New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-18
His Honor then addressed the Jury as fol.

His Honor then addressed the jury as fol-
lows:
Gentlemen Although have directed that the petit
ton which you have presented should be handed to the
Court that the Court and counsel alone should It,
yet the tenor of it, doubt, will be known to others
also. a,
feelings which are shown by the petition which is
sented The Court, however can only act upon legal
grounds in whatever it does. When you were empan-
neled upon the jury you were In the course of the ex
animation shown that it would be improper for you to
rey in apy upon any evidence of any fact pos
sessed by yourselves derived from any waso
ever except such communicated toyou through
the witnesses upon the stand and you had known OF
any transaction that had occurred between these two
parties known it to have had the most confident
assurance of it. you would not have been justified in
giving your verdict according to that knowledge because
Won ought only decide according to the evidence that
may be brought in legal way before you
Now as to the difficulty that is here presented have
annoved by statement that kind neither your honor
nor that Of the Court that of any other preson is
sented in the Court itself If the fact had been known to
any other persons and they had chosen to communicate
that fact they knew the way in which it ought to be
brought into Court 1t has not been DONE and can
not consider fact existing In addition to that there
are difficulties even If the tact were admitted It may
doubtful whether the Court had power to discharge
the Jury the time to try the accused again. and
If the Court has that 1t must be upon the ground
that the judgment verdict that would be rendered
would be nuty and if it should turn that it has
that power the judgment rendered should happen
to be either wayif that Judgment should be nullity
circumstances must decline interfering in the matter
and leave you to act your own way.
Mr. O'Conor. If your Honor peases, it has been tine
effort Of counsel the defence since the
of this case its trial in the common and ordina
ray way by strict and proper Of the rules Of
law TO that they have been welded. and have
made their best efforts from the outset to conform and to
secure conformity AL these deviations from the regu
lar and formal administration Of justice upon allegations
duly received and proofs regularly as your
has remarked in the opinion recently given cacn-
lated obstruct tho regular administration Of Justice
L l.jf.,f hixy
sir we have not altogether successful and In SO
ing do not to impnte blame to any one for am
that the motives Of MI are perfectly yast
eessu keeping precisely within the regular track pre-
scrbed by our criminal Jurisprudence but they have had
sunry things highly Irregular and not at all
to ancient or even modern practice with all its iberay
thrust into this case Dr. Graham in reference to all
This has some rights and those rights he will with the
nermission of the Court make such of as no liberal
and honorable mind censure. SHALL of course be
Obliged sir the few words which desire to address e
your Honor say something which s mot proved and
cannot be- but 1t shall relate merely to that other mattei
which has the subject of remark and in respect
which we equally without proof When proceeded
o examine Jurors in this case your Honor is thai
we surprised at the course OF objection resorted
on the part of the public prosecutor We never pre-
tended that it was not comformahe to law. He exer
eised right which the statute gives him, but righ
which within the knowledge of all the experienced eoun
sellors Of the bar with whom have any acquaintanc
has not until this time been exercised Still when per
son exercises the right given to him by the law 1t is no
the right any to gainsay him for 50 doing and
how willingly must bow to the discretion which ex
ercised itself in excluding from this Jury certain
who according my best Judgment ought to have bee
allowed to sit Had they been allowed to SIT imputa
tion would ever have rested upon Them ever being
apy way connected with Of these parties and the Jr
ror pointed out by the remarks which have been mad
, | would not have been called
As the case stands, however, Jury has been called
to the prosecutor desired by motion mad
on saturday to this trial discontinued the Jury d
missed and new Jury summoned that We might pr
= ceed anew with the whole Gaze To that we did not e
authorized at the time to give any nor did We e
ourselves called upon to act at all in this matter until Il
| present moment think we can act with more pr
priety and certainly with equal grace at TINS tme
what we shall do as to any previous period Now nothp