The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-08-22
qrrrsesnt lspeh AND NOD lgs. llna qpIlfs.
N EW ORLEANS
THURsDAY MORNING. AUGgsT aa. 1850



REcoRpERs CoURT .--SEcoNp MUNICIPALITY.
Case 81 FIRST Ic.em. Petrie-When this case
ea'ne up ior Elimination yesterday morning, Mr..
Ssalehh'e .pened by moving that il be sent TO the
MAYOR Of The city, TO either Of the Recorders of
mr. First or Third Municipalities, because "your
Honor " (tle Court) :" has expressed yourself in
such terms, and shown such prejudice in the begin
ming of this tral as to form just ground Of recu-
saiioD." Mr.. Gaiennie then said Z" have pre-
pared two questions, which shall put to your
He nor without swearing " u. Inow read Them: -
It, Hsys ySS q have not expressed opinion in this
from scOSder y' hat from I pIs%nar
Ai,SLnsS 1 the District Attorney had come 70 the
Acting Recorder Hale here seemed much ex-
cited. He admitted that, from information he had
received that he believed he reliable, he
was satisfied that part of the affidavit was IN
true, hut that the Court no feelings that would
prevent its trying the rase fairly.
Col Field, for Mr.. Petrie, said that it would be
time enough for Mr.. Gaiennie TO offer such papers
when he bscame Recorder ags.in He considered
the Offering of such paper insult to the Court
Counselor Gaiennie .,oftended with much
warmth and ability thai. it was impossible for Re-
corder Hale to Try this case If he did, he should
say lt was an urIneard Of movement and some
people might think he did it the police Of
hcer from Ju'st punishment. He pointed to decis
ions wherRJ Recorders had Reused themselves on
the stre'.igh of having said far less than Recorder
Hale was known TO have said in this case
there pause and an anxiety here to know
what Recorder Hale would do. His resolution
doubt not, astonished nine-tenths of the Intelligent
persons in the hall. He said that such objections
this placed the Court in very delicate position
He had no bias either wayne relation at all with
the accused. He merely expressed himself in this
as in regard to many other affidavits. He pre-
ferred not TO part with the case
Assistant District Attorney Reese said that, if
the Court felt that il had the slightest bias towards
either OF the PARTIES it would be safer for both the
Acting Recorder and the cause of Justice TO hand
The case over TO some other committing magistrate.
The Recorder then ordered the witnesses to be
called. There was good deal of feeling in
Court, when the Judge, after it being known that
he had consulted with individuals not under oath,
and privately about the merits of this prosecution,
and thereupon assumed 10 himself what no Judge
IN this country ever can be permitted to do, viz:
10 place the conversational remarks of probably
inierested) friends above The sacred oath of a girl
Unknown TO him. which was recorded in The public
Court after, also, he had shown strong desire
70 sweep the complaint from the records as speedily
as possible, by settling in a familiar conversation
with the accused, after the poor, ignorant and
iriendless proseeutrix had left the Court, and
when neither the District Attorney, nor any attor.
ney for hers was present, 10 try case of this mon
strous importance within twenty-iour hours after
the affdavltwas written out all this being known,
we say, the idea of the sensitiveness that ought to
be peculiar characteristic of Judicial or magis-
terial functionary completely overthrown
when Acting Recorder Spared Hale, with his
course in this affair laid fresh before him by coun.
sci, determined to carry through the with the
blight of prejudice encumbering and embarrass.
ing it.
BGrbara Dmtnger, the girl who made the prose-
cutting affidavit, deposed that last Saturday night,
Lieut.. PetTie came 10 the house where she was
staying, Mr. James Anderson's, on Calliope street,
having coored woman with him belonging TO Mr.
