The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-04-26
XOral Sntrlligente.

AtAAu OOuIt III MATCH, 1900, ana since tla
time continued for further testimony, has beer
granted BY Judge Duplantier, the custody of the
two children being eeereed to plaintiff. The hus-
band has not been heard from in four years.
collegial repast is TO be given at Shroeder's
Family Garden, in Carrollton, on Sunday under
the auspices of our genial friends Messrs For.
ester, Sibilsky and Weichardt, Of the German
press. Their kind invitation to be present at the
merTymaking is gratefully acknowledged, with
the nope that kind fortune may permit our at.
tendance on the occasion.
Some one has left an umbrella in our Office
winch he can have by proving property and COM
pensating the finder for the time he has lost in
debating, with himself, the question whether an
everybody.
Judge Lesumont, of the Fifth District Court.
has decided ID the witt OF habeas corpus sued out
in bis eeurt, by the radicals, before the election,
to release one hundred and fifty negroes from the
Wofkbouse, that the commitments of the recorders
are legal and constitutional. He therefore ordered
the negroes 10 be remanded 10 the Workhouse,
and there detained until the expiration of their
several sentences, "reserying to them. however
the right in case the present Constitution be
adopted. TO demand their immediate release under
articles and 81 Of the Constitution of ls6s.n
The temperature, yesterday, as shown by the
thermometer at G. Duhamel's. corner Bienville
snd Chartres streets, was as follows At A. NJ
20 degrees IL NJ. 70 Pm. 81; 6P. NJ. Is.
party OF military excursionists went up the
river yesterday on the steamer Ella Morse, ex.
pectiDg TO return in the evening.
HIGHLY IMPORTANT DECISION BY THE SUPREME
COURT.-JUries TO be Composed Of Whites and
BldckS.-Tbe subjOined decision rendered by the
supreme Court, will be read with the deepest in.
teTest by every citizen who has reflected upon
the system of mixed juries, sought to be imposed
upon the people of this State by the order of
General Sheridan, issued last summer. and who
has speculated upon the probable influences of
such a system in the administration OF Justice
The ruling set aside by the Supreme Court was
the ruling of Judge Howe, and was In accordance
With the opinion of Attorney General Lynch, both
of whom are radicals and hold their present posi-
tiOns by the appointment of General Sheridan.
Judge Howe, IL his decision was not quite so
brief as the appellate tribunal, who have vaulted
over most important point 10 the argument,
which is that the act Of March, 1855, had refer
ence of course to voters enfranchised by the Con.
sitution Of 1862, and could not possibly have had
reference to acts OF Congress passed 10 1867.
Chief Justice Hyman wrote out and delivered the
opinion OF the court, and it is in the Pineville
style, little outside and little inside. Jus ice TGli
sferro was absent, but all the other associate
justices were present and cOncurred with the
PiDevilie magnate.
This decision will not. in all probability be final,
as II is not unlikely that when some important
case comes up steps will be taken TO bring the
question before the Supreme Court of the United
States Meantime "the laws uncertainty" will
be impressed more deeply than ever upon the
minds of people who have suffered too much
already from reign Of petIifoggers who would
tako their law from Bezebub as soon as they
would from Sheridan, TO keep in place.
State of Louisiana vs. Charles Morgan and
Sam. Wilson, alias Buck Sam.-Tbe Judge of the
First District Court of New Orleans, by authority
OF the seventh section of an act entitled an act
relative 10 jurors in the parish of Orleans ap-
proved March Is, 1855, ordered on the 9th De
cenber, 1867, the sheriff to prepare new list Of
jurors.
q trnU n rf ho cd
voters, made in 1865, by authority OF the statutes
of the State, made in 1865, and not from the regis
try Of voters made in 1867 by authority of the re-
construction acts, an act of Congress passed I'd
March, 1867, for the more efficient government
Of the rebel states,' and amendments thereto
The registry of 1855 contained not a half Of the
number of registered voters as the registry of 1867
contained.
by authority of the eleventh section of the
Constitution Of 1852, the legislature passed acts
requiring registration of voters, and declaring
none voters but those who were registered.
% The act of 10Th March, 1855, above referred
to, required the sheriff to form a list of jurors
from all the qualified voters of the parish of Or.
from that list the jury.
:" A grand jury selected from the drawing made
by the sheTiff from the registry of 1865, above
stated, found bill of indictment for murder
against defendants, who filed a motion to have
the indictment quashed, because the jury thus
drawn was illegal and incompetent.
defendants set foI th other grounds In the mo.
tion which are not stated by us, as our opinion
the ground above stated settles the question as to
the validity Of the bill Of indictment.
1.-The judge overruled the motion. The defen-
dants were tried by jury, who brought in ver-
dict Of guilty. The judge passed sentence on them
and they have appealed.
1.-The statutes of the Stale make all who are
registered as voters in the parish of Orleans quail
fed voters therein, and competent jurors for the
parish. The reconstruction acts make all per-
sors, who are registered under their provisions,
veters.
HAs all who are registered under the recon.
struction acts in the parish Of Orleans are quail
fed voters therein, 30 also are they competent
jurors therefor.
"The sheriff should have drawn the jury from
list Of all the qualified coters Of the pdrlshof Or
leans. which he did not do, in drawing from the
registry of voters of 1866 as that regis ry s not
list of all the qualified voters Of the parish.
"Tbe grand jury selected from such drawing
was not formed according to law, and its pro-
ceediDgs are invalid.
"Let the verdict Of the Jury be set aside, and
the sentence Of the court be reversed.
Let, also, the indictment be quashed."
CHARGE OF SMUGGLING DIsNrssED.-On or
about the llth November last Moses Fox and
Fritz Gieseehe were arrested by the United States
authorities, charged with smuggling three cases OF
leather from the ship Constantia. The case came
mp for trial before Judge Darrell yesterday, in the
United States Circuit Court, Col. A. p. Field ap-
peariDg for Gieseche and r. King Cutler for Fox.
Col. Field demurred to the indictment made
against bis client, on the ground that the marks,
quality and quantity Of the leather alleged TO have
been smuggled had not been specified therein.
The court entertained the demurrer and ordered
the release Of the accused. We learn that the
district attorney Immediately ordered the United
States marshal to re-arrest them, which movement
was opposed by Col. Field. The court thereupon
repeated its order Of release, and the accused
were permitted to depart.
GALA DAY.-Pretty little bits of children,
pretty little children, and pretty great big chill
oren-sll belonging to the Sunday School OF Dr.
II. Q. Mallard's Church (Prytanis street Presby-
teriaD) had most delightful time IN the way OF
an old.fssbioned picnic yesterday. Through the
active influence Of Messrs. Moses Greenwood and
Ssml. B. Newman, the beautiful grounds of the
CaTrollton gardens were obtained from Capt Dan
Hickok for the childTen's use, and right merrly
did they avail themselves Of the advantages OF
this beautiful spot
Long before IL O'Clock the children and misses
began pouring into the garden, and distributed
themselves according 10 inclination among the
beautiful bowers and noble old shade trees in
baliDg the bamy end perfumed atmosphere
always pervadiDg this delightful spot Here they
waited until an hour or two later, when the cars.
specially provided by Mr.. Superintendent Reid, of
the Csrroliton road, brought up the bulk Of the
juveniles, with their pastor, teachers and super