New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-02-26

Parker charged with killing Eliza Phillips decided by
the Supreme Court on Monday the 25d instant
| We give an abstract of the opinion:
SEPARATE OPINION OF JUDGE PRESTON
The accused prosecuted for the murder OF Eliza
Phillips and convicted of manslanghter The case
comes before the Court on bills exception to evidence
for and against the prisoner The finding of the coroner
Jury admissible to prove the facts as to the death OF
the deceased The facts in themselves are evidence OF
neither guilt innocence That part OF the inquest
which tends to trace the death to person Oh the
deed is not evidence because on the inquest the
has not had the Constitutional right OF meeting the Wit
face to face The deposition of witnesses before
the inquest should be given in evidence The inquest
in this contained the opinion that the accused fired
the pistol which caused the death OF the ana
that part should not have been read or given to the
jury but the judge cautioned the jury that that part
of the inquest should have influence on their minds
the Court does not feel authorized the Judgment
for such an inegularity.
In the progress the trial the Counsel of the accused
objected to the credibity of witness offered on the part
of the prosecution and took bill of exceptions to his
admission the ground that he was man of infamous
the admssbility of the witness His general character
for truth and veracity not mpeached His testimony
was admitted and defendant took bill of exceptions
The weight of authority is in favor of allowing wit
ness to be mpeached the ground of general bad cha
racter without limitation of the questions rs to the cha
ractnr for truth and veracy For reasons gwen am OF
opinion that the Court below should have admitted evi
ence that the witness was of infamous character
that he had VIGOROUSLY the character of acting falsely
etc and of being among low and abandoned women and
that from his vices and general bad character he was
| unworthy of credit and not to be believed on oath.
This up in another bill of exceptions The
accused offered prove his character and conduct and
|
peace etc, offered to show that he was of mild DISPOSE
ton an one of the last men who would willingly shed
blood that he kind and aectionate husband and
father honest and industrious of strict integrity and
| pure morals. The District Attorney objected to any
evidence being received as to the OF the
except that he bore good chacter for peace and quiet
ness The Court sustained the objections and restricted
the accused to these questions Do you know the cha
raeter of the accused for peace etc y Is it good Or
bad nd restricted the witnesses to categorical answers
The decision of the Court below is in conflict with
cited
1t the Just many good actions that they
should be of some avail to man in his utmost need and
therefore of opinion that the court justified by
authority and in coming the conclusion that the
evidence offered by should have been received
csons in favor of admitting particular facts in evidence
as of the witness for tesyng to the good char
aeter of the prisoner overruled and appears to me so
reasonable and humane that not think it nconsist
ent with the rules of evidence Upon the first bill of ex
eepons think the ruling of the District Judge too
row The prisoner should have been allowed to offer gem
e evidence to the general character of the witness
impeached Under the second bill of exceptions think
the prisoner had right to offer evidence to his general
character and that in doing he should be permitted to
show his character to such particular moral as
are pertinent to the charge for which he under trial
The judgment of the District Court reversed and the
cause remanded for new trial according to law
| FIFTH DISTRICT Contradictory, .Wc.Hurd0 &
Co vs. Lome Patts and others and Lo~e PottsOn VS.
w B. Pdrtee aud others-,ulge Buchanan yesterday
dered decision in this case with reasons for Judgment
Co against Lowe. Patison Co. for $4,000 for draft
drawn by Alexander Patison, of Decatur. Alabama
payment being refused the ground that the amount
Of proceeds was claimed in suit pending in the Fifth
Partee & Co. and Gray McMurdo & Co the petition
| having been filed the Goth October preceding
1t shown in the evidence that the 10th Of Sep
! TENDER last Gray McMurdo & Co. advanced $4,000 to
Particles agent receiving in pledge bills receivable which
were by agreement. to become the property of G. Mem
Co. unless the $4,000 were paid with one per cent IN
teres in the space of five to days and on the 18th
of September similar arrangement made for the sum
OF $4,000 in both instances the pledges were forfeited
| the money not being paid The particular bills pledged
On these two days have not been specified and is uncer
tain to which transaction the defendant in this be-
longs The Judge therefore decides that the draft is to
be regarded vested in W. B. Partee Co., at the time
when the draft matured. The draft sued upon
tngushed by compensation and should be delivered up
to Lowe 4 Pattson together with all the other oblga-
ons to Lowe l. Pattison deposited by Partee Co in
the hands of Gray McSIurdo Co on the 10th and
of September. to the amount of $4,000 Judgment was
rendered accordingly costs to be borne by Gray McMuro
Co. with the exception of those of the intervention and
pleas of W B. partee & Co and syndic, which to be
borne by Partee II Co.'S creditors
SECOND MuNICIPALlTy CoUNCM.-Ths body
last evening twelve members present and Recorder
| Caldwell i'll the chair
A communication read from the farmer of Poydras
Market complaining that Commissary of the market had
several stands to be taken down to OBJECT his
interests by reducing his resources which he stated to be
already below the amount of rents that he paying ia
the municipality, making him daily loser to consider
| able amount.
