New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-17
Local Intelligence.

EABEAs CORPUS CAsE.-Benjamin Purnell
was yesterday morning before Judge Abel.
of the First District Court on a writ of habeas
corpus He was arrested on the charge
Of having committed a henious crime in the
City of Jefferson in March last.
After his arrest, the City Of Jefferson.
then in the Second Judicial District, was
annexed to the city Of New Orleans. and all
prosec utions at law then pending for offenses
committed in jefferson City were trans
ferred to the courts of New Orleans. Tn
der the act Of the Legislature transferring
such cases, the judicial authorities Of JET
fersop City held that they had no jurisdic-
Gon to try the case of Benjamin Purnell.
and therefore committed him to the Parish
Prison of New Orleans.
The mittimus written out by the commit
ting magistrate directed that Purnell should
be confined in prison ''until called for" by
the Sheriff Of the parish Of Jefferson. The
prisoner was accordingly taken charge of
by Captain Swain, keeper of the Parish
Prison. The counsel for Purnell H. King
Cutler, Esq, then applied to the Judge of
the District Court of Jefferson for an order
bringing the accused before this court for
trial The Judge declined doing so, on the
ground that he was without jurisdiction
over the case, the Legislature having. by.
the act of March Is, 1870, transferred to the
courts of New Orleans all cases at law then
pending in the City of Jefferson.
Meanwhile the prisoner renamed in the
parish jail, from early in March until the
present time. One term OF the District
Court of jefferson parish and two terms of
the Criminal Court of New Orleans passed.
and no movement of either court was taken
to prosecute Purnell for the crime with
which he was charged. He was imprisoned
1!until called for by the Sheriff of the parish
of Jefferson, and as the Sheriff declined to
s'can" for him, there was an even chance
that the unfortunate Purnell, like prisoner
of the Old Bailey in ante habeas corpus days,
might have been forgotten and left to pine
in prison during his natural life, because not
s'called for
On the,trial of the habeas corpus. Judge
Abel held that, under the constitution. the
prisoner had a right to be tired by a jury OF
the parish in which the Offense was alleged
to have been committed, to wit: The parish
OF Jefferson. The Legislature could not
deprivesiiim of that right by enacting that
ca SEES of this character should be transferred
to the Criminal Court of New Orleans The
prisoner only had the right to be tried IN
this city by making an application for
change of renuc The Court ordered that
he be discharged.
THE KIDNAPPING CASE AGAIN. Police
Commissioner Before The Grand J"ry-The
Grand Jury yesterday began an investiga-
ton in the kinapplng of Mr.. Digby's child,
where Ellen FOllin and Louisa Murray
stand charged with the crime. All the tes-
timony taken before Recorder Houghton
was before the jurors, and. among the first
witnesses called was Mr.. George, Police
Commissioner, who did not testify in the
examining court. although it was generally
understood at that time that he could throw
some light on the case if he would. He was
yesterday asked certain questions as to
where he first obtained information
that the child was secreted IN
Ellen Follin's house. He declined to
answer the interrogatory, whereupon the
foreman of the grand jury stated the fact
to Judge Abel, who called him In. Mr..
George, in explanation, stated that he was
proceeding to detail all he knew when
juror stopped him, and inquired who gave
him the informa tion.s His reply was, that
he had pledged his word to the informant
not to reveal his name, and thought 1t
matter of no moment to the jury. He then
asked for days time, in order to see the
unknown" to obtain release from his
word. This was not granted, and the
court pronounced him committed to prison
until he was willing to answer lie then
asked for only two hours time, which
was not granted, and the Police
Commissioner retired with the jurors: 1t
afterward leaked out that MIR. George I'M
eouiyocally stated that David Wilson was
the person who gave him the information
A messenger was instantly dispatched for
him, but when he appeared he as unequivo-
catIy said that he had never given an iota
of information concerning the child to Mr..
Caoroe or to any one else. This leaves the
matter about where it began, as the jury
will find it difficult to arrive at conclusion
which of the two to credit. Apparently'the
inquest was satisfied with the Commis-
sioner's response, for he was not committed,
nor was Mr.. Wilson This subject created
considerable talk in rpolice circles, ana Will
not be solved until Monday, when the
Grand Jury will meet again to pursue the
ease and hear further testimony. MT
Robert Pitkin is foreman.
Tup TOULOUSE BANK STREET ROBBERY
zouds and Bills Coming to Light.-One DAY
the present week, an elderly woman called
m a Carondelet street broker with some
bonds and bills Of the old Planters Bank an
institution which has been in liquidation
about twenty-five years, and requested h'm
to ascertain their worth and dispose 0,
them for her. The broker yesterday caiieu
al the old Office of the bank toulouse
street. and laid the documents before 'ne
surprised cashier, who has been wishing 10
f;nd them for many months. He lnformea
b. In