New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-27

by J. Burke charged that between the hours N
/ and O'Clock, on the 18th inst, Mr. Bonner and
Mr.. Jordan did then disturb the peace of afiants
office and also interfered with the duties of affian
Chief of Police. Afiant further says that at thu
same time he caused said Mr.. Bonner and Hr. Jor
dan to be arrested and arraigned before the Re
corder, and that they were arragned and called NJ
on the 14th inst for trial, without the knowledge
Of affant or Capt. Dalton, who were thereby un
able to prosecute the case, upon which the parties
were dismissed.
Exceptions were taken by the defendants, first
that the action of Recorder Kruebbe was a bar tt
further proceedings, and that it did not appear
from the affidavit that violation of any ordinance
had been committed.
After some argument, and after hearing Capt.
Dalton's evidence in regard to the previous dis
mssal, that officer stating that Recorder kruebbe
had continued the case for the purpose of ascer-
tanning whether the defendants had right to
waive an examination and have the case sent to
the Criminal Court. Recorder Gastinel decided
that there had been no trial, that dismissal
was not an acquttal, and that the COM
plainants had no right to be heard. During
the discussion the Chief of Police re;
been blufied off by lot Of lawyers, as he did not
know the law well enough. The other objection
was also overruled, and the Recorder announc-
ing his determination to examine the case an ad-
journment of half an hour was granted to allow
defendants to procure thefr witnesses. AT 2
o'clock the case was resumed.
Captain Burke testified that he was informed
As he approached he heard loud talking. When
he went in Dalton told him that man had been
creating disturbance. Witness asked him who
was this man. Dalton said he did not know him
but pointed out one of the defendants (Mr. Bon.
ner.) Witness told Dalton to put him out. He
refused to go and he was then put out
Cross-examined-Da told me that Mr.. Bonner
had been making disturbance. When witness
was asked by Mr.. Bonner if he had not acted hasty
he said he would teach lawyers to respect the po
lice. Witness is not positive that Mr.. Jordan put
| his hand on him. but thinks So Witness knew
that he was with Bonner and sided with him.
| Captain Dalton testified that he arrested Mr.
Williams, charged with having illegal possession
of 62 bales of cotton. He permitted Mr.. Bonner
to see him. He asked witness what authority he
had for detaining him. Witness said he had nc
Witness remarked to the chief that he (Mr. 3.
| had insulted and abused witness. He started to
put him out. Bonner caught him by the lappels OF
the coat, and the Chief then arrested him.
| ross-examined-Jordan said much less than
Bonner, He could not construe Jordan's words as
insulting Thought Jordan stepped up, but whe
ther to resist or have an understanding he did no,
| know. Could not say Jordan put his hands on any
| one. Thought he intended to make an eXpIana
| ton.
Mr.. Lane testified that Dalton said to the Chief
This gentleman says you have no right to arrest
| Williams" The Chief said Who saws so p
Dalton pointed to Mr.. Bonner. The Chief said
8 Put him out" and took hold of Mr.. Bonner and
pushed him out. The Chief came back and
asked where was the other, and Mr.. Jordan being
| pointed out he (the Chief put Mr.. J. outalso
| When he came back he asked witness who he was
| Witness told him.
Crossexamined- Witness should say there was
no insulting language used, OF any disturbance Of
Chief came in. Dalton said he did not know what
the prisoner was charged with.
| Mr. Williams testified that he was held under
restraint by Dalton. Mr.. Bonner asked Daltor
what authority he had for holding witness. Daltor
said he would take the responsibility that he wa,
under bonds. Witness did not see Jordan put hi
hand on the Chief In the opinion of witness, there
was nothing insulting said
| To Capt. Dalton-The Chief approached Bcnne
first.
Mr.. Dillingham; testified, and his evidence in sub
stance was, that neither of the defendants ha
acted or spoken insultngly or unjustifiably.
Bonner and Jordan then made statements, whic
were to the effect that they had gone to MI
Williams in legal capacity, had no thought of ii
terfering with the officers, and that they were eS
ceedngly surprised at the arbitrary manner i
which they were treated
Judge Spoford made some forcible and appro
pirate remarks in regard to the rights of lawyers
asserted that the defendants were perfectly righ
in telling the police officers that they had actet
urlawfully in arresting citizen without war
rant, and urged that the ordinance contemplated
an actual breach of the peace, and that it was
never intended to make mere impoliteness a fina
| able offense.
The Recorder then ventilated his opinions
| which were strongly tinctured with extravaganza
relative to the decorum that outsiders should oh
serve in police Offices hoped the members of the
bar would never put themselves in such position
again; and concluded, as both sides had been il
the wrong! by admonishing the defendants
| (Which he conceived would be worse than fine
and dismissed the case.
PROVOST CouRT-.Judye Benedict-The United
States vs.. R. Hener, charged with wrongful posses
sion of government property. Case continued unit
Thursday
United States vs. j. Brennan and John Durkin
lst New Orleans Volunteers, charged with assault
and battery and ATTEMPT to commit robbery
Brennan discharged Durkin sentenced to one
months imprisonment.
United States VS.. L. Bonsman, 1st New Orleans
Volunteers. Drunk and assault with dangerou:
weapon. Sentenced to three months in the police
Jail.
The United States VS.. John Anderson, Slst U. S
c. !. Disturbance of the peace, threats, etc. T.
be imprisoned fifteen days.
United States VS.. Augustus Farmer, Saith U. S
c. |. Assault and battery. One month in til,
police Jail.
RECORDER KRuEBBE's CouRT-Recorde1' CAST
fet PfeSldihq.-Ihe case OF Ohm DOssOn, arrested
by W. B. Smith, of the City Hotel, on suspicion 0
having broken open a trunk and stolen clothing
theretrom, was continued until to-day.
| Charles W. Foster, charged with being accessor,
to the stealing of a gold watch and chain at tn,
Planters Hotel, was dismissed, as there was NJ
| evidence at all against him.
The following cases were dismissed: James Car
tefefaSt ana Alchael heiiy, naVlnS COTTON Ill thel
possession supposed TO be stolen James Morris
coored, accused of horse stealing by j. A. Skel
ton; Jane Mcpherson, colored, charged with tn
larceny of SLIGO by Earnest Mead, colored.
The penalty for carrying a concealed weapo
was $50 fine, or thirty days Imprisonment.
CRIMINAL CouRT.-.JisdJe AbeA.-Salvador La
morph was yesterday tried on q charge of carry
ing a concealed weapon, and acquitted.
Prince Edward, colored, was tried for larcen
and acquitted. The Prince was royalty lucky, fo
he acknowledged the corn before the Recorder
and told how he came by the property of John {
Laughlin, which he was charged with stealing
trunk with various articles Of clothing, ham,
wooden bucket and lot of rice. He was me
about O'Clock in the morning by officer Coyle
on Melpomene street, as he was carrying til
plunder, was arrested and brought before the Re
corder, to whom he confessed his misdeed. H
pleaded not guilty, however, before this cour
and was acquitted for want Of eyidence--drec
evidence, we presume, for there was plenty @
the other kind on hand
Andrew Connors, charged with assault and bal
terry, was dismissed by mol. pros.
THE CIRCUs.-An immense audience attende
last night to witness the first performance in th
city of Stone, Rosston & Murray's Equestrian eE
tablishment.. That everything passed off in til
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