New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-08-03

is the duty of every citizen to aid the officers of
the law using the like caution, and if it becomes
necessary 10 say more of the rioters in :
order to put it down, it is not murder but excusa-
bic homicide. If more force and violence was
used than was reasonably necessary upon the cir I
CumstanCes of the case then the party using the {
excess will be guilty Of murder, nanslaughter or
assault and battery, according to the circumstances
of the case, and the nature, ferceness and magni-
tudc of the riot to be suppressed.
The Military and Civil Authorities. ,
Yesterday morning Mayor Monroe, Lieut. Gov.
Voorhies and Attorney General Heron had an in
teryiew, in the mayors Office with Gen. Baird
The lieutenant governor exhibited to Gen. Baird
dispatch which he had received from Adjutant
General Townsend, in Washington requesting in
formation on these points: Whether The riot OF
Monday last could not have been supp Esssed with.
out the assistance of the military whether it could
not have been suppressed with the assistance Of
the military and without proclaiming martha Law
whether it was necessary to proclaim martial law
at all? Gen. Baird said that he could not change
be military status until he should receive direct
orders to do so. Nevertheless he consented to |
withdraw his Endorsement on the warrant Of arrest
issued from the First District court, prohibiting
the sheriff from executing them. He stated that
be was now willing to permit the sheriff to obey
the mandates of the court. On the subject of de-
claring martial law, it is understood that Gen. |
Baird has telegraphed to the secretary of war
that, by resortng to that measure he had saved a
thousand lives.
| Gen. Baird yesterday withdrew his armed senti-
nels from the City Hall and replaced them with
orderies He said that he did not wish to depose
or suspend the mayor, or even require that officer
| to report to Gen. kautZ-at least SO we are in
formed. Mayor Monroe refuses to occupy his
office until the military officers leave it.
| The ConventIonists Indtcted-SOne Arrested.
On Monday last, about three o'clock, the grand
inquest Of the parish came into the First District
court, Judge Abel presiding, and presented the
following indictment as true bill. The gentle
men of the jury present on the occasion were
Messrs. Francis Rawle, foreman, B. P. Foorhies,
4 {. w. Hopkins Victor J. Forstall, ]. r. Conway,
Henry Aubert A. Prados Jr., S. B. Frost, j. N.
Philips, Charles Rouyer, E. Charbonnet, Philip
Powers, Jr and Victor David The indictment
reads:
The State of Louisiana Judicial District Parish of Or
leans First District Court Of New Orleans,
The grand jurors OF the State of Louisiana duly
mpannelled and sworn in and for the body OF
the parish Of Orleans, in the name and by the
! That Rufus K. Howell, R. W. Bennie Terrence
Cook, R. King Cutler, John L. Davies, James
Duane - Ennis, W. R. Fish, G. H. Flagg Edmond
t Flood, Edward Hart, John Henderson, jr, VIM
H. Hire George Howell, II. Mas, - Nor
man, P. X. O'Connor, = Orr, John Payne
- Pintado, o.; 4. Poynot, Charles Smith
, John A. Spelcy, c. ". Staufer, W. H; Waters
l and - Hamilton, all late of the parish of Or
: leans, together with divers other eyil-disposed
persons to the number of three or more, to the
i jurors aforesaid yet unknown, also late of
i the parish of Orleans, on the 5Oth day of
4 July, in the year of our Lord one thou
t sand eight hundred aud sxty-siX, with
force and arms, in the parish of Orleans afore-
= said, and within the jurisdiction of the First
7 District Court of New Orleans, did unawfully,
violently and riotOusly assemble and gather toge-
L ther to disturb the peace of the said State OF
Louisiana, the said Rufus K. Howell, R. W. Ben
/ ne-(here is a repetition of the names above
n gvenl-and the said divers other evil disposed
n persons to the number of three or more, 10 the
jurors aforesaid yet uuknown,) then and there
n unla wfulIy claiming themselves to be and
d constitute "a convention for the revision
l. and amendment of the Constitution Of Louisiana ;
l. thus unawfully, rotOusly and routously intending
e and attempting to take possession OF, to subyer
n overthrow and usurp the Constitution anC
laws and government of the Stale of Lou
h isiana And so the grand jurors aforesaid
upon their oath aforesaid, do say that tht
d said Rufus X. Howell tthe same names are
e here again repeatedl, in manner and form atore-
81 said, did then and there, make, and kDowingl,
assist at the unlawful assembly aforesaid, conrarl
to the form of the statute of the State of Louisiana
y in such case made and provided, and against tn
y peace ana dlgnlty OF tne same
ID ANDREW S. HEBRON,
u Attorney General of the State of Louisiana
er Upon the bill being presented, Judge Abe
q ordered bench warrants to issue for the arrest
N the persons indicted, and fixed the bail of each
$500.
e The warrants were accordingly issued. The
did not reach the sheriff until after three O'CLOCK
i. The city was then under martial law. On tn
e previous Saturday, Lieutenant Governor Voorhie
u. and Mayor Monroe had an interview wit
~ General Baird, during which, the questio
to was put to the general, whether writs {
III arrest against members of the convento
rs could be executed, and he replied tina
A. they could not. Gen. Hays having one of Ii
of writs in his possession met Gen. Baird on Monda
OF afternoon on Canal street, and, having been il
~ formed of what had tralspired the previot
Saturday, in the interview to which We have n
or ferred, stated to Cen Baird that he had writ
IN arrest and purposed its execution. Gen. Bair
". w. made the following Endorsement on the writ wit
Mt. pencil:
,ut THE sheriff will withhold action on this WI
II until further orders. A Baird, brevet major ge
IA era commanding department"
re-. Yesterday General Baird indicated to the sher
Dr. a desire to change his order, and the writ beir
hS submitted to him, indOrsed 1t as followss
N. HEADauARTERs DEPAHTAENT OF LoyIsJASA sJAS
ed The necessity of the above order having ceas
er- to exist, no further mpedlmenJ will be placed
ie- the way of executing the writ.
lhe Brew Maj Gen com'd'g Opt
ex- The sheriff was notified Of this change betwe
= two and three O'Clock yesterday afternoon. 7
t?L t bench warrants issued under the bill of ind
the ment were Immediately put in the hands of
ow deputies, and up to ten O'Clock last night, the
re lowing arrests had been made:
ne ~ Associate Justice R X. Howell, of the suprel
the court, who organized the convention, as preside
ded pro. tenn
ich o. H. Poynot, member of the convention.
) u C. H. Flagg, member of The convention.
yer Judge Howell and Mr.. Poynot we're bail
cir Judge Lacey becoming security for the former
Ia" Mr. Elmire Lucy for the latter.
Tho Mr.. Flagg was still prisoner at II o'clock
un. night, no one appearing to become his security
- The Examination of DIR. DOstie.
law Recorder Ahern, in compliance with reqt
OF from General Bard's headquarters, as we h
sars already stated was in waiting at his Office un
ale hour on Wednesday evening, for the purE
nbly Of accompanying Col Clinton to take the st