davidaulloa/AmericanStories huggingface dataset:
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
POLITICAL.

Ths New York Herald says Seymour's speech
was al argument fvs Chase and against Pendle-
ton.
Wendell Phillips says: Z" Men say the chief jus
ice ID selling his soul Tor this empty chance of
nomination. No, gentlemen, he has no soul TO
sell. That went 30 rs own place long ago, when
Margaret t,aruer went % mon beheatn tue gurg-
ling waters of the Ohio To- bear witness against
Americsn democracy and American pieiy a. she
had seen them in he bastard and selfish lace OF
the Ohio governor. since then only the empty
sheath OF 4 MAJ has banned tue senate cham
bers benches nd presidential eonven i,us as dead
misers hsuut he treasure Tor W ich Their souls
we've sold
Wendell Phillips says L" Seven States have
been rssdmitted and Will soon lake Their places
No one claims that they are ready OF nj Tor places
IN Congress. But the Grant party needs them.
We sink principle and risk the negro Ia order TO
eieri Grant
The Washington correspondent OF the Cincin-
natl Gazette, describing senator Hendricks, sayk :
Mr. H.udricks Is PLAN, heavily Duit, substIn:
tsLlot king man, showing his scotch Irish descent
in appesraUce and habits. as well a Ia mental
characteristcs; is smooth haven, darkhalred
with large head and hleh forehead. de Is reputsd
he best lawyer, next TO Reyerdy Johnson, ca tlr
democratic side q the Senate, and If clear, FOR
chile and plrasant speaker. Politically, he Is no.
oni.e So obnoxious to the war wing OF the Demo
tfacy 81 Mr. Pendleton."
The lsrest gossip from New York takes TIL,
shane: AFTER a complimentary y0fe 70 Pendle
ton the Hon. HOTatiO seymour VIII ne CHOSEN b
: bardsome majority rs the candidate for the
nrssidencv. Il is stated that his recent speech
vas evoked with this view. The New York dele.
cation sre aH present, and unanimously IN favo.
- Se,n,ouris nomination" The Cincnni ri
Arabs will he there 10 day or two, and the gOs-
siner's sphere of observation being thus enlarged,
he NAV change bis opinion a. TO the result.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02


Thomas L. Maxwell yesterday assumed the
duties of his Office as civil sheriff of the city
and parish. Mr.. Maxwell, after being duly
qualified, was congratulated by all the re-
spectacle members of the bar who happened
to be present For ourselves, we hardly know
which of the parties to congratulate the more
heartily, our friend Tom Maxwell, or the at
torneys and their clients. whose legal processes
he is to execute. The one has an Office in
his possession which we know he will exc
cute with diligence, fidelity and intelligence;
and we hope his worldly fortunes will prosper
from its emoluments. The legal fraternity
have an executive officer whom they can trust
implicitly with any amount of money, with
any process of responsibility, no matter how
valuable or how perilous.
Sheriff Maxwell took hs official oath in all
of the district courts-six in number-now
organized; and as soon as the Supreme Court
shall have opened for the fall session he will
be also qualified by that tribunal. The Su-
preme Court adjourned for the summer, if we
are not mistaken, on Monday last
All the deputies of the retiring sheriff,
whose functions are connected with Mr.. Max
wells department, are retained, for the pres
ent, at least. What changes may hereafter be
made, we are unable to state Mr.. Maxwell
very properly keeps his own counsel
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

I4wLFssyEss IN TExAs-The war department
has received from Gen Reynolds commanding in
Texas letters showing that there is a great deal
Of crime in that State. and slsO an order he has
issued in The matter, Of which the following il
the material part;
Reliable information received at these head
quarters shows that in many counties In Texas
eTpasized bands Of lswless men are committing
murders and otherwise violating the laws aud
disturbing the peace. IL is therefore ordered that
All civil officers use increased diligence 70 arrest
portes so of.nding. For this purpose military
aid will he rendered on application to any post
gard to offenders is requested from all citizens,
and such information may be sent direct 10 these
beadqu srters or TO The most convenient military
est. When the civil officers fail 10 discharge
her duty, evidence to this effect IL requested to
the end that proper steps may be taken in the
premises"
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
Another Life Insu ance Murder.
AN TX-BosToN CUSTOM HOUSE OFFICIAL TIL
HUNG.

