New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1859-06-14

lHE POLICE OF PACANIER STATION and number
OF citizens OF that neighborhood yesterday evening
presented Sergeant Mark L. Moore, Of the police,
with magnificent gold-headed cane, bearing an ap.
propriate inscription, as testimonial Of their regard
for him as an officer and citizen. The cane was
manufactured by Hyde h Goodrich, and is . fine
specimen Of New Orleans workmanship.
A FRIEND has kindly furnished us with memo
randa Of the pleasure trip made by the steamer LIE.
comte from the levee to the lake end, via the Baze
and the islands and watering places. We have not
room for 1t to-day, but will try to dish it up soon
The New Law PROHIBITING THE SALE OF LIQUOR
TO SLAVES was decided upon yesterday by Judge
Duvigneaud, Of the Third District Court. The mer-
its of the statute were brought before the Court under
applications for writs of habeas corpus made n behalf
of parties tried before the Recorders and convicted
and sentenced under the said statute, but who re-
mained in custody in preference to paying the fines
imposed, in order to bring the thing to test. In
lengthy and elaborate decision, Judge Duvigneaud
pronounced the statute unconstitutional and ordered
the writs prayed for to be made absolute, and the
prisoners discharged from custody. The following
are the chief points of the decision
Art. lob of the Constitution of Louisiana reads
Prosecutions shall be by indictment or information
The accused shall have speedy public trial by an
PEELED TO give evidence against bmself; he shall have
the right Of being heard by himself or counsel; be
shall have the right of meeting the witnesses face to
lace and shall have compulsory process for obtaining
witnesses in his favor.
This law denies to the accused the protective forms
OF procedure contained in the Constitution, and
which guarantees to every citizen the protection of
his life, liberty and property, that is to say prose-
cution by Indictment or information and impartial
jury and compulsory process for obtaining witnesses
in his favor.
The Court is happy to mention here, en- passant
that the Attorney General and District Attorney CON
cur in this opinion.
This Court according to article s23 of the Code
of Practice, shall not, in the investigation of this
case, examine the validity or proprety of the judg
ment or decree rendered by the tribunal who sen.
fenced the reators it suces to determine that that
tribunal according to the Constitution of the State
ls not regularly constituted tribunal, under which
| the Imprisonment has taken place.
1t is much to be regretted that the Legislature in
framing that law, have not avoided the unconstitl-
tional features which embodied in it, in order to
give to this suffering community proper and legal
means of eradicating from their midst the evils oil
which they complain.
| In this case, Col Field has been counsel for the
coffee house keepers, and Mr.. Van Dalson for Re
corder Summers Whether an appeal will be take n
| from Judge DIS decision or not, we cannot state
t,othing, however, but reversal of the decision
by the Supreme Court, will prevent the coffee.house
keepers from coming back at the Recorders an6
police for false arrest Imprisonment etc.
| A SHOCKING SUICIDE took place in the Third Dis
trict on Sunday evening at o'clock. Mr. II. H. Vor
Heine, young German, who kept grocery at the
corner OF Greatmen and Piety streets, put loaded
pistol to his mouth and blew his head to atoms. The
spectacle he offered afterward was awful in the ex
| treme. The cause of the act was rumored to be a
too fond affection for an unworthy girl, goaded to
madness by strong drink. He was fireman-a mem
Der of Crescent No. 24-and drank freely during the
labors of his company at the Fourth District fire OF
Sunday morning. His remains followed to their
final rest last evening by the remen of his own and
other companies.
| LOT OF JEwELRY, supposed to be stolen, wa
yesterday found and seized by Lieut. Dryden and his
special aid Dalton, in house in the Second District
The jewels consisted of gold cross and chan gold
watch key, two gold pins with sets, gold pin and
chan two gold bracelets, gold locket and chain,
pair of earrings, ladys breastpin, large gold
bracelet and lot of other gold ockets, breastpins
and earrings Those who have missed such articles
at liberty to inspect the above, at Lieutenan
| Drydel's Office.
| PATRICK O'DoNNELL was arrested on Bolivar
street last evening by officer Dean. He was charged
with habitualy beating his wife and cutting her in
| the head with hatchet Patrick to-day will have
to stand up before man, in the shape Of Recorder
Summers.
| FIRST DISTRICT CouRr-Judge Hunt.-Aaron
| S. Perkins, charged with embezzement "a case of
| long standlng) was yesterday dismissed by nolle
prosequi. The last time the case was called the
State was ready with all its witnesses, but the trial
was postponed upon physi' ans certificate that the
prisoner was sick. This tiaie, the State witnesses
were all absent (being residents of Tennessee) and
the prisoner was ready for trial and through his coun
sci insisted upon it. There being probability that
the State witnesses could be secured again. the
| District Attorney moved a dismissal, as above and
| the Court granted it.
B. Tieg, Frank Anderson, w. o. Summers, and
others. all policemen, charged with false arrest and
| imprisonment, were dismissed by noNe prosequi.
Jack, slave of Bass, convicted Of mansaughter in
killing another slave, was, under the statutes sen.
fenced to five years in the Pententiary and to re-
ceiye ten lashes every sixty days of his mprson.
ment.
| RECORDER SUMMERS CoURT.-The usual crew of
ragtags and bob.tais, being yesterday disposed of
| as usual, the following were arraigned and booked
| for future examination:
James Williams. charged with entering the state
room OF Daniel L. Duffy, pilot on board the steamer
Henry Chouteau, early yesterday morning, and pick
ing one of his pockets of gold dollar and bunch
of keys and with of the keys, opening his trunk
and taking therefrom two pocket-handkerchiefs.
Sent down in default of bail, to be examined to-
morrow.
Lawrence Finnegan, charged with having in his
possession, on Gaennie street, horse, stolen from
Mr.. kingsbury. Sent down, to be examined on
Thursday.
James Baker, charged with raising row on Con.
stance street, and resisting and striking officer Peiser
Case fixed for the lSth
RECORDER LoNGs CoURT-John Gaifrey was yes-
terday sent after in default Of ball. wait examna.
tion on charge OF having numerically waoped his
better part Ann, at their residence Moreau street.
between Port and Enghen.
Four men, names unknown, were charged by An
thony Gonzales, of No. 37l Victory street. with hav-
ing assaulted aud battered him in a ballroom on
Eysan Fields street, the night of the 9th instant
one OF them being also charged with manning, in
biting off piece of one of his ears. Upon Anthony
promise to point out the quartette, warrant was is
sued.
Mrs. Hynes, OF Eysian Fields street, between Levee
and Victory, was complained of as having picked 81
from the pockets of George Dougherty whilst he was
sleeping the sleep of innocence in her house, during
the small hours of Saturday morning Warrant is
sued.
pngnacious unknown, charged with wao,;hg
Michael Dillon, on Louisa street, Mrs. ntop, olarged
with noggng Mrs Hetman with cat t.oaine-taiis on
Bagatelle street and John Flahesy, charged with
invading Mrs. Margaret MOranaroom on Peace stree
| aud abusing Mrs. Nj. and atshnS bucket oil VIZ
her, were duly coppfained of and sent atter1 Io,so
Alexander Campbell, an inmate Of tb' ~ iie"'o'