctors and their detailed
explanations of the reasons for their opin-
ions that he was insane at the time of the
commission of the offense. This was a sub-
stantial right and, if the jury had not had
the benefit of the doctors’ testimony, a new
trial would unquestionably have to be grant-
ed. But the jury did have the benefit of
the experts’ findings and their testimony,
despite the judge’s failure to follow the
procedural directions of R.S. 15:268. In
view of this, it is difficult to perceive that
appellant suffered injury or that his sub-
stantial rights were prejudiced by the erro-
neous ruling. ,

Nevertheless, counsel earnestly contend
that substantial prejudice has ensued by
reason of the ruling as they were “forced” 4
to place the doctors on the stand as appel-
lant’s witnesses and that this deprived him
of the additional weight which the jury
would have necessarily attached to the tes-
timony of the experts had they been proper-
ly called and examined by the judge in con-
formity with the statute.

We do not think it follows that ‘prejudice
resulted because the experts were presented
as appellant’s witnesses rather than as those

of the Court. The fact is that they were
fully examined by the State and the defense
and that they testified at length in favor of
appellant (save in one instance hereinafter
noted). Since the jury was aware that the
experts were appointed by and had made
their examinations under orders of the
Court, it is inconceivable to .us that it made
any material difference to it whether they
were called and examined by the judge or
by appellant. The important thing was that
the jury had full opportunity of determin-

4. Actually, defense counsel elected to place
the doctors on the stand after the re-
port of the lunacy commission, favorable

’ testimony. :

87 SOUTHERN REPORTER, 2d SERIES

ing the issue of insanity after hearing and
considering the expert as well as the lay

Nor do we think that it mattered that the
Coroner, Dr. Paul B. Landry, gave testi-
mony repudiating to some extent the writ-
ten report submitted by the commission
(which he signed) and expressed a view
partially contrary to that of the two other
members of the commission, who were psy-
chiatrists. Defense counsel were apprised
of Dr, Landry’s views at the time they put
him on the stand for, as pointed out in our
original opinion, he had previously testified
at the time of the present sanity hearing
that he had signed the report in deference
to the recommendation of the other two
members of the commission, who were ex-
perts in psychiatry, although he disagreed
with their conclusion that appellant, know-
ing the difference between right and wrong,
could not choose between the two. At any
rate, it is certain that Dr. Landry would
have testified exactly as he did, whether he
had been called and examined by the judge
or by appellant. bs

sit

We have also given consideration as to
whether the ruling of the judge may have
possibly injured appellant by depriving him
of his right to cross-examine the experts.
But, after a perusal of the record, we are
convinced that this right was not impaired
in the least. Two of the doctors testified
favorably to appellant, despite a searching
cross-examination by the district attorney.
Hence, there was no reason for defense
counsel to cross-examine them. And coun-’
sel were not curtailed in any manner in
their examination of the Coroner, Dr, Lan-
dry, the record showing that he was rigor-
ously cross-examined by them as a hostile
witness, even though the defense had not
been taken by surprise.

For the foregoing reasons, our original
decree is reinstated as the final judgment of
this Court. -

to appellant, had been introduced in evi-
dence. ’
Berit

‘aera ep te se 205s genet pty eo pe ected

924. Laz

the first place, the judge did not compel,
counsel to call and examine these experts..
Instead he ordered counsel, who had had
the experts subpoenaed, to examine them
but only to the extent that counsel deemed
it “advisable and necessary to protect the,
interests of the accused.” In the next
place, counsel err in contending the report
was prima facie evidence of the insanity of,
the accused at the time of the commission
of the offense. As heretofore pointed out,
these experts only inquired into and re-
ported on the present insanity of the ac-
cused, an aspect of the case that was not
before the jury since it could only be deter-
mined by the trial judge. Finally, counsel
overlook the fact that having urged insanity
at the time of the commission of the offense
as a defense, they must bear the burden of
establishing this fact by a preponderance
of the evidence for the benefit of the jury
inasmuch as the law presumes that a person’!
is sane. State v. Scott, 49 La.Ann. 253, 21
So.2d 271, 36 L.R.A. 721; State v. Surren-
cy, 148 La. 983, 88 So. 240; State v.
Seminary, 165 La. 67, 115 So. 370; State

vy. Toon, 172 La. 631, 135 So. 7; and State!
vy. Patterson, 176 La. 440, 146 So. 17. i

)

[12,13] In his per curiams to these bills:

the judge correctly states that once Dr.
Landry was called as a witness on behal
of the accused, he had a right to explain his
action in signing the lunacy commission
report, and that his credibility and the
weight to be given this testimony was a
matter for the determination of the jury,
as all other facts. He points out, addition-
ally, that inasmuch as this testimony .was

ing before him to. determine the present
insanity of the accused, counsel could not
have been taken by surprise and were not,
therefore, entitled to a continuance., Clear-

ly, therefore, there is no merit to any of

these three bills.

[14] ‘Bill of Exceptions No. 9, ‘reserved’

87 SOUTHERN REPORTER, 2d SERIES

mission of the offense, is without merit. also,
As pointed out in our recent decision in
State v. Swails, 226 La. 441, 76 So.2d 523,
528, “It is well settled in this State, and by
the overwhelming. jurisprudence of this
country, that a non-expert witness, basing
his testimony on facts and. circumstances
known to him, may be permitted to give
opinion testimony touching upon the sanity
or insanity of a person whose mental condi-
tion is at issue, provided the witnesses be
shown to have had ample opportunity to
observe the speech, manner, habits and con-
duct of such person.” See, also, the author-
ities therein cited. The trial judge points
out that the proper foundation was laid in
the instance of all of the lay witnesses
called to the stand to testify, and the note
of evidence attached to this bill amply sus-
tains this conclusion. rode ts

The final bill was reserved ‘when ‘motion
for a new trial, based on the errors just dis-
posed of, was denied, and, therefore, pre-
sents nothing for our review.