AN Tx.BOsToN CUSTOM HOUSE OFFICIAL THE
CRIMIkAL-HE POIsONs HIS WIFE AND Is To BE
hung.
In 1866. man named Charles Tucker, who had
served in the army. visited Govern Andrew and
them eXpectant Governor Bullock frequently +,
ana Oeslred them TO procure him position Ia c
custom House. He dwelt so forciby upon MS
army experience and service that they final y
gave him letters which insured him position at
the Custom house but not until he had managed
tn borrow sums of money OF one or both. IL
had not served maGy months at the Gust m
House when he was de ected in stealing quantity
of butter fis immediate discharge followed,
taking effect on November 10, lS66 He was ar
ia gn,d IN the nun cpal court on the charge Of
larceny. ana appealing from sentence imposed,
was held IN $40 for tTai, and LETT fOrfeitng his
bonds. There we're other complaints against MIN
when he disappeared with his wife. young lady
whom he married shortly before he lett Boston.
She had been travelling sgeut for firms who
publish books by subscription.
He vent from here to Troy, N. Y, under the
assumed name of NJ ison.
in MaICh. 1901 be went 10 Rochester and was
follow ed soon after by his wife, where they
tnaiLed until the middle of June, whea they
went To Buffalo. lie made an application on
behalf Of himself and wife TO an sgent of the
Connecticut Mutual Life Insurance Company, al
Rochester, for policy Of $1,000 upon the lives OF
himself snd wife, payable 70 the survivor on the
death of either.
The application on behalf Of the wife il signed
by Mason, and the certificate of tho examining
| physician states that she is person in good
health, sud so the concurrent testimony proves,
| except that while at Rochester che applied the
aIr-ba'h treatment for the purpose OF reducing
| her flesh, but which rather Increased it, At the
time Of her marriage her weight was l75 pound,
| which had increased 10 10 at Rochester.
Mason remained ia Buffalo with his wife until
| the middle Of July. when be went TO LOckpOri
sud opened an Office for the sale of certain works
| by subscription, spending two or three weeks
| there. About this lime she was taken sick with
| vomiting ard disrhes. she was taken to Lock
| port IN December and there died. Some three
| months sftergsrd. when Mason went to dollecl
| the s500O HIS conduct excited suspicion, the
| body Of his wife was disinterred, aud it ws'
| found that che had been poisoned. he tired
| aud convicted al Niagara recently, and sentenced
| to be hanged in August next.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

The COTTON CRoP OF ALABAMA.-rhe following
dispatch from the British consul az Mobile has
st been received by the Manchester Cotton
Supply Association:
british CONSULATE, MoBILE, MAY 26, 49,
M Lord have the honor 10 submit TO your
lordship the following intelligence Ia regard 10
the past cotton erOD Of Alabama and the present
prospect for the next crop:
ON the LIST of September lsst-that date being
considered here as the beginning of the cotton
season-the number Of bales stored at Mobile
amounted 10 37l4. Since the LIST of September
1861 the present date the receipts at this port
iron the interior amounted to 3jl ,49l bales. which
|, shout much as was expected considering
the bad season and the uncertainty of labor every
where in the South at the very moment when IL is
most needed.
Some months sgo, owing 10 the very low price
of cotton. the planters of Alabama were eniirely
dieheartened, and talked Of giving up cotton
raising as altogether improbable but the great
rise IN the value Of cotton during the months n
March ard April has produced general reaction
and the belief now exists that with fair season
az least 400 900 bales will be produced in Ala
bsma alone. The Overlooking of many planta.
tons and other lands, occssioned BY the never
ending rains of the last thirty days, has done no
msterIal damage, for the cotton Is up, as well a.
the Indian corn, and the negroes are working and
conducting themselves better than usual. Thi.
is owing, roba oily, to the fact that the political
excittmeDt among the blacks before the election
Of last year is not likely to disturb their minds
this year. Money is again more plentiful also,
owing TO the rapid advance 10 cotton; aud now
that their shipping season il about 10 close N st
of the cotton having arrived az the ports, the
planting interest is stimulated, the depression has
disappeared, and the prospects highly favorable.
"F. cnTDLISD."
The Ritht d nOr.ble L0rd stanley p, FOrega Once
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

