The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-10-31
NEW ORLEANS:
TUESDAY MORVING, OCTOBER 81.
The Circus Street Affair.


The annexed general affidavit, ia relation TO the
ARRAY on Circus street on Saturday night at the
house Of Christopher Lilly, was made by him yes
lerlay before Recorder Baldwin. It was drawn
up by Mr.. Joel q. Sewer, (where is the Attorney
General or the District Attorney , who represented
himself in court TO be the District Attorney for the
State, and was recognized as such by Recorder
Baldwin:
That Saturday the 28th October 1873 as he returned
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aed on the corner Of Peddo and Circus Streets in the Sc
Parish Of New Orleans, the Locofoco Cass and Butler
TOrChght Procession the act Of passing his house
barroom and while he taking of bis coat which was
very wet from the rain that ieL at he Barbecue MS Taa
f =4i 7rr7sou with ef bFaiHs teEehesz aaa thrust
where was hay and comBusbes and set his said house on
ne at different paris Of iae building me sad multitude
time while they IN the act OF firing his said house
burn up the damned Wing house land deponent says
that aid multitude Of persons from said procession did by
setting fire to bis said Coffee house as aforesaid burn down
and lodged ami was housekeeper, and that the bed
which deponent slept was set on fire by torchigh from
rushed deDonen said house ali Which SAID acts We're
dignity of this State wherefore depOuent pfays said perpe-
uatoB may be arrested and dealt with according to law
Subjoined is an affidavit made by Thomas Y.
James, police officer of the Second Municipality.
This affidavit was also drawn up by Mr.. Sevier
That on Saturday the 18th Of October IS4S at about
fifteen minutes before O'Clock P ne went to the
Of PeddO and Circus Streets while the OaO Cas- and
Chsto9bcr Lily KEN as the IesdGuaeTs OF the Union
Rough ard Ready Club and while there in the discharge of
be known BY the name Of William Cariey aIias William
hesy N me aGt Of beaAing dhs WINDOWS q fala Lilly
aiding agd assisting in destroying and demOhng said house
and furniture of The same upon which deponent arrested
said Cusy aiias Kelly and conveyed him the wachhouse
Of the Second Municipality Of the City OF New Orleans; all
were pepeated within the limits of the City and Parish Of
New Orleans and against the laws Of this State and against
the peace and dignity OF The same
The following affidavit of Theodore Freeman,
against James Bsardslee, is the last Of the state
ments made for the prosecution:
THAT last evening Sunday las at the corner of Perdido
and CHcn streets, within the limits of the City and Parish of
person now preen-James Beardsee-say to deponent and
he had thrown bnck-bats into the house."
On Mr.. Kelly being arraigned he pleaded not
guilty to the charges preferred against him. Mr.
Abel appeared as counsel for the prisoner, and de-
sired TO know when the examination would take
place, and what amount Of bail would be required
The Recorder, in substance, said he could not an
swer either question until he consulted the District
Attorney.
The charges against Mr.. Beardslee were then
read to him, and on being asked if he was guilty,
or not guilty, he replied mot guilty. neither
fire upon professions, nor fire houses He adj
ded that he had never used the language impu-
ted to him by Freeman. If that person thought
he heard him express himself in that way, he
o. had entirely misapprehended him. If the
Court considered the evidence sufficient to JUS
ti(y continued deprivation of his liberty, he re-
quesed that the case should be sent at once before
the First District Court, as, continued Mr.. B., l
wish to be tried by jury
About this time, Mr.. Sewer entered and suggest
ed to Mr. Beardslee TO withdraw his request to the
Court, and submit to a preliminary examination.
Mr.. Beardsee first refused, but after some further
conversation acceeded to the suggestion. Mr.
BeardsIee then asked how much bail would be re-
qured for his appearance. The Recorder appealed
70 Mr.. SEWER as District Attorney Mr.. Sewer
didn't know we should not, in respect to the
character Of the man, lose sight Of the dignity of
the law" As we understood Mr. Sewer, he did
not consider the offence charged bailabe. The
Recorder however, liberated Mr.. B. on the bail he
had already given. Mr.. Kelly was remanded to
prison.