New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-29

account by angry partisans who thirst
for the blood of political opponents, re-
CARELESS of their innocence or legal rights.
If district attorney may enter motion
of noNe proseqm, the Legislature may ex'
ercise lesser prerogative, and direct
that two men who are hunted by enemies
may be tried in community where they
will have fair chance. This order was
made by the sovereign power of the
State, and is binding upon both officers
and citizens. The history of the case is
in brief as follows:
At the time of the November election last
year j. G. Oliver and Celestin Oliver
were residents of st. James parish, and j
C. Oliver, being the Republican candidate
for Sheriff, was elected to that office.
When the DonaldsOnville riot occurred,
growing out of election results in Ascen-
sion parish, Mayor Schonberg and Judge
Lawes, of DOnaldsonville, who were re-
turning from st. James parish, where they
had been to consult General 0. +. Hunsa-
ker, were killed. Both of the divers and
David Fisher, Chief constable of Ascension
parish, were arrested on the grOundless
the murder.
On the eighteenth of November Fisher
was brought before United States Commits
siOner Van Ornum, when on motion OF
the United States District Attorney, the
case was dismissed for want of jurisdiction.
He was, however, rearrested on the same
day, on a warrant sent down from Donald
sOnville, and subsequently arraigned before
United States Commissioner Weller.
The examination of these three parties
commenced before Commissioner Weller on
the twenty-fifth of November, and resulted
in their being committed for murder.
One witness, Frederick E. Burge, testi-
fed that Lawes fired and accideLtiy killed
SchOnberg; that Lawes was fired at by by
ISLANDERS, and was killed after Fisher had
intertered, and said they must not shoot
him; and that the divers did not arrive
until some time after Lawes was shot.
Application was made to the United
States District Court for the discharge OF
the divers and Fisher on writ of habeas
corpus, and they were discharged by Judge
Durell on the fifteenth of December.
They were Immediately rearrested by a
constable of the Second Justice Court, who
was armed with authority from Justice
Evans.
subsequently they were sent for trial to
Ascension parish, but the Legislature, on
the ground that they could not obtain a fair
trial there. enacted a law changing the
venue to Jefferson parish.
The trial of the divers and Fisher com
menced the nineteenth and terminated ON
the twenty-fourth of May last, and they
were acquitted by the jury.
Some time after this Governor Warmoth
commissioned j. c. Oliver, who was elected
sheriff of ST. James parish in November last,
and more recently appointed Celestin Oil
yer chief constable of the same parish.
Whether by the instumentality of I'M
friendly politicians in st. James parish,
who desired to get the divers out of the
way until after the convention elections, or
from some other cause, they were again
arrested and taken to Ascension parish to
be tried on precisely the charges for which
they had once been tried and acquitted. The
courts failing to do their duty and discharge
these prisoners, Governor Warmoth sent an
order to the sheriff of Ascension parish for
their release, which was promptly obeyed,
and they are now at home in St. James
parish, ready to perform their official duties
without the risk of a second time being
tried for an Offense of which they have once
been acquitted by jury of their peers.
Governor Warmoth having learned that
Judge Beauvais, of st. James parish, and
John A. Cheevers, the District Attorney,
were determined to illegally hold the
divers in custody in spite of their full
acquittal, directed the Attorney General
to file motion for nolle prosequi But
Judge Beauvais refused to act in the mat
ter now, saying it would come up in the
fall Colonel John B. Howard who went
up to attend to the case, then asked for a
writ of hdbeas corpus, which was refused,
contrary to our notions of law; whereupon
he acted upon an executive order directed
to the Sheriff, peremptorily requiring
him to release the prisoners
When Governor Warmoth took the oath
to ZEE that the laws were faithfully exc
cuted, he included the law which gives to
the colored man all the means of defense
of his life and liberty that white men en-
JOY, and he is bound by it. He would be
to severe censure if he permitted
either the lives or liberties of citizens to
be put into peril contrary to law. And
were the prisoners in this case white, in
stead of black, and Democrats instead of
the Picdy,ne and Bee would
denouce the Governor without stint if he
the line of conduct which they
indicate for him in the case Of the two
divers.