Story OF EDWARD bvERETr.-Mrs. Child tells
tie follow ing story in a recent Boston paper:
When Mr.. Everett was preparing lecture or
address he is said to have been IN the habit OF
arranging everything very carefully before
hand. When about 10 deliver q speech a.
Lexington in cOmmemorstion of the battle
On the 18th Of April, l775, be inquired whether
airy one who had fought on that occasion
were stu living. Being informed that one old
man survived be called upon him, and after seine
conversation concerning the events Of the Revo-
luton. he said f" In my address shall make al.
lusion 10 those who fought at the battle OF
Lexington. want you to sit in front of me, and
when begin 70 allude 20 those heroes | want you
20 stand up. The old soldier obeyed his instruc
tons but az soon as be arose from his seat, Nj.
Everett EXTENDED his srm az the st8tue now doe,
and exclaimed, "Sit down, venerable sir! Sit
down II Is for us 10 stsad ia your prese1c e.
The aged man obeyed the direction, but ia the
sin ? lefty Of bis heart he was quite b ~dered by
-uch contradictory orders. He had 40 idea ho~
Elects were produced in orstory. and he after
verbs said to friend q I doh't know what Mr.;
Everett meant. First he told me TO &c, %, and
Ihtn when got q be told me 70 sit do 6n"
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
ORGANIZATION DE NOvo.

The trouble in the Mechanics Institute is
that the motley caucus which meets there
and pretends to be regularly organized legis-
lature, is not prepared to act with either hon
esty or logic or to respect any law that does not
coincide with its licentious designs. Messrs
Dunn, Isabelle and the rest have no shadow
of warrant in the State Constitution, in parlia-
mentary law, or anywhere else, to dispense with
the requirement of the test oath and to admit
the sufficiency of the constitutional oath, as
a generous concession ON their part which IN
no way reflects upon the validity of their
preyious action. If the constitutional oath
is the only proper oath to be taken
hereafter, it was the only proper oath
to be taken from the beginning. And If
there is no obligation to impose the test
oath hereafter, there was no obligation to i'm
pose it in organizing the two houses. Hence
there can be at this moment no legal organi-
cation of either house. Both houses must
be organized de MORO under the constitutional
oath. if the Constitution is recognized as the
organic law of the State by the men who pro-
pose TO act as the Legislature of the State.
This return to the beginning would, of
course, cancel all the proceedings-the I'M
seating of the Democrats and the admission
of radical contestants by packed committees,
and the like-which have been taken by the
pretended organizations of the two houses.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
ss- see Supplement.

In another column will be found the notice Of
the dissolution of that old and very well-knoTu
firm, Biscoe & Simms. Mr.. Biscoe has retir d
and Mr.. Simms has formed copartnership with
Messrs. L. c. Levy and Jno. Denegre TO continue
the business. These gentlemen are all well known
10 The business world, and commencing. as they
do. as the successors Of such firm as Biscoe &
Simms, have every reason to anticipate that uc-
cess to which hey may very justly consider
themselves entitled. Good luck 10 the new house.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

