New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-30

CENSOR AND THE RECORDER OF THE
FOURTH DISTRICT. - -

| EDITOR REPUBLICAN,:
The following card was addressed to the Times
but that paper having declined to publish it, you
are respectfully asked to do -.
| NEW ORLEANS, July e. 1870.
| Editor New Orleans Times: ,,.
sIK--In your paper of this date notice the publ
| cation of communication from person styling
himself Censor in which the writer undertakes to
critcise me somewhat severely.
Thomas .,n. comn,nication' need not Withhold his
proper name for he is SO often in print he has SO
repeatedly thrust his real OF imagined grievances rs
| occasion his predomnating CHARACTERISTIC, vision
ary ethereal ideas, permeate all his productions,
that the reading public kno" Tue ahof at 'he nrst
| glance. ,.,,uo INV ;no,;r.+ior 10 in.
duge the gentemans ruling passion by , sx up
| an opportunity to display to your readers MS
literary ability nor could co D ,nauf Himself IF
| tn NV personal affairs but when he ques-
tons and willfully, otherwise mlsteprese ah
| NV acts as a public officer, feel that l oug 1
to- correct the impression he attempts, TO make
| upon those who have confided to me pu6Lc lrust,
and show them that as public servant nav 70
| BETRAYED their confidence nor permitted mysGn1 ~
| be carried away by "Censors' prejudlces. WIN
no desire therefore, to address myself 10 INN D.,
lowed the privilege of giving the other, the dlsn-
terested and, consequently, the unpreJudlced sue
On the tifteenth of the present month, Mr.. How
ard came to my Office and made an affidavit, iroIn
information received" against somebody wnos d
| said person with having committed an assault ana
| battery upon his little son. He dictated the am
davit in person, and l must confess fhat, had IL
| emanated from any other person than gentleman
claiming to be an attorney at law, would al once
have rejected it, and instructed NY clerk to make
an affidavit for him. account of the irrelevant
surpusages with which it was encountered: ! sue
oweyer str &c nT h rrn
that he was informed by somebody tnat nia.
whose name was unknown, whipped MS
driving ii car No. l6 Of tie Apollo street line.
Upon this showing warrant was issued and
mai named. James Kelley, whom l had never
seen before was arrested and brought before me as
the person who drove the designated car He was
and d. not h s S snf
examination of the case was fixed FOR Tuesday the
nineteenth of July, at half;past nine A NJ As is
usual Mr. Howard was notified to leave the names
of his witnesses. He did SO, and they were duly
notified to appear On the nineteenth, at the desig
mated hour the case was called. The accused having
upon his arraignment, the fifteenth, denied the
| allegations it was therefore incumbent upon the
complainant to prove them not for the court ITO 10
time the accused, 4, in constructive custody,
present promptly to refte the &c charges arg =,
the witnesses for. the prosecution-;he one
whom Mr. Howard said he relied upon
pear. The defense desired to be exam
ned if possible, and asked that the absent witness
be attached and bron$gt IN to winch tue attorHey
letlat he would rather proceed with the exanina-
ton OF such witnesses for the prosecution were
present reservng the right should il appear neceS-
| sary after hearing the evidence for tie defense,
and they resting their case, that the evidence OF
| the absent witness for the prosecution should be
taken at some future day.
hold that committing magistrates functions
| are not exclusively to adhere to the prejudiced
feelings of the prosecutor who chooses to appear III
| the of the State, in the double capacity OF
complainant and prosecuting attorney, but 10 do
| even handed justice impartialy, between the
| State those who appear before him IN the name
| of the State and the accused. II Censor will
prevail upon his spiritual associates TO return to
| him small portion of his former knowledge OF the
plain principles OF Jurisprudence IN criminal
proceedings, he will not hesitate to acknowledge
that his suggestion to introduce witness TO be ex
anined i'll chief after the defense has rested its
case, is an innovation as injurious and dangerous TO
the legally recognized rights OF the defendant as It
| is novel; and l will hazard my reputation as
'tradesman," that can quote more sound legal aC
thOrities against tile views OF Censor" than he
cite in their favor that the prosecution i'll criminal
proceedings can Introduce no new evidence III chief
unless for rebutting purposes after it has rested Its
| case, and the defense has been heard.
