New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-06-29
First District Court.
TRIAL OF HON. ROBERT B. BELL.

first election held under that constitution, and a |
street contractor under the late city governments
tried yesterday before the First District Court,
Judge Abel presiding. The position Of the &C
cused and the gravity of the alleged otfease i'm
parted more than ordinary interest to the trial. and
large number of deeply interested spectators
congregated to witness the proceedings The in
formation upon which he was tried charged that
he obtained money under false pretenses from Mr.
Alfred Marchand, a broker that on the 7th March
last he obtained $1,000 from him; on the 9th $1,000;
on the 18th $500, and on the 3lst $1,000, by falsely
pretending that, as contractor, there would be
due to him by the city on the lst April six thou
sand dollars.
The prosecution was conducted by District At
torney Luzenburg. Messrs. Lnch and Holland
conducted the case in behalf of the prisoner
Before the jury was impanneed, the peremptory
challenges allowed the State and the defence were
exhausted. Two or three jurors were set aside
because they had formed and expressed opinions
In the examination Of jurors the only remarkable
incident that occurred was when hc Arthur Brs
sen was called, That gentleman being upon his
Ucir dire, and having been accepted By the State,
| bir, Holland asked:
" Have you any objection or prejudice against
any person who was . member Of the convention
| Of lsG4H
The district attorney objected to the question al
| improper.
Judge Abel" Tie question Is improper, aad
counsel cannot ask it. They might as VII atk
the juror II he had prejudices against 0dd Fe!-
lows or Nasons."
The court having thus ruled, hr BuissOn was
get aside upon the peremltory challenge Of the
prisoner.
subjoned ia a list Of tie jarors impannsled to
| try the case
| F. Burke, b, r. Edgeworth, ". L. Hawkins,
! Bernard Woman, Jules stokey, Henry Baum,
John Miller, Jacob Probst John Eenneosey, John
Goetz, Joseph sarlasqueta and Charles Cope
land,
The information having been read to the jury by
the clerk, the trial proceeded.
TESTIMONY EoR TIE PROSECUTION.
H. Gfllzj, .J-, slg0Y7a Witness is Mr.. Marchand's IS
cashier. and has been since January, 1854. On
several occasions Mr. Bell borrowed money from
Mr.. Marchand in the same manner, by giving or
ders the city treasurer, and representing that
the city vas indebted to him as 8 contractor. The
last transaction of which witLess had q distinct
recollection was on the lGtA Of march last. 1.-The
| orders upon the treasurer upon which tie pros
ecutcn was founded was exhibited 10 witness and
identified by himl These orders were not paid
the assistant treasurer saying there was no money
due to MIR. Bell, or that there was no money YET
TO his credit. The orders Aad been left with The
assistant treasurer for collection. Witness called
for the money on the 4Lh of April, and then it was
the assistant treasurer said there was no money to
Mr. Belts credit. Witness was present when some
2 Of the orders were given by Mr.. Bell to MI
a MarchBnd. Mr. MarchaEd made objections to ad
yaucng money, and Mr.. Bel replied that the ten
per cent. upon his contract reserved by the city
J besides tie usual monthly payment, would be du(
{, at the end Of March, The o7ders previously gver
e ! by Mr. Bell had all been paid. The amount ad
vanced vas never so large as during March. Wit
= ness did not Tecollect Mr.. Bell sayng how mucl
q would be due him at the end of March, but di
4, remember his assuring hr marGhRnd that the sur
4 would exceed the amount advanced u him. Pay
: mentof these orders given in March was frequenu,
/ asked at the treasury atteE the 9TH Of Aprifa
y the answer always was that there vas no none,
to MIR. Belts credit. Witness was present wbel
N ! Mr. Marehand told Nh Bell the orders had no
= been paid, and Mr. Bell offered to give nortgag
'' upon house to secure the debt. Tie interview
D, took place three four days before Mr. Bell
ID arrest. The offer was not accepted because thu
,t house was of no value. The orders were neVe
paid. If they were it would have been witness
it duty to have entered payment in the books.
E. Gross erdnlned--Mr Bell had had sewers
v transactions of this kind with Mr.. Marchand. H
in had one about three months before those in thu
case. The first was negotiated through MIR. HO
III land, Counsel for accused.) Witness took th
draft offered the occasion to the assistant treas
,b urer to ascertain if it would be paid and il
d, formed that Mir. Bell was contractor. which fac
witness reported to Mr.. blarchand, and the none
- was advanced. Inc uTdlI WAS presented uu LII
lst of the following month"; but was not paid unit
" the Sth In all subsequent transactions as sou
a as the orders were taken from Mir. Bel they wei
- left with the assistant treasurer for collection
The present drafts were in the hands of the asAs
Ig ant treasurer when Mr. Bell arraigned betOr
" the recorder. The assistant treasurer iniOrme
IA witness that the rolls were always made out II
- 4th of the month, and after the first time, witne
oy never went until that day. The assistant treasure
a never told witness that Mr.. Bell was not COZ
tractor. The last time witness called he SAID til
:; finance committee was acting on the accounts
81 Mr. Bell The only time witness could say pos
'st lively in relation to the present orders, that
to saw Mr.. MarChand advance money TO Mr. Bel
mo- was on the 18th March, Witness knows the draf
o were not paid, because if they had been Mr. Ma
We chand would have informed him, to make the n
cessary entries in the baoks 1t might be TIL
w Mr. Bell offered the mortgage securit
of in addition to the orders themselves but wltne
did not recollect that being stated. Witness kne
IS the property was of no value, because he heal
he so from Mr.. Marchand-it was so far out of u
as city.
ty The district attorney oferedin evidence the fo
ey orders given by Mr.. Bell upon the treasury in
er vor of Mr.. Marchand, viz one dated March 1t
on for $1,000; enc dated March 9th, for $1,000; O.
est dated March 16th, for $500; and one dated Mar
3lst for $1,000
ne A. Marohdnd, scorn-Some time in Octoht
~. ! 1865, Mr. Bell was introduced to witness by n
N' Holland (cOunsel) and he asked witness to d
nat $500. He represented himself to be city c.
tractor and that he was pail on the first Of ea
month. Witness sent his clerk TO the treasu
and aseertained Mr.. Bell was contractor. Eve
month after that Mr.. Bell discounted with "
ge. ness orders in amount up as high as $25
His orders were always punctualIy paid He sta
nv that his monthly income from his contracts v
-, $500. In regard to the present drafts, when
my exceeded $500, witness suggested that that Z
Ter, ali he could draw He answered that. in additi
ain on the LIST of April he would have ten per ce
+ ~ upon his contract. He wanted the advance
ny asked from witness to pay his hands and In
nj schooner. Witness heard from Mr. HigRinbott
nal after learning at the treasurer's office, that
m0ney was due Mr.. Bell, that Mir. Bell had at
ono dVned his contract. Witness then, on the
0DI pril, threatened MIR. Bell with a criminal pr
II r,ution, unless he made his dat &C
5 of He offered a mortgage on property
His Delery street, somewhere about or below
H., Barracks as witness discovered it was situ6
'nF from other sources. The mortgage was to h
ar id been completed on the following Monday.
that day MIR. Bell met witness and he asked
how he came to offer witness such iHaueqG
Mo- security the property was not worth 5000.
5 of ang Tromsed tn bring it forward As he did
and comply with his promise, witness had him
Rut. rested few days after. Witness was induce
h;Io advance money to him upon his statements tha
would have due him on the lst April some six Il
the sand dollars, coupled with the fact that
for previous drafts upon the treasurer had all
;nda paid In loaning him upon the present drafts