New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-13

a iury sitting in criminal Court,
| ought to have acquitted him, and now you
have him dragged here for what? For the
benefit of parcel OF sWlndiers. thieves ana
| robbers-your Patrice Leonard, your Os-
| borne. and men of that class, who do not
publish their papers in their own parishes,
| who present fraudulen accounts to the State
for printing purported TO be done in the par
| isles; and not one of these printing accounts
| has been proved to be legal. Osborne, We
know, violated the law. although he pre-.
tended to publish, though not print the pa
per in the Parish Of Madison.
| Read the law:
| THAT in ana of the parishes Of this State
other than the Parish of Orleans, the Cover
| nor, Lieutenant Governor and speaker, ETC.,
shall select and contract with Journals
| published in such parishes, ETC., and also De
| empowered to designate certain journals to
perform and publish the parochial and judi
cial printing ETC., in lrhich such journal may
be published. Ia case no paper. Is p'tbtfshed
in any parish of this State, such publication
may be authorized to be n ide II paper
published nearest thereto, etc.
say, then. that he could not publish pa
per, as State Printer, in Madison Parish, and
print one half of it IN New Orleans, and the
other half in Ticksburg, no mora than he
could have it printed in New York, and the
| commissioners knew that these printers We're
violating the law, for they revoked their ap.
| continents. And these are the men who say
| he eXtorted money from them. They come
here and spread on the record tnelr own In
fanny, to make you believe ne is as bad they
| were.
What is the use to 90 on such evidence as
| this? | might examine each article ana
| witness, but 1t is not necessary. For In
stance, rs an illustration, let Us take this
man, Hempstead-t his case. This man
| was acting as broker, and got 70 per cent;
he deals in these sort of things; they wished
to have all OF their bills settled, and this
mau voluntarily paid Mr.. Wickilffe TO have
the business expedited. Now, eXtorton
means where party, by color Of his otce.
demands an unlawful fee for the performance
of his duty.
You can very we'll see how, under stimu-
lus, such men as these may convert pres
ent voluntarily made, for the purpose OF eX-
pediting business, into an eXtort!on- FIX
torting what! Why, one of them had the
impudence to say, that when he wanted his
| warrant for $500 he arranged it with the
Auditor to give him $780, and when asked
what that was, he made the unblushing con.
fession on his part, that the briber was no
better than the bribed. And il is on the tes-
timony of these spies and lnformers that you
arraign before this court an officer elected
by large majority OF the people of the
| State at the same election when the Cover
nor was elected; and you were elected at
the same time. And YOU are called on TO
believe the testimony Of these spies, spies
such las Tacitus describes as delators, who
came orward and demanded of the Emperor
} Tlberius that such-and.such man should
J be sacrificed, because he STOOD II the way
OF the throne.
And i. is upon this testimony that high
officer is to be degraded, and you are to
try him and asked to convict him
upon the testimony OF such execra-
bic creatures as those.
d. -. I'd -yll m
the stand and testified that he Orioed the
Auditor, and when the question was put to
, | him what that was, he, with the most gra-
: cious smile, as il receiving lady IN his
psrior, said that ne considered It rather a
! tair transaction. He did not have the moral
, sensibility to know that he was proCialnlng
} his own shame, and If there was q law IN
Louisiana 10 punish bribery, he would be
} making confession TO send him 20 the
Peniteutiary. And are you 20 condemn q
: man on testimony OF that character But
l go back; say that they have not proven
anything: If l was before jury, would
20 over the whole evidence, bu: having a
? much more intelligent body 10 speak to- /
< only pick out an example Iii order that you
yourselves may follow up the testimony II
similar cases. Take article seven
5 That said George N. Wickiife, Auditor or
Public Accounts lor the State OF Louisiana,
2 at New Orleans Louisiana, unmindtul OF the
| llDu duties VI utS tiI-Cs aAAt - ND N~'Ai VA
| Office, and in violation of the constitution
V aud laws OF the State, did, in the month Of
g January or February a. D. one thousand
I eight hundred AID siXty-nlne, refuse 10
e audit certain accounts against the State, tor
public printing and for other purposes, 20
/ the amount of about six thousand dollars,
q in the hands of one 0. Fl. Hampstead, act
: ing for and in behalf of the proprietors OF
/ the Terrebonne Patriot, a newspaper pub
Y lished in the parish of Terrebonne, and OF the
4 proprietor Of the Republican IusdlcNoJ, q
:, newspaper published in the parish OF st.
, Tammany. unless, and until the said .. b.
? | Hampstead would agree to give, ana
a did give to him, the said George II. Wick
: life. Auditor OF Public Accounts, fifteen
. per centum of the whole Of the aforesaid
!? | accounts of about six thousand dollars,
J, | aud to keep the Transaction secret; and
# the said George N. Nickiitfe, Auditor OF
| Public Accounts, did then and there exact
J. from the said 0. II. Hampstead the full
e amount of fifteen per centum upon all OF the
a aforesaid accounts, amounting n the
\ whole to about six thousand dollars, before
9 the said Auditor would consent to issue. or
d did issue, warrants for the same. whereby
o the said George H. Wickliffe Auditor OF
). Public Accounts for the State OF Louisiana,
a did then and there commit and was guilty
!. | of high crime in Office.
d Let Us see. II is alleged Hampstead paid
e Mr. Wickliife fifteen per cent. 1t does not
q state how much OF this $1,000 WAS Tor puouC
o printing. 1t does not state how much FOX
q other purposes. 1t does not state now much
Il printing WAS done by the Terrebone Parrot
o It does not say how much was due to the
Republican indicator; nor IS there any
allegation that the fifteen per cent was
3 paid N money or in warrants. There - nc
- allegation or proof that he demanded this
- fifteen per cent by color of his office or that
:. he demanded 1t as u fee or compensation
!, There is no proof that it was printing OH
- at all, and there is no proof that the Hepu6!
- can Indicator was published IN the parish
~ of St. Tammany, FOR The evidence IS that II
= was published somewhere across the Lake
= This is an example OF the proof that the
- have offered. The allegations are entirely
- defective, and IL no instance have they
=, made out their Case, even if they had proved
! their allegations; tor, as | said before. Il
~ order TO constitute e1tortion. 1t mus
- be the demand of a fee. under co!ol
\. of right, and II must be demanded by color
- OF office; and there is no allegation in any
Al charge that there was any demand by coiol
of office, nor is it proved. Take the testi-
Is mony all through, take the allegations rs al
% true, and it amounts to nothing more than
II certain arraG cement, voluntarily entered
lie into, in regard to the settlement OF accounts
re so that the charge of eXtor;ion necessarily
1t falls to the ground, and to prove that an
S, correct, | wish 10 refer to a few apthoTl
20 ties (4th Black. Com. page l4l.)
i Lastly extortion is an abuse OF pubic
y Justice, which consists in any officers unlaw
e, ful taking, by color Of las office, from an
20 not due to him or more than is due or be
IS | Eora ir 10 n