The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-01-05
GRO JURIEs 8.
The Question Before the First District
Court.
ARGUMENTS OF COUNSEL

twill be remembered that, in August last, Gen.
Sheridan issued the following order:
The registration of voters of the State of
Louisiana, according TO the law of Congress, be-
iDg complete, it Is hereby ordered that no person
who is not registered in accordance with said law
shall be considered as a duly qualified voter of
the State of Louisiana. All persons duly regis
tired as above, and no others, are consequently
eligible under the laws of the State of Louisiana
TO serve as jurors in any Of the courts OF that
State.
" The necessary revision Of the jury lists will
Immediately be made by the proper officers.
IAN the laws of the State respecting exemp-
TORS, etc., from jury duty, will remain in force"
copy of this order having been served upon
the sheriff snd the judges Of the several district
courts, in the First District Court, Judge Howe
being absent, and Judge Thomas, Of the Second
District Court presiding, an order was given by
| him that panel of jurors, two hundred and fifty
IN number, should be drawn, in obedience to Gen.
| Sberidsns order, from the registration made
| under the reconstruction act.
The sheriff complied with the order Of the court,
| snd panel of mixed races, white and black, was
| sun nmoned. From that panel grand jury was
chosen consisting Of whites and colored and that
grand jury was in authority until Gen. Hancock
arrived, and some days after his arrival he issued
the subjoined order
1.-THE true and proper use of military power,
besides defending the national honor against for
6ign nations, is to uphold the laws and civil gov.
| ernment and to secure to every person residing
| smoDg us the enjoyment of life, liberty and pro-
| perry. 1t is accordingly made, by act of Con-
gress. the duty of the commander of this district
to protect all persons in those rights to suppress
disorder and violence. and To punish or cause to
be punished all disturbers of the public peace aud
criminals.
1.-THE commanding general has been officially
informed that the administration Of justice, aud
especially Of criminal justice, in the courts is
cogged, if not entirely frustrated. by the enforce
ment OF paragraph No. of the military order
numbered special orders l25, current series, from
81 ,aI IL Ar
A. d. 1861 relative to the qualification OF persons
to be placed on the jury lists Of the State Of Lou
isiana.
'' To determine who shall and who shall not be
| jurors appertains to the legislative power, and
until the laws in existence regulating this subject
| shall be amended or changed by that department
| Of the civil government, which the Constitutions
| of all the States under our republican system
vest with that power, ii is deemed best to carry
cut the will of the people expressed in the last
| legislative act upon this subject.
Tie qualification Of juror, under the law il
| a proper subject for the decision of the cOurts
| The commanding general in the discharge of the
trust reposed in him, will maintain the just power
Of the judiciary, and is unwilling TO permit the
civil authorities and laws to be embarrassed by
military interference; and as il is an established
fact that the administration Of Justice in the ordi
| nary tribunals is greatly embarrassed by the
| operationsof paragraph No. 2 spt cal orders No.
l25 current series, from these headquarters ii is
ordered that said paragraph, which relates to the
lists of the State Of Louisiana be. and the same is
| hereby revoked. and that the trial by jury be
, henceforth regulated and controlled by the Con-
| sti'ution and civil laws. without regard to any
militery orders heretofore issued from these head
| quarters"
On the reception Of this order Judge Howe
| who had returned from journey to the North,
| aud resumed his seat on the bench, directed the
| sheriff TO discharge the grand jury that had been
folmed under the order of Gen. Sheridan, and to
! dsmss the entire panel. At the same time he
| commanded the sheriff, who then was the present
| incumbent, DR.. Avery, to form new panel "ac-
| cLrdiTg TO law "
| The sheriff, complying with this order of the
| court obtained list of the voters registered un-
| der the law of the State in 1865, when the elec-
| tion for parish officers held, that being the
| last registration under State law, and put the
I9mes in the jury box, and drew another panel of
| two hundred and fifty, which consisted as the
| registry from which II was taken did, exclusively
of whites, and from which grand jury was
| selected.
| That grand jury, in the performance of their
| high duties, found true bill against @. Waltz
| ude, (yhite,) for an alleged murder, and against
| sone colored men also for murder
| Mr. A. p. Field, as counsel for some Of the ac-
| cused parties fled a motion to quash the indct-
| nent, on grounds, which, eliminating the repeti-
tons and redundancies of pleadings in law, may
| be briefly stated as follows:
]. That the grand jury impaneled under the
| order of General Sheridan was legally coDstitu-
| ted body, and was illegally dissolved before the
/ expiration of its term, the term of grand jury
| under the laws Of the State being three months.
2. That the grand jury impsneled after Gen.
! Haneock's order was issued, and which presented
! the bills Of indictment proposed TO be quashed.
| was Illegally constituted, because the members of
| the Jury were taken nom the registry of 1865
! which was exclusively white registration; be-
| cause later registry OF blacks and whites had
| been made under the reconstruction acts, which
| would entiile blacks TO he iarOrs, and because
| several gentlemen en- the grand jury whose
l MI IN disnufa had haon disfrAn-
| chised, and were, therefore, not qualified TO be
jurors, either grand or petit.
| These great questions were argued yesterday
| before Judge Howe, who. in order that the re.
! marks Of counsel msy be understood, II ia neces-
| ssIy 10 remind the reader, was appointed by Gen.
| Slerdsn when that officer removed JGdge Abel.
| There was some lawyer-like maneuvering in the
| beginning q recital of which would be uninterest.
ing to the general reader and it is not called for to
eUcidsie the main argument which was as TO the
! right Of colorej people TO be jurors.
Some Of the sVerments in The plea of Mr.. Field
rot being admitted by Attorney General Lynch,
Who, with District Attorney Luzebberg, repre-
! sented the stare, Witnesses were called 10 prove
| the facts. This was a matter out of the great
| question al issue, and was of minor importance.
| Mr. Lynch oontended that the grand jury impan-
eled under the order of Gen. Sheridan had been
| improperly impareled, because, be argued. the
list had not been prepared by the sheriff and
clerk and submitted to the court, as required by
| the statutes of the state.
On this point Mr.. Hubbard, the chief deputy OF
the sheriff in this court, and Nr. Trepagnier, the
| cleik were examined. Without going into details,
The material points OF their evidence may be
| stated thCs
No list was selected by the clerk and sheriff. Ii
| was understood between those officers and Judge
| Thomas that the grand jury should be half white
and half colored, eight white men and eight
| colOred The names of the panel
were called, and as they came to the
| judges bench they made their excuses for
not serving or fiRnifsd their unwillingness to
| serve. The judge designated several as grand
| Jurors, before tie express recommendation or aD-
| proval OF any of the panel by the sheriff and
clerk was asked, and they signiiied their approval
| OF those who were subsequently selected by tue
| clerk. Il was elected in the cross-exsmination
of Mr. Trepsgner by Mr. Field, that the sheriff
wss present-with him, aud that neither he nor the
sheriff objected to sRy Of the jurors selected for
tie grand inquest by Judge Thomas. Professor
Vale. the State registrar OF voters, was also on
the stspd put bis testimony only related to facts
nj rahliclu knnGn thai the rea.atrz q