TEXAS CATTLE.-Csttle from the almost bound
less prairies OF Texas now brought - -
Louis, and are becoming common in Illinois. Ia
transportation j. costly but the trade has already
grown to large dimensions.
Why is it not practicable, with the invention of
Proft ssOr Horsford, Of Cambridge, to slauqn A.
The cattle where they are raised. and, leaving the
bones and otisl there bring on 20 the Eastern
markets only the meat, preserved and fresh, in
far better condition than it can he after the
p'or beasts have been penned up in close cstlls
cars. halt starved and parehed with thirst
posf
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

. Passengers per steamship Harlan, John Lewis,
con mander. from Indianola aud Galveston:
Mrs. Carpenter, skipwth n.j'r HasgerfY, D..
Cohen M Reid, Rusy snd daughter, Mem ,hon
Mrs. Plerscn, RifhHloni, e.. ". FeltOr. Wen
Grimes and six on deck.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

The English pawnbrokers complain, it is said
that Their interests suffer severely from the fire.
quent changes 10 female fashion, and that. when
articles Of clothing pledged with them are not re-
deemed atthe END Of twelve months, the changes
Of fashion greatly deteriorate the value OF such
articles.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

LOOK AT TIE RuISs-Aye, look at the ruins of
what were once magnificent sets Of teeth, to be
teen everywhere in society. Look al them, and
ssk yourseif 1t u is not marvellous that such de
s'rucriou is permitted when. by simply using soL >
dent, sny teeth. bowtyer fragile NAV be preserved
from decay or benish az lohg as life Issrs.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
UncOIOred Japan Tea.

We hsve Just received h chests Of this delicious TEA
the finest that could be bought in NeS York
ketaI price 5! so yer pound
j. W. PLATr & CO..
Crocers and Tea Dealers n ? Camp STREET Poydras
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

SThbEEs.......ss ''s'''"
a. sEOUssEAU a 90, importers, Offer a iow PIE
n AkPETTkG-E gish and American OF All kinds DO
furniture and enamel OIL CLOI Hs; MAIIIN6-3h 70 10
hinA, 100 pleces Cocoa; WINDOW SHADES Table sc
PIANO Covers Crumb ClothsOrusget uen and Feiti %
..ius-Lace Rsps WOrsted. Damask etc Furniture Oor
Rsd Cotton striped; Co-r'~-s e.7%s. Prs &c.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

Strssser, the executoner Of Pesth, who did
Hsynsu's murders, has committed suicide through
Temorse in his seventeen year.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
Jas. n. Thompson,

MERC CHANT TAILO
No. 750 broadway, Corner &C Eighth street,
RFw YORK
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

Poss orusH. New OIleaa- Nov 30 ists
ga tursbsr Malls - ths view ~ 1aui Pea; Ou
eli Be closed follows
n lis for Mobile Montgomery, Atlanta, Angustt Oc
lunbus. Ga, close daily stsrs
fsnst Mall ali Oioes AZ liver 1sgei,
Sara closes Mondays stap snd FndssrstsAu
yeksburs Mails close stsr Tussdsv ans SATURDAY
sis the River
sAns tor Lower Cs.., close at a sven rus.asy ,1s
Friday
rhur.dA5
Haii. sor Alxiers close daiiy 81
Mail. for Stations Opslousss Arosa viii close eNy
lPs
nails for Lsiourooe Parishes oil Mondays, Ws5uls
dats and Fridays. st5
sas for gaivestob. BraEos s1nliags and srssusatIs
Texas. clos. 81 a =. Sundays, ruosoayt rhursdsyg
and Saturdays, "a Opelonsss Railroad
sails for siver eioss ~ - ~sdnesasyt Gao
saturdays, via the River
ssis sortbessaers Evor, ~
Tuesdays Thursdays and ssturdsys
sss tor Havana ~n hs srFsreos ~ svoy clssrn1
Tor said Por
sails NortA gast .ad Wsst va Ne~ Orleans ana Is,rscu
Railroad. close daily atsF.
Fay saiis jackson Railroad closes At BAh
OFFICE HOURS.-Opsass a a., ei.1ot -
yas Delivery vii he kep, epss art 1Fn
sUsnANe -oSes eps.sq "a -, suo cisssslfu
r. ". TALIAFEaRO,
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
IRON Cotton Ties.

