The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-04-11

and was remanded to await regular affidavit Of
assault and battery against the offcer, attempt to
steal and vagrancy.
The Auditership Quesslen--The lIotion for .
Demurrer.
Yesterday, the First District Court, In which are
fled The several indictments against Mr.. @. n.
Wlcklhe, auditor Of the State, for misdsmeanor in
ONCE. was crowded with people anxious to listen
to the able arguments delivered BY the counsel
employed in the case. The case, Is 1t appeared
before the court yesterday, was on the demurrer
filed BY MessIs. Semmes d Mott and A. p. Field,
counsel for Mr.. WickliHe, few days ago. in the
matter OF the indictments against Mr.. Wickliffs.
The state was represented by Attorney General
Belden, District Attorney Luzenberg and w. H..
Hunt, Esq. f-t : - a
The argument Of the defense was based upon
the constitutional provision relating to the man
Der in which the auditor shall be superseded in
office. and which 1t was sverred had not been Oh
served by the governor 10 this case. Mr.. Field
the creation of the Office of auditor, could apply
TO the case, because the Office of auditor had
since been made constitutional Office, and there
fore Mr.. Wicklifie could not be tried for misdes
meanor In bis official capacity the only method
OF addressing him out Of, or suspending him from,
office being BY impeachment by the House OF
Representatives. and that il was only after such
impeachment that Mr.. Wicklife could be indicted
before the criminal court of the parish.
ADott CkUCh tut case WAS buDmltteQ 10
Judge Abel. who stated that he would give his
decision by Saturday next.
Counsel for the State Expressed theis as.ao sass
the ssccD should be sys00 II ns ss
was bis desire also, but he had to consider the
question whether the statute of 1855 was still in
force, Notwithstanding the constitutional provis.
ion creating the office of auditor. The Judge also
expressed himself as though he had formed an
opinion in the matter but desired to give his con-
ueions at length. Thus the case rests at present.
We learned at late hour last evening that Mr..
Wickiffe had applied at the central and third pre-
cincts stations TO ascertain whether Governor
Warmotb had ordered any books or papers Of his
Office to be conveyed to hose stations, with for
what purpose or what result we are not informed.
Custom House Matters.
Collector Stockdsle, 1t was reported yesterday,
would not take charge Of his Office until to-mor
row Monday
Gen. Heron, Q. 8. marshal, yesterday appointed
Aessrs. w. G. Mcconnell and Julius Lowell to
take the inventory Of all the stock belonging to
the New Orleans, Opelcusas and Great Western
Railroad Company.
as register of land office and naval officer respect
lively.
fifteen hundred boxes 81 Havana cigars have
been ordered seized in Chicago by the secretary
OF the treasury, they being alleged to have been
Illegally Withdrawn from the Custom House ware
honse q: this port recently. II is stated that
Supervisor Creecy was requested to investigate
the matter, but declined on account Of pressure
Of business in his ogn department.
Mr.. Casey will, 1t is runored, take his seat as
collector OF the port tomorrow. His Office is un-
deTgoing a thorough sweeping and gsrnishing.
Whew how the applicants are beginning to
pile 1t Oh! Any man wAo knows Stockdale,
Casey or Dillingham; had better not let the people
about the doorways become aware OF the fact.
What next, An enterprising African has
opened a pie and cake stand within the sacred
precincts of the Postofice. Isn't he afraid OF il
becoming dead letter!
Military Matters.
Brevet Major General Frank Wheaton, who has
been made during the recent changes lieutenant
colonel OF the twenty-frst infantry, leaves this
morning to join his regiment, which has recently
left Richmond, Va, for the Pacific coast, pro-
ceediDg to Omaha by railroad, and thence march
ing across the plains. General Wheaton expects
to join lis command at the last mentioned point.
Gen. Morris Miller, who for the past twelve
years has been on duty in the q1artermsster gen
erals office at Washington, has arrived here, en-
route for Texas, where he goes on duty SIS chief
qusrtermaster of the fifth military district
The imposing edifce on the corner of Julia and
st. Charles streets, so loog occupied as military
by Generals Hancock. Rousseau and
has at last been restored TO its former
uses. the headquarters OF the department having
on Tuesday last been transferred to No. 220 81.
Charles street, where district headquarters form
erly were. The building was leased by the
United States, we understand at the rate of $4,000
per annum. For the present it remains unoccu-
pied, yet one passing by involuntariIy misses the
sentry pacing up and down before il, or the flag
flying over its roof.
There are now in Louisiana only the thirth-ninth
and fortieth regiments OF infantry-(both OF them
colored troops) which are to be consolidated into
the twenty fifth, by Monday or Tuesday next The
fortieih arrived on Friday, by the Jackson and
Memphis and Chattanooga railroads, from North
Carolina. where portions of it have been stationed
at Newbern, Goldsboro and Raleigh. II is now in
camp at Gretnvie barracks. The twenty fifth,
(the newly formed command) will garrison the
forts, and q small detachment will go to Baton
Rouge. Other than this, there are to be no troops
in the State. The following is list of the line
officers of the fortieth:
Cdptains.-Jno. W. French, Chas. Bentzoni,
Geo. l.. Choisy, William ]. Broach. Chss. B. Gas.
kiel, David Schooley, 7. VIC Moore*, Wyllys
Symsn, Frank NJ. Cox. William Welsh.
First Liesaendnts.-Thos Logan, Edmund Rice,
Fredk. A. Bailey. VIM. N. Danieson. Daniel Hart.
VIM. B. Nesbitt, Erskine III. Camp, Andrew
Geddes, Fredk. A. Kendall, Walter 8. Long,
Edwin ]. slivers.
Second Lieutendnts.-David B. Wilson, Chss.
E. Hargons, Edwin Allsworth, Louis E. Granger,
] no. ]. Cagin, F. II. Hathaway, Owen J. Sweet,
Wallace Tear, Jas. T. Simpson.
Mot present.