New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-12-20
A NEW DODGE AND NEW RUMoRs.

\ The case OF Bell vs. Hufty bids fair to be
everlasting, assuming the proposition that the
plaintiff, his friends, and the influences at their
command, are sufficiently powerful to protract
q judicial contest to all eternity, in defiance of
law, the verdict Of jury, and the clearly ex-
pressed wish Of majority of the actual people.
For our part, we moline to the opinion that their
power is not o-extensive with their disposition,
and that the unmistakable fiat Of the statute,
approved on the 18th Of March, 1856, as ex-
pressed through the decision of an honest and
intelligent jury, will yet, despite the machina-
tions Of interested and prejudiced parties, be
not altogether annulled and repudiated.
Yesterday, in the First District Court, a mo-
ton was made for rule to set aside the verdict
Of the jury in the Bell and Hufty case--the
particulars Of which are well understood by our
readers-returnable on Monday next. Can
this be donss No, if the law governing the
case is worth the paper it is printed upon, and
exercises the slightest influence over the court.
10 show that we are correct, we will cite the
45th section Of the law:
Sec 49, Be itfnrther enacted etc. That after ten days
the date Of service Of the petition Of the
at least ten days notice of the filing Of the petition By
voters the adverse party shall be bound to and
the issue thus formed shall be proceeded with sumary
before the court and jury The trial shall be conducted
submitted tothe jury according to the laws by which
other jury trials governed a meorify only of the
jurors shall be required to return verdict The jury
shall hare oer 10 determine by their verdict which of the
parties entitled to the office, to refer the sgain
to the people. THE CouRT SHALL grant
NEW TRIAL. as In other cases, and shall be aed
This section of the law settles the whole
matter, so far as the Sheriff 3 business is con-
cerned. The election Of Hufty was contested
by Bell. The case went regularly before a
court and jury, and . majority of that jury
found in favor Of Hufty. Their decision entities
Col. Hufty to the office of Sheriff, for the law
explicitly directs {. that the court shall have no
po,cer to grant new trial as in other cases,
and no appeal shall be allowed
Hence, it follows as an inevitable conse-
quence, that as the finding Of the jury cannot
be reversed, some sinister and unfair motive
must lie at the bottom Of yesterdays procedure,
or else the motion would never have been made.
But, were the 18th section susceptible of misin-
depreciation, section 46 clinches the nail 50
strongly that honest mistake cannot possibly
be made. Wewill now proceed to quote Sec
ton 46: iey s ,gass .55
rendered upon the first finding Of The jury SHALL ne FINAL
and on certifying the the Governor commission
shall be issued BY him in favor Of the person In whose favor
the verdict may be-
The foregoing reads SO clear and orders so
explicitly. that the most ordinary honest mind
cannot fail to understand its plain purport.
Why, even rank dishonesty, backed by con-
summate ingenuity. could not find pebble
stone upon which to base superstructure.
As yet, we understand, Col Hufty has not
received the certificate to which he is entitled
BY law. We presume it will be granted him
to-day, as it is impossible to see any solvent
reason for further postponement. 1t is now
Thursday. He was entitled to it on Monday,
according to the imprescriptible rights guaran-
teed by the statutes of the commonwealth and
universal usage. a
While on this point, however, we feel con-
strained to advert to painful rnmor that was
prevalent on the streets yesterday, which was
this: that the judge would not grant certif-
cate until the motion for o new trial was de-
cided on next Monday, and that on next Mon
day he would adjourn court until after the
Eighth of january We are unable to credit
this rumor, and only give 1t for what it is worth.
There is also another report current that the
State authorities intend giving the commission
Of Sheriff to Mr., Bell, regardless of the law
and the decision of the jury under it. This
report, too, We do not credit.
But, where there is so much smoke there may
be some fire; and if there is any fire, it may be
well for call the world and the rest of man
kind to recollect that the last drop caused the
cup to overhowth the last ounce broke the back
Of the oamel-and that the last strain rends
asunder the mightiest cable ever wrought by
machinery and skill.
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