The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-11-22
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City IntellixcMce


recently been elected yesterday brought up the First
District Court Of the previous order OF Judge
| Larue. r. .c.rr
The interest taken in this case by the public was well
shown by the crowd gathered in the Courtroom every
being occupied and many spectators barely able to find stand
ing The crowd within the bar great
that without, and embraced majority Of the members OF the
legal profession in the city. . ..N .-.. ...
The opened by Christian Roselus. with lucid
of the facts connected with the election and
exposition Of the laws bearing them. He considered
plain require abored Argument in favor
CLIENT but he would show how baseess was the claim now
preferred the office which he had been legally elected
to which he had been elected by majority of the voters oil
the district and the legality whose was unaue
| tonabe in this process.
Mr. Roseus proceeded to show that the law of s47 upde,
which MIR. Marigny claimed right in the premises. no,
imperative. but merely declaiatory law 1t pointed out
the mode elections fixed with precision the duties of Off
GERS polls but the fact that these duties not well
faithfully discharged by the officers did vitate the
ecton He referred 10 numerous authorities support his
poson and cled and compared many decaratory provs
ions law, dwelling with emphasis upon those reg
ing marriages, mors cages. etc., whre vaton did not fol-
low non-conormty with certain legal rules and FORMS lie
commended that dsQua eatOn of clerks and commits.
would nvaste election, and that fraud alone
could do it. No fraud charged in this case and the
claim of the contestant is not good
John Claiborne for the contestant followed MIR. Roseus
and after ecaptulatng The grounds OF the contest de-
fnng them in few remarks, gave way John K. GIymes
made long and able speechin avor us we could
upon the purity of elections considering paramount to all
considerations tanning social relations aweyen
those of marriage, which Of the laws quotei by Mr.
Roseus referred. His definition of laws comforting author
ity and adm off eIs particularly on
those conducting elections, inter. sting. He divided
these laws three permory, declaratory and
Imperative, and read largely from The books 10 show
that those sometimes considered belonging
really belonged 10 another.
He showed very plainly that the verbs " shall - and
may inditierenty used in laws which really de.
carat0ry and that The word " may. must and ha
those in which he Interests and rights of the publ
are concerned. though in where individuals on are
concerned, may must be used in sense Among
this authorities quoted 4th Gilman "a 5h Gowan ly3
and 1874. and lst Peters Oh
Mr. Gymes rather extensively from tn. book of Con
Elections Congress- and cited The Duncan
Mel contesng he election OF Samuel f. Purviance
tpage 1Jl,) iom North Cafona in OF the districts
which state the Judges refused 10 take the oath. The
committee OF Congress which had this er ounsdera
the election aside, that ground alone, without
examining the her features. la the following year b
committee reported and the HOUSE CONQUERED The report
that Juha Cul epi emitted his though his
competitor declared be elected. lie also wen
into the history contested election Congress Viz
gnia h h. with the ohsrs he held 10 be measure
parallel TO The present
AT the conclusion OF Dir. Cry es remarks the Court
dered The be timed this morning 40 ocuek
Mr.. GANpoLFo.We omitted 20 yesterday tn II Dir
Galduiio admitted bal III tn of Two thousand
dollars.
earnestly Indeed may guy eigg, thai the side aks
many paris OF this city be wdened, that sumo of the
people may be forbidden walk The press nj width
of the sidewalks does afford for the stands
of and the time the sale pas
oil the people, and the other should be pToa,eG
without delay, unless the should sug
gest-wden bangueltea change in this regard is par
tculary required in Charities street, and think ten OF
twelve should be added the idth OF the banduette
opposite iuit stand Toulouse and about teen feel
opposite PRINT shop, further where those queer French
pictures in the window. We hope some friendly
Alderman OF the Flt Will In this matter at the next
meeting of he Council.
A. G. Powers Wa. FLoRANCE.-rhe jury in this
case, in the Fifth District Court which on Thus
day afternoon at three O'Clock, sent verd yesterday
morning O'Clock, Tor The defendant.
Perseverance will do wonders. MIR. Foranee has twice
had this decided against him. and each has obtained
new ual This, presume, is The last that we shall hear
of the
LARCENY Mr. J. Downing states t,at two coats and
stolen from him Thursday night, the board
ing house of r. Stewart, in Gaatn street between Hospital
and Barrack and that he yesterday found OF hs
coats Individual who runner for said boarding
house. warrant Issued by Recorder Genos for The
of The individual.
SxvxRE AssAuLr-Joseph Kerol yesterday made aft
dav before Recorder Genos stating that he had been as
slulted knocked down. and severely injured by Simon Ho
mnn, and another person, and produced certificate of
surgeon showing the nature and extent Of the wounds
csved, which three in number. Huffman, Simon
Alexandra he is called by arrested and pu,
under bonds TO answer the charge.
LAWYER WITH AN APReN.-D. B. Coutoula, keeper of
in Poydras street, yesterday charged James Dun
bar of his WATERS with disturbing the peace of his house
and insulting his An entertaining narrative OF
he transaction given by Mr. Couloua and an eoquen,
defence made by the accused who would make decided
y better lawyer than waiter in opinion SO able and
impressive his remarks, that Recorder Caldwell let him
Oft upon signing his own bonds.
CONCEALED WKAPoss.-Wm. Perkins and Wm Rogers
arrested Thursday night for assaulng watchman
and weapons, such pistols and bowie
found their They yesterday brought
before Re order Caldwell and fined twenty We dollars each
WASHINGTON REGIMKNT.-Fve companies of the Forty
third Regiment have Joined the single remaining company of
the old Washington, and the egmen has been
under this name. The officers w. W. w. Wood Col
Henry Forno, Lieut. Colonel, and A, soria Major
I. o. STARKK VS.. BURKE AND OTHKgs-A peio
was yes erday filed in this in the Filth District
Court, asking permission to appeal from the recsnt
OF the Cour Judge Buchanan granted the petition on the
usual conditions.
before Recorder Caldwell having against his name ,be
tremendous chsrge OF conspiracy, swndng and robbery
This charge preferred by Mr. Jonas Knopton of 40
Magazine street, who gave in substance the following par
tcuars oil The transaction:
Mr.. Knopton was passing the auction sto,e or No -
Gravier street, when he heard the auconeer CRYING off
goods which, entering the STORE proved to be runk
containing len coats This trunk and all its contents M,
knopton asserts offered for the moderate sum of A 20
and he bid them off at that price, He then handed the er
sovereign, in paymentfor his bargain and demanded b
change but the clerk not only refused give him the reop
site S'c, but said that Mr. knopon give m forty dol
ars more Ihs Mr. knopton refused do and demanded
mat his sovereign should be returned or the pnk and il
contents handsd TO his possession The ,nr,io i
would not give him either and he went to the police o
Tor redress Hence the appearance of Mr.. Black
Inc Recorder required that Mr. Black should give bond
e SUN OIL s0Oo ior his Appearance this morning answer