New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-06-26

TnE WANING GAsE.-Moses Warning, Esq, APP
Hearad before the mayor this morning to answer
sine charge of failing to give in gross sales of mer
ssEanaise for the first quarter Of the year. Mfr.
Hamilton, the counsel for Mr.. Waring referred his
Aanor h note addressed to the city tax collector
" Mr.. w, in which he states his reasons for not
masking the return In this note he states that his
GzIy sales are of salt, which is an article directly
9u1ported. and therefore exempt from such taxa
Efaa. The court remarked that if the salt was i'm
WaEtsa by Mr.. Waring directly 1t was no doubt
s4xempt but if it was purchased from the importer
EF Me. WarinG, then it came under the provisions
0e the late act The counsel for Mr.. Warning stated
Stat be held that the conditions of his transactions
were such as warranted him in the belief that he
vF9s not liable to the provisions Of the act. And
Furthermore he commended that the law was Illegal
azId was therefore determined to test it before a
HaSher tribunal. His honor simply stated that it
was not his province to adludicate questions of
AAzH but simply to administer the law as pre-
ssffribea by the charter. He had no right to cues
the legality of the law and that so far as that
fIlesdon was concerned it could not come before
Azn- His honor further stated that he was de-
szE9aa Of throwing the case before the proper
t7sEErt as soon as possible. He then entered fine
saG $50 against Mr.. Waring, and ordered his arrest
ecdm day to day until he complied with the law or
sT&Te bond An appeal was then taken by Mr.
SsaEiag counsel from the decision Of his honor
ssag mayor Register.
R&alr.-The fruit stores are heavily stocked
sfza are well calculated to tempt the appetite of
G4ase who indulge in such luxuries. Peaches Of
49, stle4I SIZE bHb e4ceuent 0aFOF are selling at
-ls& cents per dozen. Apples of good size and
sEaagity. 80 cents per dozen. Watermelons have
1allen to range Of 40 TO u cents Bananas are
ssH FgaEes apd sell at 20 cents each, or three lfar
Aia lrEM.--The census taker called at the Battle
E51use yesterday, and ascertained that there were
8sst go aoals in the building Enough to populate
q small town.-[Ibid.
HE RAILROAD ReBBERY-Frank MONTGOMERY !
aEa7 81 tae brakesmen of the Mobile and Ohio RAN
gsa4d, who happened to be the brakeman on the
asgEage car of which Bellew was the late bapgage
sEzaster vas brought up his mofang before tie
MAYOR on the charge of homicide and robbery. II
Was supposed that he Has inpl5 osSF9g fH ms fgo-
aEgy OF the $500 in gOla Ard That TO obtain the
f51il amount he had muEuered BelleW. The evil
,denSe however, amply proves his innocence Of
Gle homicide charge. The train, it will be remem-
hered. arrived On Thursday night, and the body
was brought in on Saturday. Mr.. Montgomery T
Shows beyond a doubt, that he came into town on
Thursday, and that he did not leave until Satur
3ag- his whole time ID accounted for. What made |
suspicion point towards him was the simple fact |
that he was smoking one of the marked cigars. |
But evidence was introduced to prove that the |
cigar in question had been given him by Beew. |
k6e was, in consequence, discharged. Mr.. Mont |
a9niery belongs to very respectable family, and
sss are inclined to think that circumstances only
we're against him. There can be but little doubt
1gt that the unfortunate Bellew committed sui
.aSdes-E Times.