The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-05-26

K f. i-iS
Umpire-Wm Shepard, of Southern. Scorer
for SOuthern-R. E. Warren. of Southern. Scorer
for r. +. Lee-GeOrge w. Young, OF r. E. Lee.
Time Of game-2 hours rs minutes.
FIREs-A mosquito bar caughtfire in the house
of Capt. Brousseau, on Orleans street, between
IRENE end st. Cloud, on Saturday night, but the
flames were fortunately extingushed before they
extended farther. About seven O'Clock in the
morning Of the same day similar accident oc
CURED in the residence of Mr. s. Sabery, No. l62
Dryades street, supposed to have resulted from
careless use of matches by children. who we're
playing near the bed. Little or no damage was
done, however.
Early yesterday morning an attempt was made
10 set fire 10 the house of Mrs. Zeiger, corLer of
Derbgny and Gasquet streets. The flames were
ex'inguished in season to prevent serious damage,
slthough son of the occupant had his hands Sc
riously burned in putting the fire out.
THE CHARGE OF BAEEGTRY AGAINST A. 8.
MANsFIzLD--Ths above case. postponed from
Saturday last, was resumed yesterday morning
before U. E. Commissioner Weller.
Judge Merrick, for the prosecution, opened
the proceedings by proposing that with view to
showing whether the case was bailabe one or
not witnesses should be heard. The prosecution
proposed to show that the accused was not en-
titled to admission 10 ball.
Mr.. Stone, for the defense objected to such a
course taking the ground that the case had al
ready been fully submitted.
Judge Merrick replied that Ii would be impos.
sible for the commissioner, not having heard the
evidence, 10 say whether bail should or should
not be taken. In order to decide this question,
be now asked for an opportunity to show that the
Gaze was an aggravated one, without any point
upon which the accused might lay claim to mid
g6tory treatment.
Mr.. Stone resumed, arguing that the case had
been fully submitted, and that there was no longer
room for the introduction of testimony.
The commissioner appeared to coincide in this
opinion, and then read the following decision:
"This is a motion made by the assistant counsel
for the government to commit the defendant to
prison, as the commissioner is called upon
| TO decide whether the evidence is sufficient to
warrant him in holding him to respond to the
charge in the District Court"
Blackstone, in his commentaries on the law,
| vol. A. page -, says: If on inquiry it manfestly
appears that no such crime has been committed,
| or that the opinion entertained OF the prisoner
| was wholly groundless, in such cases only is it
lawful totally TO discharge him, otherwise he must
| be committed to prison or give ball.
"The affidavit of the prosecuting witness who
| swears from the information which be has re.
ceiyed he believes that the prisoner is guilty Of
| the crime charged, is deemed sufficient evidence
| OF probable guilt TO hold him for trial.
"The second question is, has the commissioner
power to accept bail in 4se where the penalty
/ is death The act OF Congress referred to by
the assistant counsel for the prosecution, which
| was passed in 1893, does not apply to the cdse
| That was designed simply TO obylate the dithcul-
| ties which were then presented, because OF the
| immense extent of the judicial circuits and the
| spaIseness of the population, and applied only to
The particular persons appointed. Hence it says,
'iberefrom the extent of the district and remote
ness of its parts from the usual residence of any
Of the before mentioned officers, ETC.,
The act passed by Congress in I79s, says
'Upon all arrests in criminal cases, bail shall be
admitted, except when the punishment may be
death, in which case II shall not be admitted, but
| 10y the Supreme Court or a Circuit Court or 0
| Justice of the Supreme Court, or judge OF the
District Court who shall exercise their sound dis
| cretion therein regarding the nature and circum
| stances Of the ofense, and OF the evidence anc
usages of law.' (Brightly's Digest, p. 90.)
| 1.-The act passed on the 18th September, 1850
| expressly declares that the United States Comms
sioner shall be and he is hereby authorized dnC
| required to exercise and discharge all the power
and duties conferred upon judges under the act o
| l79S, which has just been quoted The commits
soner then, has no doubt whatever on the SUB
ject. The question then arises, whether this ls
| case in which the power should be exercisedY
"In addition to the affidavit of the prosecuting
witness we have two affidavits made by the pris
oDer, that this charge has been gotten up 70 extor
| money from him, etc. 1t is claimed by the gov
| eminent that the commissioner has no right
look into those afidavits in determining the ques
| ton now presented, because the evidence woul
| not be admissible before the traverse jury. In
| answer 10 that is, that the enforcement OF IN
. | rule would leave the commissioner without an
| evidence whatever because the affidavit OF 10
| prosecutor is based entirely upon lnformauo
which he has received from other persons, an
hearssy testimony would not be received by %
; iury 1t has frequently occurred thatupon mer
preliminary examination before magistrat
persons charged with capital odenses have a.
mititd TO bail, but the commissioner knows OF
? case, except that OF Nr. Jefferson DAVIS, penol1
| In the Virginia court, where bsil has been q
mitted after the indictment by the Grand Jur
The counsel for the government, referring to q
| celebra ed case Of Col. Burr, for treason, oml
ted to state the important fact that the chl
| iustice refused bail after he was indicte
! He saws he must insist upon the necessity
producing adjudged cases 70 prove that .
court could bail a party against whom
n sI9l Hence II was that the chief j.
tice, in consequence of the unhealthy con
ton of the jail and the inability Of mis- counsel
| 49, f-oa accaoo N him ordered a room 10