New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-07-23

AoOOs
gna adjourned subject to call on the 25th day of
July, OF same year. was and ia the creature Of the
u the United States, well Of the
Wnole sovereign loyal people then residing in the
STATE 81 Louisiana. That the accused o. Abel
was and is creature officially of said lovaI con.
Fentioh, ana mat sad convention is to reassembe
on the goth day of this month.
That said defendant Abel, being the creature
thefeot Wlckedly, willtully and maliciously mani.
tests the disposition to tumutuously riotously
said creator.
That on or about the I'd day of July, 1866, acting
IN the capacity Of judge Of the First strict Court
Of New Orleans, and without warrant or authority
of law and to body of men called together Sc
lected by himself and the sheriff of the PARISH of
Orleans, and denominated grand Jury did deliver
! to them charge, the whole of which charge will
ne produced upon the trial thereof, and part of
which ls in the following words and figures, t0-wit
" The convention, as body was elected BY but
| few votes, large portion of them soldiers and 9TH
| er transient persons, some elected by few sol
uers and sailors on gunboats, in secluded places
| unknown to the people of the parish. Several of
the number were non-Tesidents of the State OF
| Louisiana. The convention was not a representa-
ion OF the State and people; and | think self-re-
speet and proper regard for republican prinei-
| pies forbid any attempt at further action on its
| part in the premises. The interests OF the State
| demand repose. Commerce, agriculture and So
cial order require It, The convention of 1864 made
| a
ernment under it for nearly two years. 1t never
met my appreciation, but deny the right to touch
| 1t. The proposition to recall the convention ap
| pears to be visionary unwarranted by good prece
dent illegal and unjust to the people and State of
Louisiana, and if persisted in, will be convention
| without legal existence, usarpers without power
or authority, servants without pay, it having, by
the constitution of their own make, passed the
treasury to the State government The treasurer
must be controlled by law.
II am clearly of the mind that the convention of
1861 has filed its mission and is q ietess body.
ana that it cannot and will not he reassembled by
constitutional authority. But if without cunsttu-
uonal or legal authority, it should do so, | will
then, as 40 now protestia the name of the people
ana the state Of Louisiana, against touching the
Constitution of 1854 without the consent Of the
people, expressed at the ballot hoX or by the leg
stature, as pointed out in the l4Tth article of the
Constitution. They have acquired vested rights
under it, OF winch they cannot and will not he
divested, except it be by their own consent am
not an apologst of that instrument; it was con.
ceived in usurpation and brought forth in corrup
ton; but like unto all human institutions, it has
some good points, aud will answer all the purposes
Of State government until the people shall, by
deliberation and experience, adopt a Constitution
to accord with their wishes and interests under the
changed state of political and social order,'F
That the whole of said charge was conceived
and delivered by wicked, malicious and politically
prejadiced mind and heart is revolutionary in its
character. tends to a breach of the peace melting
and sensational, seditious and gives aid and com.
open violation of the Constitution and laws of the
United States, and OF this State, and is treason
able.
That said constitutional convention is constitu-
tonal and legal body; that at the time Of its Gre
alton and for some time previously, there was no
substantial form of civil government in this State,
and that this body was the first constitutional and
legal body giving validity and legal existence to
loyal civil government in the State OF Louis
lana.
Wherefore affant charges said E. Abel with a
: breach of the peace of the United States and OF
the State of Louisiana; and of misdemeanor
under the first, second and third sections of the
civil rights bill as aforesaid, and with treason by
aiding and abettng, and by giving aid and comfort
to the enemies of the United States and of this
State; and afant prays that the said Q. Abel be
! arrested and dealt with according to law.
R. F. BAUKoY
1866. Il. SHANNON U. 8 Commissioner
The Shooting ON Canal Street.
In our last issue we noticed that W. j. Tetchar+
had been received at the Charity Hospital on Fri
E day evening suffering from dangerous wounds re
ceiyed at the corner of Canal and Treme streets
The name was incorrectly given. It should have
t been Isaac V. Ayrshire. He died of his wound.
t on Saturday morning. He was a married man
and his family resides in Indiana. The coroner
held an inquest during the day, resulting in yer
dict that deceased came to his, death by hemor
rhage caused by wound in the abdomen, inflicted
by pistol shot fred by Charles Stokes, who is il
: custody. Three balls hit him. One entered the
e leg above the knee and came out from the calf;
: second passed through the aeshy part of the arm
and the third entering just above the navel, passed
through the body and lodged in the small of thC
It back. Subjoined is the testimony as taken, dow
u by the coroner:
{ F. ", Reynolds, slUOf2--Resides at547 BaeChu
. street; was present when the deceased was shot
Previous to the shooting the deceased struck Ghaa
. Stokes, the accused They then clnched and il
a the meantime kheard two reports of q pistol.
: then saw the deceased fall on the floor This wa
: in the house, at the corner cf Canal and Tr6mt
q The deceased, befCEe the difficulty occurred
! turned and said he could whip any On son of
= b-h in the house, aadrepeated the gemaYk two O
y three times. Cannot say shat the deceased wa
y drunk. / knew Stokes as an army acquaintance
! Never knew the deceased before that time. Afte
:. | the remark made by the deceased, Stokes repie
$ that lit was no use talking that way there was
= enc in the house that wanted to fight him. Stoke
> then remarked to me, I'VE had better 20,
- whereupon he tnrned around to leave the room
=, when the deceased struck Kim in the fact
They then clinRhed as before mentioned. Qhe dt
+, ceased had nO weapon in his hand-at least h
10 could not see any. The two parties appeared
q be friends they spoke to each other before til
- difficulty.
y Nicolas Stadd, slCoqn,-vLiVes on She CO
- ner Of Canal and Trema streets. I am ba
- keeper in the house. There were fonr men pla'
my Cat uS III lLS bdCh loCL4l GI Tue hyuSel Inc
10 ceased playing and came out and asked what the
aT 1 bill was. l told them ii ninety cents. Til
al deceased put two halt dollar bills on the counter
{" a. gave him dime changa. He took it, and turns
" around and said he could whip any 50
-, of b-h in the house, Stokes SAID l
y man in the house wanted to ight him. II
T. deceased again repeated the remark, and
81 then went in the back room to straighten Il
,e us chairs. While in the back rogsa heard Stok
-, say, 'You hit me, viii you?" With that Ihea
~ a report of pistol three tiwas. came back
ia. the barroom saw Stokes and 7. w. Reyno
% going out of the front doQr together. and the d
~ ceased lying on the floor. The paity of four
IN Iuded to consisted of the deceased, Ghas. Stoke
a. and man whose name do not know. I kne
VS. Stokes four or Ave years, The man whose MAJ
e. do not knoa often visited the, house. 1 belle
s he is called Cd arley Comfy, hut caunot say po
lively oaUlot say that the deceased was druI
H. He may hagE, been Affected by liquor. Caunot s
i'd who shea tne pistol. The man supposed to
C. Comfy 4ad left the house before entered after
rs shooting.
ta -4s----
ii. a. DEs. Fekete has been arrested and held
&C. 5000 FIail on the charge of causing the death
is little girl and little boy who suffering from ch