For the reasons:assigned, the convictioa

and sentence are affirmed. ,,,
ait g v.On Rehearingsi-l, fo cut:
stil sit

_McCALEB, Justice...

noo doves ehtl
Bill'of Exceptions No. 64: was taken to
the judge’s refusal to comply with the pro-
visions of R.S. 15:268, which requires him
to summon the physicians composing the
lunacy commission to testify and examine
them at the trial whenever the existence of
insanity on the part of an accused at the

substantially in accordance with the same: time of the commission of the offense has

doctor’s testimony at the time of the hear-.

become an issue and a‘commission has beea
appointed to examine him.

Following’his indictment -for’ ‘murder, ap-
pellant applied for the appointment of a
commission to inquite into his present men-
tal condition. ‘This request ‘was ‘granted

' and, on September 17, 1954, an order issued

“es . . . in 7s
appointing a commission to investigate not

to the action of the trial judge in permitting only his sanity at that time but also to re
lay witnesses to testify on the issue of the’ port on his mental condition at the time of
sanity of the accused at the time of the com- the commission of the offense. In the lat-

1. ‘The rehearing hérein 1s limited to a reexamination of this bill.”

ter respect,’ the order was broader: than
appellant’s application and, since it had been
misplaced in the voluminous record pre-:
yated on this appeal,? we naturally con-
duded that it conformed to appellant’s re-
quest. Hence, our previous holding that
Bill No. 6 was. without merit, because the,
jynacy commission was appointed only to
inquire into appellant’s present sanity, was
founded on that assumption. The true facts
being directed to our attention by appellant
in his application for a rehearing, we
agreed to reconsider the bill.

The district attorney contends initially
eo this rehearing that the order of the
judge of September 17, 1954 was improvi-
dent and is a nullity, insofar as it directed
the experts to investigate appellant’s mental
condition at the time of the commission of
the crime, for the reason that his sanity
had not become an issue in the cause at
that time.

{15, 16] Since appellant did not plead
insanity at the time of the commission of
the offense in his application for the ap-
pointment of the lunacy commission, it was
not an issue in the case at that time. There-
fore, although the judge was well within his
nghts in appointing a lunacy commission,
he exceeded his authority in directing its
members to report on appellant’s mental
condition at the time of the commission of
the offense as R.S. 15:2683 requires that
the existence of insanity at that time be
a issue when the appointment of a luna-
cy commission is requested. State v. Eisen-
hardt, 185 La. 308, 169 So. 417 and State v.
Gunter, 208 La. 694, 23 So.2d 305. How-
ever, as the State did not object to the

2 The index shows that the order appoint-
ing a lunacy commission is to be found’
on page 18 of the record.. However, the : :/
designated order, dated September 17,
1934, is one directing the Sheriff to trans-
fer appellant to the East Louisiana State.
Hospital at Jackson so that the lunacy
commission might examine him with re-!
spect to his present mental condition. It
also refers to another order, issued on’
the same day, appointing the lunacy com-
mission but the latter is not contained
in the portion of the record designated
by the index. It is actually located at

og i? Lo STATE vi GHINNTL Ues T La, 325°
: Cite as 87 So.2d 315

judge’s order or the ‘commission’s::report

conformable therewith, either:.at the sanity)

hearing or at the trial, it would seem that it
has waived its right to contest it at this late
date and, since insanity at the time of the

commission of the offense was subsequently

pleaded and became the main defense at the
trial, it effected a cure of any irregularity

theretofore existing in the order. Obvious-”

ly, it would have been a vain and useless
gesture for the judge to reappoint the com-

mission and order it to make another report

after insanity was pleaded as the defense.

[17] R.S. 15:268 expressly provides that
“The physicians appointed by the court |
shall be summoned to testify at the trial
and shall be examined, by the court and
may be examined by counsel for the state
and the defendant.” Hence, the judge
erred in refusing to comply with appellant’s
request that he examine the experts ap-
pointed under the order of September 17,
1954. State v. Sauls, 226 La. 694, 77 So.
2d 8.

Forasmuch as error was committed, it
remains only to ascertain whether appellant
was prejudiced or sustained injury as a re-
sult thereof. Article 557 of the Code of
Criminal Procedure, R.S. 15:557, provides,
in substance, that no judgment of convic-
tion shall be set aside in any criminal case
because of misdirection of the jury or the
improper admission or. rejection of evi-
dence “* * * or as to error of any mat-
ter of pleading or procedure * * *” un-
less it appears to the court, after an exami-
nation of the entire record, that the asserted
error has probably resulted in a miscarriage
of justice, “* * * is prejudicial to the.

page 79 ‘of the transcript, being attached
‘.to certain testimony which forms part of
~ Bill of Exceptions No. 6. :

3. It reads: “Whenever, on a prosecutién -
by indictment or information, the ex-'”*
istence of insanity or mental defect on. /\-

-' the part of the defendant at the time of ..!;
the alleged commission of the offense
charged becomes: an issue in the cause,
the court may appoint one or more disin-,
terested physicians not exceeding three
to examine the defendant * * *”, :

*¥7 JO TOOHDS

Sa SATE

—
¢
~~

Metadata

Containers:: Box 18 (2-Documentation of Executions), Folder 3
Resource Type:: Document
Description:: Owen Cauche executed on 1938-01-15 in Louisiana (LA) Anthony Dallao executed on 1938-01-15 in Louisiana (LA) Joseph Ugarte executed on 1938-01-15 in Louisiana (LA)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 30, 2019

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