True, examination before committing magis-
trate is only primary. 10 enable him to determine
accused if there is reasonable cause to believe Linn
guilty and if it appears his duty is simply 10
commit him for trial but hold that there is plenty
| OF plainly written law making 1t the duty OF The
| committing magistrate to discharge the accused,
| unless it appears from the evidence that he is
guilty. And will 90 further and stake my repu-
| tation as a ..tradesmal' tailor ii you will.
that the accused has right to, and can not legally
be deprived of the privilege of making all the de-
| tense and to justly demand, before committing
magistrate, every right to which he is entitled be-
fore a jury. As IL might be considered pre-
| sumption, however, on the part OF me
chanic" to cite the authorities TO "a pro-
fessiona gentleman" claiming the title of attorney
at law, and as am not al present prepared to give
| instructions gratutously SHAH permit Censor"
to grope i'll the ethereal mist OF spiritual illusion
with which he appears TO be surrounded and allow
him to find those authorities for himself, he
| ought to know where they are laid down.
had no right to do any act in my capacity that
would prejudice the legally recognized pleroeatives
| OF the accused | suggested that the absent wit
ness be attached and that the case he examined at
| a later hour OF the DAY, bat Censor" and the de
Tense mutually agreed TO put il 70 the twenty
| sixth OF July. That day came, and Mr.. Howard was
absent: so was his SON who it was alleged. was
beaten. | held the back until forty-ive (i5)
minutes past ten tl0) o'clock a. NJ. and Mr.. Howard
and his failing TO appear, ordered linn 70 he
the TO some future day. with the intention Of
quring the prosecution TO furnish his recognizance
for his appearance, as il struck me that his whole
| course from the beginning indicated that lie knew
he might fail to make a case-at least that he was
| not, up to the twenty-sxth, in possession of the
NECESSARY evidence, and was consequently trying
| to prOcrastinate and like Mcawber. waiting Tor
something to turn up tampering, upon meIt sus-
| rici0n, with the liberties of his fellOw-cltlZcn,
| whose rights fully secured and should be as
| jealousy protected those of Censor" The mat
ter was represented in that light, too, by the ac
| cused. therefore reluctantly discharged the
cused, as did not think the prosecutor would ap
| pear not, however. until after examining Mr.
| Howard's witness, with whom he expected to prove
| his whole case, and who, upon examination II
| turned out knew nothing could not identity the
l
| any reasonable evidence.
Censor takes exception to being denomlnated
| the prosecuting witness. He insists the State is
| the prosecutor grant the forms of law require
all prosecutions to be carried on i'll the name OF the
| State. This Is prosecution for assault and bat
terry; and the state, so far reinquishes Its claims
to the prosecution of Ofenses OF that character,
that it permits the prosecutor to compromise, or
| forgive and withdraw the charge 1t does not per-
init 1t i'll prosecutions for elOnies 1t is, therefore,
| reasonable to conclude that the State, far,
| recognizes the charge of common misdemeanor
against person to be the property OF the COM
| planant, which he can withdraw proceed with
as interest or inclination prompts him. Why, then,
| is he not the prosecutor" When the case
| continued on the nineteenth, at the instance
OF the prosecutor 1t was hXed, after
| some discussion to the hour, for hahpast
| nine A. NJ, and Censor who appears as DESTROYS
to correct and make perfect our body polite. as he
is Jealous to correct and make perfect the whole
world spiritually was present, and if he did not
hear it, the difficulty only be attributed 70 his
| having been too deeply committing with his
ethereal companions, and being lost Tor the time
being to earthly matters and the affairs OF ordinary
| mOrtals.
As have said in the beginning of this communi-
cation, do not desire to nor will hold any news
paper controversy with Censor this being III
tended for those whom he has attempted 10 prejE.
dice against me, not for him, though am well
aware he will gladly embrace the opportunity this
affords him to make another display unless he finds
| a more agree able subject i'll unfortunate
| Jehu, with whom he delights i'll being always at
wal.
WILLIAM WEBER.
| jy06 2p1t Recorder Fourth District.
BABCOCk FIRE EXTINGUISHER
| uESr DpnrEf,TION EpOuEypr