New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-31
LOCAL INTELLIGENCE.


Abel charged the Grand Jury of the First
District Court two or three days since in
duces us to publish the document in detail.
Our reporter failed to procure the charge
on the day of its delivery, but its publica
cation now is imperatively demanded as an
auxiliary in the preservation of order and
the enforcement of law:
Gentlemen of the Grand Jury: The fact
that two homicides have been committed in
our midst since l charged you last Thurs
day induces me to submit to you a supple
mental charge.
Unless the hand of the murderer can be
stayed, and the culprit brought to condign
punishment, in q manner so speedy and GER
tain as to strike terror to murderers, life and
property will be insecure, and law-abiding
citizens deferred from coming to the State
with capital, to swell the population, in.
crease the wealth and prosperity of the city
and State, and the credit of the city of New
Orleans be impaired. | charge you that 1t
is your duty to use every means afforded
you by law to investigate all homicides com
mitted within the parish OF Orleans, and
bring to a speedy trial; by indictment, all
murderers and such as are guilty of man
slaughter. You are invested with the sole
power of indlCting persons charged with
capital offenses. This court is pOWerless if
you fail to discharge your duty. As Judge
of this Court will shrink from no RESPONSE
bility in supporting the constitution / have
sworn to defend and in indicating the
laws of the State. But, gentlemen, no up
right Judge ever did, no honorable Judge
could, descend from the bench to hunt up
criminals. He must stand Indifferent as
between the State and accused. 1t is to
you, then, gentlemen, that the public must
look for faithful and searching investiga.
fiOp into mn hnONipiIac of ORE
being committed. Murder is the unlawful
killing of one person by another, with
malice aforethought, either express or i'm
piled. Manslaughter is the unlawful kill
ing without malice upon provocation and in
heat Of blood, etc.
Gentlemen, your Legislature has de-
nounced dueling as murder, when death en-,
sues. 1t is a practice reprobated by the
laws of all civilized countries, often de.
structive to life, ruinous to whole families,
and of a most demoralizing tendency to the
youth of the whole State. An act of the
Legislature, approved the fourteenth of
March 1855, re enaCting the act OF 1918, de-
Clares:
SIC. Is. If any person shall voluntarily
engage in duel with rapier or small sword,
back sword, pistol, or other dangerous
weapon, to the hazard of life, and death
shall ensue, the survivor shall, upon con
yiction, suffer death; and all and every per
son aiding and abetting as second, agent, or
abettor, shall on conviction, be punished
as accessories before the fact in murder.
SEC. 10, Whoever shall, by word, mes
sage, or in any other manner challenge an
other to fight in a duel; and whoever shall
knowingly be second, challenger, agent, or
abettor in such challenge, upon conviction,
shall be punished by fine not exceeding two
hundred dollars and imprisonment not cX-
Ceeding two years.
Sec. 20. Whoever shall accept challenge
to fight duel; whoever shall knowingly be
a second, agent, or abettor in such accept
ance, upon conviction, shall be punished by
fine not exceeding one hundred dollars and
imprisonment not more than one year.
This is the expression of the wisdom of
your State in General Assembly convened,
the expression of the wisest statesmen of
Louisiana, made in time of peace and reaf.
tirmed as late as 1855.
The killing of fellow man without the
highest necessity can never be justified in
religion or morals, and as you will perceive,
gentlemen, is in the most emphatic Ian
guage denounced by statute. The challeng-
ing of one person by another to mortal
combat, upon trivial offense, | repeat can
find no justification lin reason, religion, or
morals, and in the slayer in law is murder,
and the practice ought to be discouraged by
every lover of order.
The carrying of concealed weapons is a
pTdCllCb Ol dangerous IGuueuCNI 5lIOuBly
reprobated by law, and l charge you to
strictly enforce the statute against it. Hay
ing concealed weapons about the person
sometimes emboldens the wearer to seek a
pretext to use them, which frequently re-
suits in homicide, or wounding, which is
murder in the party seeking such preteXt.
Some of the best citizens OF the State, by
having concealed weapons about their
persons, have committed rash acts,
which consigned them to disgrace
and entailed upon the family of the
victim distress and misery. The carrying
Of concealed weapons is practice which
should be discouraged by every law abiding
citizen, and the statute rigidly enforced
against it. charge you that it is your
duty to indiCt or present every violation of
the penal statutes against carrying con-
cealed weapons. The arrests made by the
police of the city for this offense are gener-
ally stupid, inoffensive persons. have not
felt it my duty to punish such persons with
great severityiwhile men of known desper.
ate character are permitted to wear with
impunity weapons concealed. Gentlemen,
the preservation of the public peace and the
security of life and property against VIC
lence and disorder are intrusted to the eX.
ecutive power of the State and the police
department of the city of New Orleans; but
if people will break the laws of the State
and override these safeguards, it then be.
COMES Jue uuLy OF COurLS anu jurors 10
strike terror to the offenders by prompt
and decisive application of the criminal
statutes, We have just passed from
military to civil rule. The new con.
stitution contains articles and clauses
which will require wisdom and
moderation to prevent breaches of the pub
lie peace, but until the constitution shall
be altered, amended, or abrogated by
the people, 1t is the duty of all good citizens
to discourage commotion and riotous con
| duct. The assurance on the part Of your
Executive, that your Courts should be fully
indicated and the State governed without
military interference, invites for him 8
manly support by every lover of civil gov
eminent, whatever be his politics, color, OF
| condition.
Having full confidence that you, gentle
men of the Grand Jury, will faithfully and
impartially discharge your duty to the State
and people, on the part of this Court you
| will be furnished every facility in its power
| to aid you in the discharge of your arduou'
| duties. have no higher ambition than Il
| the laws humanely and impartially. Having
been made Judge of this Court alternatel.
by each Of the great parties of the country
| have the highest incentive, as well as thu
| strongest inclination to discharge faithfully
the duties of Judge of the First Distric
Court,
Board OF POLICE CONSEQUENTLY
following named men are reported on ia
vorably for resppointment as supernumera
ries, Thomas Boswell, Henry Evans, A
Babylon, ]. G. Tothier. Louis German, Eu
gene Vincent, Henry Krenewith, William
Stewart, willialh Wall, Patrick Mullahy