Renne. Petrie asked the colored woman if that
was witness; Girl said yes. Petrie then took wit
ness out of the house and gave her 10 a Waterman,
and told Waterman 10 take her to the Watch house
On the corner Of Annunciaton and Robin Streets
5nd not 10 lock her up Till he came to the Watch
house. Shortly after her arrival there 1t. Petre
arrived, and shortly thereafter Mr.. Anderson came
into the Watch-hOuse and asked il they would take
fail 10 get the witness Out. Petrie answered that
bail could not be taken, and Mr.. A. went away.
The examination Of Barbara, from this point,
was conducted according to the most minute and
rigid rules ofquestion and cross-question. To every
second or thrdquestion, objections taken, and
these objections were sustained by long speeches
ron the counsel on both sides Thus was the girl
Submitted To an examination of between three and
Tour hours, during which she had to answer ques.
tiuns Of gross and revolving character, such as
Tie counsel for the accused, TO be sure, felt it their
duty TO ask, but such, twere more the pity thai
woman should be compelled to answer.
The amount Of the whole story told by the prose-
cutTiN-and, considering her age and the scani
means of Information she must have had-it Ger
tany was straight OHe--was that after Pelre had
arrested her late on Saturday night on warrant
Tor having stolen money, put her in the hands of q
Waterman with instructions not 10 lock her up till
he came, he shortly arrived al the Police Office
and asked witness If she would like TO go into a
eel that witness answered no, and thereupon he
told her to go into his room; that shortly afterwards
he, Petre, also went into the and, contrary Ia
her wisn and remembrance, violated her
Fer mother was examined next, aud confirmed
her daughters story in nearly all particulars. A
strong point that the counsel for the accused die
Vel DDauU hDt VxhIph thaty had haar
CHANGING at SO 10 keep il fresh in the mind O
The Court, ell day, was caught up, and brought GU
Al last, BY The able Assistant District Attorney
Reese. After a tedious display of eloouence anc
argument on both Oides, barbara, the prosecutrix
was recalled 10 the stand, and in answer to &
question by Col. Field, said that she had been ad
vlsed 10 prosecute Lieut.. Pietrie by men whom shs
did not know, and had never seen before anC
that she would not have prosecuted him had sh,
not been SO advised, simply because she did no
know how 10 proceed.
The establishment Of a kind of proof of the con
spiracy referred to, and the ability to prove tina
the girl, Barbara, had been prostitute, are evi
denty what the defence rests upon. We hav
ample notes of every question asked and answered
during Barbara's examination, but our friend
must excuse US putting them in print. Ii was bal
enough that Counsel deemed them necessary to b
asked M the Courtroom
The examination will be renewed this morning
at 10 O'Clock.
Counsel for the prosecution Assistant DistIic
Attofntys ubeese ana La u. Od1ennle, ESQ. lie
fence; J. ?. benjamin, Esq. and Col. Field.
The dock was filled yesterday morning wit
some Of the roughest-looking customers that hav
ever graced that Narrow place Of correction. Via
added to the striking view that they presented was
that all Of them wore their hair in the same 9TH
latesD fashion. There was not coat in tn
crowd, and there was not ashy face there tina
did not remind of the powor of bald-face
whisky.
Patrick Noonan was charged with cutting som
fellows throat and nearly severing the iugula
night before last. Patrick's answer was " haen
done it, sur" Recorder-well, sir, we'll COMM
You till we how the mans wounds result
Take him away.
-Four cases, to all appearance of the hardest sor
We're arralgned in a row Migrants YESTERDAY
On examination, it appeared that all of them weT
the oldest citizens and the most industrious workit
occasionally that the Recorder ever had had III
honor TO see before him. The Oldest one in Il
crowd was asked leelingy by the Court il he ha
any place to reside in. " Yes, SIR" said he %
have lived iG the same street in New Orleans f
thirteen years, and have worked ten wears
Leeds's Foundry" The next man was an old I'll
Usher in the Foundry business. All admitted tn,
they had taken little drop extra on Tuesea,
Go away"
Thomas Young and man named Rannie WEI
charged with disturbing the peace and kicking Il
a fuss generally. Young boldly denied the chsrg
and said: " We were just walking down Il
sidewalk, sir after taking our liquor