New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-07

his stewards, and he hopes they will be
! faithful to their trust. To them, most as
suredly. on the great day Of record, will be
| applied the Scriptural test as to the use
! they have made of their "talents." We
| know men who are very wealthy. yet pro
| uouucad close listed - and very nisgardly.
! A. tines termination we will perhaps hear
| their unhappy response to the great anu
| auy,s. Ouest:oner in the vast and resotnd-
inc y.,,,.v Of .iellosapllat. God pity them !!
! Blu He viii not pity them then for they
| do nat ,,;ty now We have little hesitancy
! in s,-i!,r that p. j. Kennedy would be
read; to give one-half the amount toward
| the payment for the plasterinS OF st. Vim
cents de Paul's Church, if some other phil
ar:llrop:e gentleman would tender the bal
alC".
Accused or PERJURY.-Assistant Rccor-
der He,ien.,an has rendered the following
decision in the case OF the State vs. Samuel
Cohen charged with perjury:
Isaac, Falk. Bochler and ChasSii snac
were indicted and tried i'll the FIRST District
Court. the empaneling of the jury begin
ming ON the twcnty-sixth OF JANUARY last
The nanel having been exhausted before
the requisite number was obtained. talcs'nen
were taken or the :wcnty-s"renth. ana
among them the defendant i'll this case. lie
is accused ot having committed perjury ia
MS answers. upUn his rouT are, 70 tHe
questions o; the District Attorney, before
he was accepted as Juror pom
the examination before me 40 evidence 10"
the defense was presented. ana the state
:nentS o. the witnesses tor the State, which
harn.nizei and were clear, We're entirely
unco.traictr,i. The District Attorney, II
WAS shown had Intercepted him us to his
previous acquaintance with the defendants
and his knowledge OF the circumstances OF
tilrir case. apparently with a proper l'nr-
pose OF asccrtainins If Cohen had any bias
or prejudice IN favor OF the parties defend
ant. s;lc.l as would either utterly di>l'iality
him to az. Is Il Juror or render 1t advisable.
in th,. interests OF Justice, to pertmptorIly
challenge him.
In reSnon-e, Cohen declared upon oath
that 'la di net know any OF the accused:
and that Il he had heard or read anytilin.
| OF the case ;lr had forgotten it, 1t was
shown before NE, by the State, that Cohen
had visited the persons prosecuted III tlYtt
case while they vert. inv aTcerate,, and be-
fore the trial; that he had offered himself
as bail Tor one D! them: that he had before
the trial reiorred 10. offered himself as Sc
curity for the release OF certain property
seG,iestercd BY order of the Eighth District
Court. and connected with the matters cut
Of which grew the criminal prosecution.
1t appears evident that Cohen was warm
and jealous friend of some OF the parties
in whose case hc acted as juror. and that
he must have had considerable p,lor
knowledge of their difficulties.
Under the circumstances. should the :tc
cused be committed, Perjury is defined to
be q willful false oath by one who beng
lawfully required to depose the truth III any
judicial proceeding, swears absolutely in II
| matter material to the point in question,
VIII .ther he b. beloved or not. E. Bouvler's
L,w Dict, 800. | conceive that the
swers of Cohen to the District Attorney must
be regarded rs material to the question
then depending-that question being as to
his fitness for juror i'll that particular case.
Ii the law furnishes no penalty tor ia se and
corrupt swearing on the part OF juror.
when upon oath and tested as to his bias
predil ctions and fitness for the proper di :
charge Of his important functions, there can
be little hope OF preserving to the COMMIT
nifty anything like a relic OF puHity III the
jury box. and little sense in continuing the
practice OF interrOgatin. jurors before they
are entrusted with the trial of issues OF the
graveSt character.
an sustained in this vie Not the subject
by the following authorities: Wharton ;
Am, Criminal Law, section -. and cases
there noted: Roscoe Criminal Evidence
PIP. Sl1 and SO.
accuSe,i. il. default Of two thousand dollar.
bond. 10 answer tllerhalse OF p.rlnrr before
the Frs: District Court Of Orleans.
A SHOOTING, AFFRAY AND NOBODY II RI.
A sin GUAR affair. a. reported by the police.
occurred about eight v'clock last evening.
al the corner Of 81. Charles and Nashville
avenue Sixth DISTRICT. Thomas Lud.a,e
fixed two shot, from double b.areleu shot
gun a. James kerwin. For why is not
stated. Tne shots did not take effect upon
the body of kerwin. but strayed Oft il
search Of IA Vet. unbound game. Lua gate.
i9gusted with his gunnery practice, turn ii
the weapon and came the aboriginal on it
by cheer:'ull,v knocking kerwin on the head
witt, the butt of the glin. kerwin is said
to Ne dangerously beaten, and Lud.ate ia
under arrest. Why all this thusly, no one
connected with the police department.
seemed able to inform the reporter.
MIsTAkES.--I; is a mistake OF one of oar
contemporaries in saying that suit for dam
ages are entered in Commissioner Wellcr'>
court. 1t often happens that persons in
pursuit of redress think they can get dam
age- in suit before the Commissioner \
court But t,e decl1hands and crewsl of
ships are not, as rule, very profound law
yars. Notwithstanding this. suits tor
dana yes are not entertained.
Commissioner Weller takes jurisdiction
in cases for damages only when both the
partie. consent. SO far. however, III" cnlv
case occurring has been that between :he
Na.chez and Bismarck. In this case III"
Commissioner awarded the sum OF :.3'ea, 20
be paid by the Natchez to the Bismarck.
and both parties in the sut were perfectly
satisfied with the decision. Had the matter
in dispute been carried to a higher court.
the costs would have been heavy. Tire res
oiu.or. therefore. of the parties to abide ~"
tie decision OF Commissioner Weller WIS Il
wise one.
The DRAYMEN.-A meeting of the .'rin,',-
pal parties connected with the drawing in
terc.t was held last night in the "Pavilion,
IA tile foot of Lafayette street. The OBJECT
of t.. mectin. was to take into consl':cra
ION tho present impracticable condition
| OF the streets and levecs in relation 10 the
| hauling OF goods thereon.
NJ. A. Porteo,l, was called to tie chair.
| and Mr.. John Ma.ncv appointed se>rc-