New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-31

ceeO 10 IUfnleh the court with "a list of al
persons liable to jury duty residing within
the limits of the parish of Orleans" in com
pliance with section ol44 of act No. SO Of
the General Assembly of the State Of
Louisiana, approved March IA, 1870.
Judge Abel, in everything the motion Of
the District Attorney, said: This motion
must be Overruled. The notion is made
under an act Of the General Assembly, ap
proved the fifteenth Of March, 1865, re-en
acted on the fourteenth of March, 1870
without the change of word.
The first section Of the act prescnbes the
qualification of jurors, and is sacramental
But that part of the act that requires the
Sheriff to furnish list, etc, is directory
and it is very clear from context that the
law meant the following December after
the passage Of the act, and after list fur
nished at that time they were to be con
tinued.
The fourth section Of the act declares
"That no person shall serve second term
on the jury until all the names have been
drawn from the box; and whenever the box
shall have been emptied the Sheriff shall re
turn all the names on the jury list into the
jury box, and commence new drawing"
The bail in the case Of Edward Donnelly,
charged and convicted of the murder OF
Dennis Callahan kelly, on the twenty.
seventh of September, 1870, at the corner OF
st. Andrew and Laurel streets-who es.
capped the sentence Of the law by the merest
accident, one of the jurors serving at the
trial, an old man, having served under the
name Of his son, and signed the verdict as
foreman, on which point Donnelly of course
was granted O new trial was yesterday
fixed by Judge Abel at $4,000.
The Attorney General, in consequence OF
the horrible features Of the case, opposed
the release on bonds, but Judge Abel de
cided that under the law Donnelly. who had
been imprisoned during several terms of this
court, without having a trial, was entitled
to bail. He overruled the objections of AT
torney General Belden, and fixed the bail
in the above amount.
Constantine Rosario, the mate Of the
Italian bark Pagannini, arrested as wit
ness in a stabbing affair on board the bark
and who happened to have pistol about
him when brought to the station, was
charged with carrying concealed weapons
He being sent to this court, pleaded guilty
and paid a fine Of S..
In the case Of John Dwyer, convicted OF
manslaughter, on the charge of numbering
Dennis McElhany, in Greenville, on the
twentieth Of September, 1870. the board o,
physicians intrusted with the examination
of the mental condition Of Dwyer have re
ported. DR.. B. We1ielsburgh declare TIA,
from observations during attendance on
Dryer, he thinks him subject to fits of in
sanity, while Drs Boyer and Lewis declare
that his fits Of epilepsy have not impaired
his mental faculties to such degree as to
lead them to decide that he is insane. The
case was continued after the plea Of insanity
had been argued.
Mr.. blanchard argued the motion TO ad
nit William Watny to bail, charged with
the murder of Gottfried Bass, who was as
sassinated on the seventh Of October, while
leaving house at the corner Of Rampar,
and Congress streets.