In addition TO the celebrated ARROW TIES, now
prepared from the trade for the sELFFAS
TIMING BUCKLE TIES all made Of the best quality ENG
Hsh lron and BANDS Of any required length.
II. 7. BARTLETT,
General rent. a. Csrondslet street
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
Pure. SpnrkIimg Ice. cold Soda,

yIcHY, ESSENCES. BADEN,
BLUE LICK and sARATo3k YATES.
vi ''''f- Is. HASTINGS,
corner FereitS and Ma, .zius strs-tu
Fruit syrups Of ny Own make OIL, are ssed
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
$4,000 Resunr@.

STOLEN nom the CAEAL BANK, THIS DAY. p.cs
made mp tor the Southern Express CompsNy sddrss.
NJ MORGAN'S SONS, New .ork, ooutainng FIFTY
THOUSAND. CsS, COD DOLLARS IN Legal Tender Note
Of One Thousand $1,000 Dollars each Al Of Lcttof .
Igg1
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

The LATE WIN. H. AvERY.-One more of
our old, and estimable, and eminent citizens
has been taken away in the death of William
H. Avery, which occurred on the 18th ult., at
his plantation in the parish of Iberville. A
native of Virginia, for about forty years past,
Mr.. Avery had made his home in this city.
In private business and in public position he
was equally distinguished for high character
and ability For many years he was presi-
dent of the Louisiana State Bank, and was as
sociated with number of the strongest COM
mercial houses. And in all these relations he
was noted for uprightness and efficiency. Use
full as a citizen, cherished by friends and rela-
tives, an ornament to the social circle, he
leaves q void.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

MEMORIAL ASSOCIATION
sud,ey Church. May a. 1868.

We the Ladies residing and In the vicinity Of Manassas
ard Bull Run battle fields, have orned ourselves into
society known by the Of the MANASSAS MEAOaI
ASSOCIATION and have for object the rsntsrment
Confederate dead scattered in groups isolated
graves for many mes, and liable be obsrated bX
ploughshsre We solicit aid fr0m sisters
Of the South and, indeed, every Shers We're IL oJ
poverty would net cali upon you 10 order have
decently Inferred and neosod In Ceustery 5000
win be needed.
Those Of friends distance who contnbuts
do by addressing Corresponding Secretary Miss
SUE N. MokROE, GAINESVILLE, Prince William county,
Virginia.
MISS ANNIE NJ. LEWIS,
President
MISS MARY J. DOGAN,
MISS NJ. u. COMPTON,
Vice Presidents.
MISS MARY r. CUSHING.
Recording Secretary.
MISS SUE NJ. MONROE,
Corresponding secretary.
MRS. ADDIE 8. WHEELER.
Treasurer.
Contributions for the shove purpose received
the CRESCENT OFFICE; BY WOODS MATHEWS 4
CO., No 9S Magazine street and BY Mrs. MARY
DEACON.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

~. IA. Thompson,
PURCHASING AND COLLECTING AGENCY,
NO. Is EAT TWENTIETH STREET. NEW YORK.
1rzcAE AGENTS. oELHAHS oEBs0ESIJ
Al oisssss Il HEkOaAEDIsK AGRICULTURAL X
ELEMENTS, etc, &c, purchased on commisssn
Coed spuTcnssss only Of arst class Houses sss loo
sot low than parties purchase themselves
sufficient must he tied freight Anc COS
Missions, the balance PAYAsLE ON 9ELIvERY.
Commissions sot sxcssdug sln 2 per eat e. I
sssdns fus. ~ per cent
Collections on al DOiuts promptly ATTENDED ~
Rsisrsnoe-OOL J. o. NIXOS, PToprssa@ o. %
- nyA~.n. r-ssss~-
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
RH0lOu1S

"PA HAN LOTTO n "
FOR
BEAUTIFYING THE SKIN AND COMPLEXION.
PHALONS Psphisn Lotion removes all ERUP-
TONE FRECKLEs PINT Les, MOrq BLOrCIES,
TAN etc and renders the SKIN Sof FaA and Blooming.
For Ladies in the Nursery it is invaluable For Gentlemen
after Shaving it has equal Paphian Lotion Is the
only r.b remey Tor diseases and emshss Of the skin
PHALON'S Paphian soap for the Toilet Nursery and
Bath will not Chap the skin.
Il Price 2s cents per Cake Sod bv all Druggists
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
important to Lawyers.

