New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-14

TIE RoCHEIEAV BUKGI.l Difea.!pI
.4bout JtVymea.-The Criminal Court was
;tn interesting point yesterday, tor the 81
legged burglars who robbed Mr.. Rochcreaue
st. Louis street stores were 20 be tried
The accused are Pierre Berth, Jean Capds-
vile. James Savers, Edward Malone. MAJ.
Hogan. Frank Pctrie. alias Frank Thomy,-
son. the seventh one, Bennett. H.yrs havin.
been arrested.
Mcssrs. VI. 4. Dosley. J. 4. Walker and
Arthur Gastinel appeared for ,hc defense,
the latter two being appointed BY the court,
Mr.. Gistinel appearing FOX Saycrs.
The Attorney General sen: - letter notify
ing tue court of his indiSposision. and il wa.
ordered by the c"urs .La: Mcssrs. Edward
Berlnudcz ami II. &. Ca-.el.ancs tc .s,-
pointed TO represent Vie ..t:"rn"y Genera!
in this Ease.
The jury being called. Vie :re. on. NaE-
uel Parker. eol"red. stepped :p 20 '!Ie book.
when the attorneys representing. III. STATE
made the following ,no'ioN:
First District Court. parish q: Orleans
State of Louisiana ". !.cv,r Berth e:
ais, (25516.)
One Manuel Parker. Iayin: been calle,.
to serve as al juror IN tti. ease, and before
he WAS sworn i'll such. 'he STAT. OF Lou
siana hegs leave to .iI.leng. .he array q:
jurors i'll this ease on III. grounds:
|. That the list of Jurors zee, liei ~ .av
to be made i'll Dc"c'nbc. ~ "..c!. year doe.
not contain the Names o! al 'hc qualified
voters residing i'll the parish OF Gvlcan.. q.
the same are - b. t"ltia "n '..c last
registry list OF qualified voters ia puy-
sutlce of the law.
>. That the list required u, law vas no.
made and furnished III IL. Mon:h "i De
cember last. as require. ~ law, rs III.
Sheriff of this court.
Nhercupon the Stat. ,,,ay. Mat tic panel
Of jurors presented III Tic sa-e he die
charged.
The court having heard til. objection.
stated that as this matter was OF great I'M
portance, not only i'll tins. but in grca,
many other cases now pending before ShiS
court i: thought that the presence OF the
Attorney General would be required. and
that official accordingly Was sent for.
The. Attorney General not appearing, the
cour. stated that tie ease would be con
timed until Tuesday morning. 1t was a
question if any OF the jurors sitting now,
petit jurors as well as grand jarors were
jurors at all, holding their sitting hy any
authority, they beng 4liiWn from The old
list of registry: which is null and void by
the present registry. Ii so. they were
strangers not recognized Icy the Jaw.
The Legislature ought 70 pass IL new law
relative to jurors. which tie Judge would
instruct the legal officers Of Ike court to
draw mp immediately.
Until the case is properly argued, the
court would feel it its duty to continue the
case over. Judge Dooley stated, that they
were ready for trial on behalf Of the ac-
clIsed. Now come the counsel for the State
and say that they don't want to try the ease
with the panel of jurors.
He would not enter into argument, but
they are willing to be tried according to the
law Of the land and abide by the result.
They WILL when the motion OF the State
will be upheld, merely stand by, advance
no argument and watch the points OF inter
est for their clients.
The court stated that had TIE Attorney
General in person made the challenge, it
would not hesitate Il moment to discharge
the entire jury, but us he was not present
the case must stand over The prisoners
were remanded until to-day.
. CITTISG A T'URO Ara t0lt e. ult O clOcE