New Orleans daily crescent., 1866-10-19

supervision Of the proceedings of inferior mags-
trates, otherwise, under this vagrant law, mans
liberty, whatever his character or standing might
be, was safe from the arbitrary ruling of re-
corder or the malice or pique of the police. The
case at bar was forcible illustration of the abso-
lutte necessity of such supervision. Mr.. Wallace
had been committed by the recorder to crafty
the malice and private spleen of the chief Of
police.
The court interrupted Major Bradford at this
stage of his remarks, observing that the motives
of the chief of police for making the arrest could
not be properly canyassed. There was no evil
dence before the court TO show that the chief of
police had not been actuated by laudable motives
and the presumption was, until the fact was
proved to be otherwise, that every public officer
in discharging his duties was governed by desire
to promote the welfare of society.
| Major Bradford remarked that though the facts
might not be known to the court, they justified his
observations. He repeated that this court was
properly called upon in this case to shield citi
zen from oppression If there was no supervisory
authority in the higher courts, the liberty and the
character of any citizen were in the power of the
| police and the recorders. Major 3. held Recorder
| Ahern in the highest honor and respect. He had
had extensive opportunities of observing the con-
duct Of magistrates, and he believed Mr.. Ahern
| to be the best recorder that had ever sat upon a
bench in New Orleans, but such men were not al
ways to be found among magistrates. 1t was
within the personal knowledge of Major B. that in
| times past, owing to some quarrel about woman
| or other private matter, police officer would
| avail himself of the latitude allowed by the va
grant law, and procure the Imprisonment of men
for months, merely for the qualification of personal
antipathies. AS to the question of bail, the re.
quirement of Recorder Ahern, it could not be dis
puted, was excessive. It was but recently
that the judge now presiding in this court
| had been arrested on a charge of treason. His
bail was fixed at FIVE hundred dollars, and yet it
was demanded in the case Of the relat0r, who was
accused neither of crime nor misdemeanor, that
he should furnish five thousand dollars bail. 1t
was by such eXactions as this the law was pervert
| ed into an instrument of oppression. It was the
fortune of the person he (NIaj. b. was defend
ing, to have numerous respectable and influential
friends, who would assist him in yndicating his
rights, but the court would see in how many in
stances less fortunate men might become objects
Of persecution unless arestraint was putupon the
authority assumed by recorders.
The Judge having reviewed the argument at
considerable length decided that he was not
| authorized 10 go behlnd the commitment OF re-
corders in such cases and hear their merits, but
had the power to revise a decision as to bail. In
fixing bail himself he rarely required over five
hundred dollars in case of misdemeanor, and he
ordered the bail, in this case, to be reduced to
that sum.
Thereator furnished the required security i'm
mediately, and was, thereupon, discharged from
custody.
The district attorney fled informations ag ainst
thefollowing parties yesterday:
James Farrell, for forging an order, purporting
| TO have been signed by George Pierson, for two
boxes of dry goods. valued at $50, with intent to
| defraud Messrs. Bonne & Robinson and Messrs.
Pierson g. Winslow.
Louis Seiffert for stabbing his wife, Adeline
! Seifert, with intent to murder hes.
George W. Reeves, for burglariously entering
the premises Of B. GilIgan, aud stealing there
from Sl4.
William Green, for the larceny of jewelrv of
the value Of $4 from Jas. Fl. Mooney.
James Murphy for the larceny of pocket
book, containing 500, from Isabella Duncan.
Michael McComisky and John McKnly, for the
larceny of $500 from DR.. Mercers hospital
Mrs. Ellen Smith, for feonousy receiving
$4,000 charged to have been stolen by said Nc
Colnisky and McKinIy from the hospital.
C. Thornton, for assaulting VIM. Lightle, with a
dangerous weapon.
Isaac Newton, for shooting John C.Lasbury,
with intent to kill.
NJ. L. Feeban, for an assault and battery on
John G. Lasbury.