New Orleans daily crescent., 1866-11-13

reaflye Ia crimes and otfenses, provides that "if
ANY person lying in wait. OF in the perpetradon /
oT attempt to peTpettaJe any aFson rape, ROBBERY /
or burglary shall st06t, stab o. throst any person
vi III II dangerous weapon, with the intent tOc0m-
init fhe crime of uluraer he shall, on GouvlcRon
thereof, be punished with death. The insertion.
0t the word upon vitiates the Indictment, IN tue
opinion OF the court, and judgment OF theloWef
Ia lie case Of City Of New orleans rs. William
Gfeppel, the former claims license taX OF nifty
dollars from the defendant, as lessee OF Tie Mtga
zine street market. The latter resists the claim
on the ground that the tax was imposed after the
city had sold to him tbs right of collecting tne
revenues of the market; that consequently inc
ordinance imposing the tax was nnconstttuuohai'
as il impaired the obligation OF the contract en-
tered into by the defendant with the city, s!nce u
| the latter was allowed to impose any addlaonai
burdens after the sale OF the market lease nau
been effected, it might virtually annul and Destroy
4 his rights under the sale, by demanding suen taA
as it might choose to impose. The court neld that
the city, although acontraeting party, did NOT On
that account, surrender the taxing power 1eae 9s
gated to it by the egislature that tae aelenuant NV
should have known that the city had the fght ta9
the time he entered into the contractl 70 taA ~
calings trades etc.; and that, therefore, II might
thereafter tax his business as lessee OF the Market
Judgment in favor of the city eonhrmed.
RECORDERS COURTS.
FtpsT DrsrRIor. Recorder Ahern having re.
covered from his late illness, yesterday resumed
! his official iabors.
Fanny Francis, coored, accused of stealing
lfrom Mrs Jane Williams, No. 46S Camp street,
clothing and groceries of the value OF $50 or s4o,
Z was Yesterday examined, and the case was sent
before the criminal court for trial.
II f. d Marshall, soldier of the lst U. s lntan-
try was brought to the bar, accused by " ii, Hof-
ton of being drunk and disorderly and breaking
open his door on Rampant street. Ihe prisoner
: was remanded to await instructions from the
! military,
y This naeA he ATarv Iona Kesrnav accused bJ
Elizabeth Cailaghap Of stealing from her trunk
! quantity Of jewelry and SIS in money, Ill Angus
\ last, was heard, and the investigation resulted Il
I the discharge of the accused.
Peter Dor and Mrs. Dor, residing at NO III
I Maras street, were a1raigned to answer the com
I plant Of Il, Walden, of the St. Louis warehouse
s who charges them with feioniously taking iron
y the warehouse on the night Of the 18th OF Angus
y last. clothng belonging 10 himself and his wife
/; with $500, andWith stealing at the same tune sIo
y in specie. The case was set for Monday next.
!; a negro named Rowan Scott, was sent to tht
" Werkhouse for six months, as yagraut.
y Aun Bell, an incorrigable dfunkaFd, was sent U
u the Workheuse for ninety days.
Y Elizabeth Armstead, eolored, found sleeping !
II a vacant lot on Common street; Thomas German
y picked up drunk on the streets; George Burns
found asleep on St. Charles street. and Ann Doyl
II taken up on Girod street, lying drunk on the bar
: quette, were sentenced to sixty days in the Worl
y house.
z Isaac Boyd negro, for lighting on Liberty stree
.4 i
+ + Henry Dent. colored, for being engaged in IL
Y. same fight; Conrad Lynch and Frank Fishe
Is for being drunk and disturbing the peace,
y Dryades street; 2. Bohning, Jacob Stall, jol
y y I4entz and Richard Hummell for similar olfens
" on Tchoupitoulas street; P. r. Burns, Con La
se and Il. B. Smith, for like conduct, on st. Gharl
!, street; Abe Parker and FL. 7. Ashton, for dstnr
" ing the peace in the Crescent Billiard Saloon, a
II n: William Sedden, negro, for being drunk on Jul
'ns street and connterfeiting the call Of Yatchma
~ ~ were fined IS each.
IL Martin DwyeT and Conrad Berger, for ightin
~ on the steamboat landing, and Ann Clouet JOSEF
Ryan, p. S. Smith, Ned Bannon, John Alps, Jol
M Norton, Frank Mcclure, Mike Cannon, Lar
lat 0tNeil, James MeRea and Edmund Roach +
Us drunkenness, were fined 50 so each
IL SECOND DIsTRr5T.-Jules Barrett, colored, W
10 fined s25 for fighting on IRENE street. on Sundi
,ut night at about O'Clock; and Sally johnson al
be Felicia Smith, her antagonists were sent to t
IN Workhouse for ninety days each. Amanda Ere
ii. man, for disturbing the peace about the san
~ hour, was fined S25. A. johnson, colored, +
Is larceny Of pair of shoes from the market, WI
III sent to the Workhouse for sixty days. Carolh
IN Burns, for ninety days, for disturbing the peat
: Of Dauphin street. Alexander Picolex, for di
hi turbing peaeeable citizens upon st. Louis stree
N wns fined $40; and Anthony Landola, for Il
- same at Bayou Bridge. Michael Merritt, SO fc
# disturbing John Feesbe in his house and insultn
d him. Charles Flandry, eolored, in the Fish Ma
I'D ket; Adam Rinson, on Royal street; Jean ]
n Douet in the Vegetable Market were all fine
$40 each for disturbing the peace.