The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-10-20
NEW ORLEAN MS:
FRIDAY MORNING, OCTOBER 90 1913.


CoNPoUYpIyG FELoNY-Our attention has been
called to case lately disposed of in Recorder Bald
wins Court, the proceedings in which demand pub
lie condemnation, and, if we mistake not, punish
ment of more positive character. It'll we think,
as clear case Of compromising Of felony as can
well be made. As man entrusted by our citizens
with highly responsible Posiion-we refer to the
Recordership Of the Second Municipality-is
party 10 the transaction, we have taken pains TO
Inform ourselves fully Of all the facts.
A charge Of murderous and UioLent assault and
battery riH intent 10 kll, was made before Acting
Recorder Goidiug, on the I'd inst, in the following
affidavit:
STATE OF LOUISIANA rs. JAMES GALLAGHER.
State Of Lolsiona taicigaiitV No. Tire, CtEof Men
Acting Recorder Of Municipality No Two OF the City Of
Acting Justice Of he f ba d n 9o
depose and say That last night between The hours OF and
Triton Walk within the limits of Municipality No Two
occupied by one Mrs. Ellen Clark two persons, the one
named james Gallagher and ne other depOnent believes to
be named Harry Pearson, bit not certain. but whom he
son muueIoqs ana violent assault and battery that depo
struck by said Gallagher with colt the side Of
ing deponcnt and INJECTING violent blows until they knocked
him down. that when down deponent was violently kicked
der deponcq whereupop said Joseph LeBold Pnys that
said James Gallagher - be arrested and dealt with &C
Sworn 10 and subscribed before this second day OF De-
Actg. Recorder of Municipality No. Two.
Gallagher, one Of the accused, is an under officer
in the Work-EIouse, and Pearson, or Parsons, as
his is differently written in the papers con-
nected with the case, we have been informed, was
Sometime ago also officer Of the WOrk-House.
LeBlOud is an engineer Of one OF the river boats.
Both tire accused were arrested IN very short time
after the affidavit was made. They gave bail, or
ii was called BAIL of $500 each, but the bonds
informal, aud were not signed by the acting Re-
Corder.- It could not certainly have been objected
that oppressive bail was required. A bond Of $500
on a charge of MHrCierOtS assault and battery lClh
intent 10 KIN, was reasOnable-veFy reasonable !!
We will add, for further information that one Of
the security was j. Worrall, another Work-HOuse
officer.
The case was fixed for examination on the 10th
instant. On that day il was alleged that Parsons,
or Pearsons was sick, and the case was postponed
10 the 10Th. Monday last man who carries a
colt is by good citizens looked upon as possessed Of
none other than brute instincts, and a murderous
assault and battery, committed with an intention to
murder, not being considered very light offence
by the public, there was some anxiety to know the
result Of the examination. But the examination
was never had. and never will be had and no one
beyond the purlieus Of Recorder Baldwins Court,
would perhaps have ever heard of the case again,
had it not been that reporter ofone of the city pa
pers CHANGED to meet the affidavit day Or two
since in the Court, among some other papers. We
presume he was a little surprised to find on it the
following endorsement:
" Dismissed at my request. - - - .
.4pprOUca. JOSHUA BALDWIN Recorder"
Now, let us see what importance the law attaches
to such crime as is charged in the affidavit Look
in Moreau's Digest, at the Act of 1905, p. 1853,
2Sth Sec; the following will be found:
Whoever shall assault another by wlfuly shooting at
on conviction thereof be imprisoned al hard labor not ex.
rty Tor good behavior for one year.
Recorder Baldwin did not think it even necessa-
~ to require security for good behavior Let us see
what his duty was. We again copy from the Di-
gest; Act Of 1872 p. 400, Sec. IA:
When any person brought before any Justice of the
Peace, charged with having committed offence against
The laws Of s state, it shall be the duty of said Ju Ce 10
in ba of HE state and also shall take the recognzance
Or bond Of al such witnesses n such sums as may TO such
such witnesses before court having jurisdiction OF the
offence, there to give evidence in the case and depart
zge OF bond snail be forthwith returned to the clerk office
Oi the coui. having jurisdiction OF the case,
This is the duty Of the Recorder, and he had nc
power TO 60 beyond it, And is public Justice, in SO
grave case as this. TO depend upon the will of a
prosecutor, acile or corrupt Is the Recorders con-
duct in this matter pure and above reproach, unin-
hueuCed by any esprit dU corps or electloneerlng
feeling, and wholly guided and marked by love
of Justice, freedom from all partialty and corruption
and strict rega;d to the laws furnishing crime anC
felony Does the being an officer OF the Munich
paty confer prerOgative TO knock citizen on the
head with impunily, with the brute assassins wea
pO1--the colt, without even public question, if a
prosecutor, after having preferred a complaint, car
be bought offor begged off? These are high matters
which concern the peace and good order Of society
which touch in the incest point the liberty of the ci
zen, police officer is a citizen, and like every cit
zen, should be protected in the right but like every
other citizen, he should be punished when in the
wrong, according to law and Justice. He is the
servant Of the law-not the master of the people
20 whom no wrong can be imputed.
In these remarks we wish TO express no opinion
to the guilt or innocence ofthe parties accused
by LeBlOnd. Our object is to expose a gross usur
patton Of power by public officer. Where the
lives Of citizens are endangered, justice will no
brook q star chamber disposition of cases There
must be public examinations, and cases must moi
be dismissed upon the assumed power ola Recorder
There is no light in which the case can be looked
at that admits Of palliatou. fLeBiOnd swore truly
be ahoud have been made to prosecute if h
swore falsely, he should have been prosecuted TO
perjury. The public do not know which he ba
done, but with the appreciation of Recorder Bald
win, we know that he has compounded felony, AM
whoever does this, the law declares " shall suffe
fine or Imprisonment, or both at the discretion 0
the Court"
FIRST MUNTCPALITY.-TH Bigamy Case