New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-02
EXECUTIVE ORDER.
STATE OF LOUISIANA, }
Executive Department, Z
New Orleans, July 26, 1871. }

Whereas, Under and by virtue of a
special act OF the General Assembly, en-
titled IAN act to change the venue In the
case of David Fisher, j. c. Oliver and
Celestin Oliver, from Ascension parish to
the parish of jefferson" j. c. Oliver and
Celestin Oliver were indicted on the twenty
seventh day Of April, 1871, in the parish OF
jefferson. for the murder of w. c. Lawes
and Marx Schonberg; and whereas, the
said j. c. Oliver and Celestin Oliver were
duly tried before the honorable the Second
Judicial District Court, in the parish OF
jefferson, on the twenty-third day OF April,
1871. andwere found mot guilty and duly
discharged from custody; and whereas, the
said j. {. Oliver and Celestin Oliver have
been Illegally and wrongfully rearrested by
the sheriff of the parish of Ascension, and
are now confined in the jail of the parish OF
Ascension: and whereas, the Attorney Cen
eral has notified the Judge of the Fourth
Judicial District Court, in and for the par
ish of Ascension, that he will not prosecute
the said j. G. Oliver and Celestin Oliver,
and has in the name OF the State
of Louisiana entered a nOIe prOSequi
for the reason that they can not be
held in jeopardy twice for the same
offense, in violation of the constitution OF
the United States and of the constitution of
the State; and whereas, the said judge re-
fuses to take cognizance of the said notte
pf0Sequt, anu the Attorney OtutIdL It1uScs
to prosecute said persons;
Now, therefore, l, Henry C. Warmoth,
Governor of the State of Louisiana, in
pursuance of the powers vested in me as
Chief Executive of the State, and charged
with the faithful execution of the laws,
do hereby issue my order to Christian
Kline, Sheriff in and for the parish of AS
cension, directing him to release, at OEce,
the said J. C. Oliver and Celestin Oliver
olv-o pylriSn
be mis- warrant and authority for so doing.
do further direct him to give the said j. c.
Oliver and Celestin Oliver safe conduct out
of said parish of Ascension.
Given under my hand and the seal of the
State this twentysixth day of July. 1871.
(Signed) H. c. WARMOTH.
By the Governor:
JOSEPH WITTGENsTEIN,
Assistant Secretary of State.
We say Governor Warmoth, while exer-
cising a power not often invoked in re-
leasing prisoners confined in Jail on the
writ of court, did right in this instance.
These men were charged with the murder
of Lawes and Schonberg. By an act of the
Legislature, founded on the notorious
hostility of the judge of the district, the
prosecuting attorney, and large class Of
the citizens, the cause was removed for
trial to the parish of Jefferson, where a
Judge and jury could be found who would
impartially try the accused.
The case was tried for three days, and
all of the witnesses of the State and de-
tense were heard, and the jury returned
verdict of mot guilty
Here the matter should have rested.
But the judge of the district and District
Attorney Cheevers induced the Grand
Jury of Ascension to find another indict-
ment against these men for the same
offense This indictment was returned
the very same day the defendants were
acquitted in Jefferson parish.
They were, therefore, illegally arrested,
having once been tried and acquitted.
The act of the court in Ascension parish
was unconstitutional.
When Governor Warmoth learned these
facts he directed the Attorney General to
enter nolle pr0sequi, which he did, and
| when his messenger, an attorney-at-
law, asked the judge to release the pris-
oners the judge refused to do it. He then
asked for a writ of habeas corpus, which
the Judge also refused, saying that moth
ing could be done before November.
When Governor Warmoth learned these
facts, he determined that two citizens
should not be imprisoned and held for
months on charge for which they had
been tried and acquitted, and he ordered
them to be released. He did right, and
We applaud him for it.
Had the divers been white Democrats
instead of colored Republicans, and the
men killed had been colored Republicans,
there would have come from the Bee no
wall of illegality 1t is doubtful if they
| would have been arrested mich less tried