New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-04-10

1 applied the better Such ~ condition Of thingsf
alike oppressive and intoIerahle ny pe 81
lowed to exist in civilized community. Many lnno-
cent persons are suffering the Parish await
ing trial. They and cannot give ball, and
are therefore u this Just 81 humane
No. lit is the llegl of injustice and humanity,
and ii express defiance of that law which guarantees
every man speedy and impartial trial. Nay, more
at IS shameful upon the fair fame Of the
Of Louisiana, of which a radiance cam
1 not be too quickly obtained. 5si
One of the arguments used in justification Isl, that
Tho contested election cases has occupied so
much of the time Of the First District Court that an
extraordinary accumulation Of criminal business was
unavoidable. Let us see if this argument is well
founded; and to do So we have concluded that a sue
scinct account Of the progress made in these famous
and everlasting would be most acceptable to the
public.
Z The data We submit, ne believe to be correct in
every particular 81
8 The First District Court met about the 9th No
yember, and Grand Jury for the month Of November
was empanelled.
4. On the 18th, l4th and 18th Of November the de-
eated parties in the election of 9Th November filed
their petitions, contesting the election, as follows;
lea NADER Vs. QUIRK, for Constable First Justice of
the Peace, filed 18th November, verdict Of Jury and
Judgment in favor of Quirk, the American candidate,
s21st December, 1s55-one month and eight days.
BELL US. HUFTY, for Sheriff, fled 14th November,
1850. Exceptions tried and dismissed December 9Th
1855. Case tried on merits December 9th and It'll,
and verdict in favor Of Hufty, December is, 1865
88 ScuLLY VI. TREPAGNIER, for Clerk First District
Court, filed 18th November, 1855. Discontinued
by Seully, Democ candidate, 18th january 1856
having held the office two months and more from
the election. NJ 5y# III IS &, t5{5.55 Va
IuGENRUHL vs.. WILTz, for Clerk Second District
Court fled 18th November 1855. Discontinued Sth
December, 1856, by Lugenbuh he being satisfied that
there were no grounds for contrasting. ~ 55 s5s sf
CRANE as. MITCHELL, for Justice. First Justices
Court filed 14tll November, 1866. Verdict of jury
and jud gment for Mitchell, the American candidate
18th january, 1856 s54astgg Il
Il In the cases of the four Assessors there were six
teen trials, all inone day -Four Assessors as each
one Assessor, and uce rersn, in each of which cases
there was an unanimous verdict, without leaving their
seats in favor Of the American candidates. Judg-
l5ment 9th February, 1856 three months and more
after the election. ~ 5@s5sa +
~ BozoNIER as. SoRAPuRU, for Constable Fourth
Justices Court. Filed l4thN November. Discontinued
$by Bozonier. Democratic candidate 18th january,
#l856, nearly months after the election.
KEE w. OLIVIER, for Coroner. Filed 18th NoVenl-
ber 1855. Discontinued by Ker, Democratic candi-
date he not being ready for trial and aVowng that
he had no legal ground to ask further delay, on 5th
February, 1856, three months after the election
3 CASoNGE rs. PILES, for Justice. Fifth Justices
Court. Filed 18th N November. 1866. Verdict and
Judgment in favor of Piles American candidate, 18th
February, 1856, three months and twenty days after
8 the election E ,s7 s55ts@ 3It$E
BRowN Us. FARRAR, for State Tax Collector, Third
District. Filed 18th November, 1865. Discontinued
by Brown, Democratic candidate, 24th March, 1856,
four months and nineteen days after the election
The cases Of ,ALPUENTE VS.. BEzoU, for Clerk Of
Sixth District Court; AuLD VS.. WALTON, for Clerk
Of Fourth District Court J; PERE vs. NorT, for Clerk
of Fifth District Court GAIREvs. REESE, for Clerk
of Sixth District Court were filed on the 18th, 14th
and 18th November, 1856, and the exceptions to the
Jurisdiction Of the Court were dismissed the oath
! and 2Gth of November, 1856 and, notwithstanding
the frequent applications and urgent demands made
upon the Court from that time to the presently the
defendants, the parties elected not one of the last
named cases has been tried The case of Alpuente
VS.. Bezou was fixed for trial on the 18th February
On that day the Court ordered testimony in all the
cases whether fixed not, to betaken before a JUS
tice Of the Peace-ten days being allowed for that
purpose. Onthe 2sth February the case was called
for trial, and Notwithstanding it was shown in argn
rnent thatsthe applieationfor continuance was for
the purpose Of delay, the Court granted continu-
ance to the 18th March !; and on that day the case
being again called was, upon the application of the
parties contrasting, continued until the I'd of April
instant although it was shown by the testimony Of
several witnesses that the plaintiff had stated that he
did not intend the should be tried until the sum
mer and that he was prosecuting the suit for his
/ pleasure.
45O On the ID April the case Of Alpuente and Bezou
was again called and all the other cases having been
fixed for the same day, with the understanding that
they should be taken up in turn day after day. until
disposed Of Nine jurors were sworn. The Court adj
ourlled until the next day. Next morning the Court
dnot sit formally, in consequence of the unpleasant
4 affair between the Judge and Mr. Daunoy but his
Honor, Judge Reynolds, Of the Fourth District Court
by requestof Judge Robertson opened the Court at
about Ii O'Clock, discharged the nine jurors who had
been empanneled; discharged the whole panel for the
month; all the witnesses, and adjourned the Court Gin
4 definitely 70. saa
q From the foregoing it will be seen that ten con
tested election cases Counting that Of the four AS
SCISSORS as one) have been disposed of. Some five
4 months have elapsed since the November election
This makes an average Of two cases for each month
4 Rather slow progress for fast age. Section Al o.
the act Of 1856 relative to contested elections directs
that the Judge (of the First District Court) shall
proceed, tcittoM delay, toexanine the grounds o
contestaton, etc. Section As, same act orders that
the issue thus formed shall be proceeded with sum
nary before the Court and jury It strikes us the
provisions of the law are plain enoug-that theyare
in fact, unnlisakabe. We leave it to the public tx
judge whether the letter spirit of the law has beer
complied with. a mere narrative Of facts we deem
all suficient.
At this rate the contested election cases will not BIZ
determined before the July adjournments, which vii
throw some of them over to the fall term In the
meantime, criminal business will be accommodating, in
noeen people will be suffering the public welfare vii
be jeoparded, and the rights of parties gant will BIZ
II sacrificed Indeed, if something be not done, it il
quite likely fall Grand Juries will report 5000 untret
cases instead Of 1900! some of the contested cleo
ton cases three or four delays have been granted fol
the purpose of allowing the plaintiffs additional tmt
to take testimony the defendants all the while insist
ing upon speedy trial! II parties cannot get ready
in five months, the question arises whether they arr
likely to get ready, and also whether they do moi