New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-12-22
REsuLTs-FRUITLEss DELAYS.

The jury empsnneled in the case of Nader vs. Quirk
to determine which entitled to the office of Cousta
BILE of the First Justices Court returned verdict in
of Qurk yesterday afternoon, which gives the office
the latter finally and unreseryedly,if the English Ian
guage has any meaning the law any force The jury
stood ten for Qurk and two for Nader This result
arrived at after eborons thorough and honest exami
Matchmaker Analysing closely all the evidence brought
before them
The law in contested election cases cannot be msun
derstood BY any honest after truth aud justice
On Wednesday we quoted the d5th and 46th sections
tire. Those sections unmisakably ordsn and declare
1st That the jury shall have power to determine by
Their psref which Of the parties is entitled to the Office
etc. 3D. That the Court shall have no poirer to grant
new trial. and that sno appeal shall be allowed Sd
That the FIRST finding Of the jury SHALL BE rISAln
Under the law, therefore, Mr. Quirk is entitled to bis
commission, hut whether he will get it or not is involved
in some doubt recent decisions and rulings have
inclined many people to think that the English Language
is unacceptable of positive meaning, that the authority
of Judges Is unbounded that statutes ockery snd
farce and that courts do exactly what they please
in defiance of the rights of parties law evidence justice
and even their own rulings.
In the Bell and Hufy the Judge compelled wit
ness to give his opinion to the jury when demanded by
the counsel for the plaintiff. few moments afterwards
when the counsel for the defence asked an opinion
that the opinion should not be given The fable of the
bull and enacted again When the eonstitu
tonaty Of the present law opposed by the
the defence the Judge decided it was constitutional
from beginning to end But the jury brought in an
unfavorable verdict have been told that new lights
have dawned upon his judicial vision and that he is ex-
tremey anxious to hear argument which will upset his
previous decisionshat he is ardent in his desire to be
convinced that he has decided wrongfuly against the
fn-% AZ. Has,.
Bell and Hufty cause. OF such searcher after
truth and Ii entitled the appreciation Of
the public This will dispute although bis course
throughout did not Indicate that he would have suffered
Intense conscientious qualms had the jury found in favor
of the plaintiff Enyous people au say that his OK was
gored by the defendants bull that would not have
cared farthing if the defendants bull had been killed
by the plaintiffs OK
+ Upto the adjournment Of court, the Judge had not
signed the Judgment entered up the verdict of the
jury: and we understand will not sign it until he hears
the motion for trial the ground of the unconsti-
tuttonsy of the law prohibiting him from granting
trials in election cases.
\ What wonderful change the verdict of the jury has
wrought, ell around The Judge said the law was con-
stitutiona the counsel for the plaintiff maintained that
the Law was constitutional. and so the went to the
Jury but good Lord as soon as verdict for the defence
is rendered, Judge, counsel and other friends of the
plaintiff sorey affected with serious doubts as to the
constitutionaty Of statute stouty affirmed up the
very moment the verdict Of the jury was rendered!
This may be all right and we don't say it isn't but if
1t dent look queer, never looked upon queer object
The Judge having determined to hear an argument for
new trial in the case Of Hufty the motion, if
maintained, will lie in the of ouirk will lie in the
case of all the defendant Clerks Assessors Collectors etc.
and no matter how many juries might conscientiousy
and legally decide in their favor still on qubbling legal
points the ends Of law and Justice might be defeated and
they kept out Of office until the return Of the next gene
raj election.
The parallel is clear. Let the law be trampled on in
one instance and the law may be tramped on in all in
stances.
We have nothing further to say The old saying run
meth that the sewers of the wind shall reap the whrwnd