Some reports were presented from the Board School
Directors. among which a quarterly statement and
in reply resolution of the Council passed at the
last meeting respecting the book known as Wayand
The Board report that the of this work in the Com
Schools of this Municipality has been discontinued
Mr. Emerson presented resolution ordering the pay
ment OF bill for SS5 for gas furnished to the military
which was referred.
yeyor to lamps to be placed in the of the second
and fourth wards which amended motion of Mr.
Perry to have lamps put about the Florida Landing New
| Basin and in the neighborhood of st. Paul street
| motion was made to adjourn, which Mr. Etter re-
quested to have withdrawn allow him to ask the Chair
man Of the Finance Committee two three questions
lie referred he said, to communication sent into the
Council some two or three weeks ago by the Collectors OF
Faxes on Real Estate and Slaves and which had been
erred to the Finance Committee He wished to know il
had been considered by the Committee if any action
| had yet been taken on the subject
Mr. Brother replied that he remembered having got the
papers but understood to that he paid purti
| cular attention to them
Mr. Renshaw objected to bringing up the subject at this
| time.
Mn Etter said that his object was to have the facts o.
the brought forward and wished to have the state
uent of the Tax Collectors spread upon the minutes OF
the Council 1t had been charged that these gentlemen
were in the receipt ofHn saaryOf some five
six thousand dollars year at least while the fact was
that they We're not receiving fifteen hundred dollars pei
annuln though their Office probably the most respon
,ibe one in the city He thought that they should b.
heard, and that an opportunity should be afforded them
to lay the facts of their before the public For this
reason he wished their statement to be spread upon the
| minutes, and published.
l Mr.. Yancey said the petition before the Finance
Committee and would Of course, receive proper attend
ton He was opposed to having the statement published
on account of the room that it would take up in the
little paper If the Collectors wished it published let
them make copy and pay for its publication in the
\ papers.
\ Mr. Brother renewed the motion to adjourn which was
| carried and the Council adjourned to Wednesday even
ing next
\ SEVERE ASSArLT.--James Walker states that
+, Y sculy. from whom he rents in Hospital st,
1 between Burgundy and Rampant and. that Monday
evening last the said Scully assaulted him striking hin
in the face with hammer and committing other oura
on his person Walker declares also that George
struck him with pole and then held him while he was
beaten by scully warrant issued by Recorder &c
/ nos for the arrest of the accused.
. I'm, nr,,1 la4tn
1 Busch who writes her name thus, ", yesterday made
complaint against Henry Meyer for having appropria
ted to his especial four dollars and half which she
had intrusted to min to for her benefit in hiring three
horses upon which she and two friends desired to ride
yesterday before Recorder Genois demanding satisfaction
| ROBBERY The premises of Andre Adler WE'RE
entered on Tuesday night and robbed of $50 in none,
and bull dog. Mr. Adler believed that the money ant
dog concealed in house the Of St loui
and Where street and yesterday procured warrant TO
| the search of the premises
L STEALING PLANTS --NIr Prevail, who keeps
garden the of Roman and Bayou road state
that his fences have been broken night two occa
Son and between forty fifty valuable plants stolen
lie suspects certain individual of the robbery and war
| rrut ans been issued for his arrest.
DEATH--A colored woman in IL dying condi
ton last evening picked up in the river opposite tn
steamship landing at the foot of Jula street she wa
first of the steamers floating past and on
AZ, dor hnnt n