THE ACTS OF THE Last LEGISLATURE
Held begun the 2sth Jsnn@y, 1851 city Ne
oreans No lawyers library eampste Without ihis v,uss
work.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

The public cautioned against trading for the same
the reward for the recovery Of the money
Gu. KNOXVILLE,
New Orleans March "a l96s r.shier
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

JAMES a. GREssd AM,
BOOKGELLER AND sTATIONEn,
% CAMP STREET.
kssDectfull, calls the attention sebsru o. 90 saf
A..
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

InprOreG
SOUTHERN PETROLEUMs 'rOvEss,
JERvEY'S PATENT.
The PETROLEUM STOVES bake and cook better and
quicker bsn any otherss without smoke dD "sas %
mp ssssnt Odor
The be daily operation = al h"nrs Al
Johnstsns Lunch sand, in the Mereh.ns hhcnAnse ano
also At the est-bshn ent. No. I65 Magazine street
OIL foI htovss st IS cents per s-iioni
Jos r. DE MANY.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
..Southern Lamdsn .rgeney.

We offer our services for the disposal Of LANDED PRO
PERRY, etc, in the southern States References and in
formation prompt given
LIVINGSTON, ECERTON b CO.,
No 50 Liberty street New York.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
Fassmamn,s C0ftOn Ties.

We have Lsrge Supply Of the celebrated ALLIGATOR
tbs on band. which unsurpassed in quality Of iron
ing Of beet English manufacture and fully guNane ed
Also, EASSMAhN's BUTTON TIES, and DIAMOND
Tlt s SO extensively used In former years
For sale In any qEantty 20 suit purchasers.
CHAMBERS d LArTING,
81 Carondeet street
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02
POtfhOG s. Knight,

O0.................CAMP srREET.................Oa
Importers and Dealers In
Paints, OILS, Window Glass, Stained and
EAameled Glass, A tist.' Materials. etc.
POTTHOFF & KNIGHT,
% Camp street, Agents for Engsh Plate GLASS.
The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-02

photographs
OF ALL SIZES. PLAIN AND CoLoRED PICTURES
Copies OF Pictures
Made by before and during war be apply
ing nj my Old Stand lCl CANAL STREET, where I cau
he found daily, and shall be glad 20 my old endR
and the public generally.
JOHN n. CLARK.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-07-01

a noIe pT0sequi will not bar second In
dictment, because no judgment can be
pronounced on verdiCt under an invalid
indictment, and hence there can be nc
Jeopardy under it.
.. Where the indictment is valid, and
a jury has been elected and sworn, the
jeopardy to the prisoner is reached, and
except In case of legal necessity, the jury
cannot be discharged against the consent
Of the prisoner; and if 80 discharged,
the prisoners constitutional rights are
violated, and be cannot again be indicted
for the same offense.
3. The same strictness as to the exist
ence of the legal necessity does not exist
in cases not capital ,3ases. Over each
case, for the attainment of the ends OF
public justice, the Court has larger dis
cre!ion in entering MOLE lOrOscqti and
in the discharge Of the jury.
4. Under the Code, 5l27, this indlct-
ment was valid. The prisoner under it
could have been convicted Of stealing
the property of the partners, although
the Indictment laid the title in one only,
and there appearing no legal necessity
for the discharge of the jury in this case,
the prisoner cannot again be called to
answer the same offense-and he will
now stand discharged.