New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-06-29
NUMBER 272.

the present street commissioner and him, relative
to the contractthe contractitself being presented
to show that he was contractor at the time of
the alleged fraud, and the correspondence toI
prove that he was recognized as such by the
street commissioner afterwards.
This closed the evidence on both sides.
The district attorney proposed to submit the case
without argument.
The defense declined the proposition, and the
district attorney waving the opening, Hr. Holland
addressed the court and jury. He held the State
to the terms Of the information. It was alleged
that Mr. Bell had falsely represented himself to be
a contractor. There was no falsity in that state
ment The contract and the documents from the
street commissioners Office showed that he was a
contractor at the time, and was recognized as such
long after, up to the middle of May. 1t should
also be recolected that Mr.. Bell did not say he
had money at the time he gave the orders, but
thatit would be due to him when the drafts ma
tured The case, if it had any merits on the other
side, was civil, not criminal.
Mr.. Lynch thought if much was said the jury
might suppose the prosecution had presented
something to combat, and therefore he would be
very brief. He reviewed the evidence, how
ever and claimed thas his client was the vic
affairs. If the old street commissioner had
remained in Office Mr. Ben would have had the
money in the treasurer's hands to meet the drafts
but, unfortunately for him, new set of men, with
| their political and personal prejudces came in
and be was powerleBs. Mr. Lynch would not
censure the new administration The new
officers doubtless thought they were per.
forming their duty, but the jury would ace how
Nr. Bel was disabled The city might hereafter
suf=r through The conrta for what had been
| done to Mr.. Bell CITY officials were not judicial
otfcefs to say whether contract had or had not
been violated. Their d-ciaion vas no evidence
that Mr. Bell had not done biz duty, or that money
was not due to him.
Fer the State to mase out its case it was neces
sary it should prove not only false pretenees, bu
also fraudulent intention. Neither the one mo-
the other had been shown Even if Bel had tolc
falsehood the consequences of which coult
have been avoided on the part of Marchand b,
digent inquiry, case Of false pretences was no
made ont, and the accused was not guilty,
The district attorney had not purpose
saving a word in the way of argument
His desire was to submit the case t
0 The iury upon the evidence and with tn
; instrnctions of the court, He would suggest ths
political antipathies OF political friendships ha
nothing to do with the case, and he regretted thG
= the occasion had been siezed to use such arg
c nents before judicial tribunal. In England tn
case would have been 8 charge of swindling, br
! the law here knew no such ohense, and it WI
u necessarily narrowed down to speciality su
rounded with technical difficulties. There wei
$ onlv two propositions; If tue jury believe
tie prisoner had made false representation
knowing il to be false, and with fraudulent nten
a then he was guilty; if the prosecution failed
either of these elements, then he should b
acquitted.
y With these arguments the case was submitted
If TI, An ~ .t,, y, oI,.,od tbo ;rrr, Tho ras
o % - +Lo c.o+o voc +bo+ tLo ,,crs,
e go+ come 95ooO hv falsely nrstending to
le sor+-oc+or ana that "a snab tho citv won
N eohbractor' anu that az suoh the olS "ou
OF a