New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-31

| specially commended to our attention by
the court, and as to those at present within
our reach, we have endeavored to do what
we deemed to be our duty, as it had been
pointed out to IFS.
The condition of the insane.
| The detention Of prisoners without trial.
The case of the shooting of Kerrigan, the
case OF the homicide of Wheyland and the
| matter Of the alleged assault upon Thomas
ireen Davidson, in connection with your
| hOnors charge upon the nature OF and con-
dltiOns necessary to make an unlawful as
sembly, rOut or riot have all received Onr
| attention, but not to the exclusion OF the
private cases which form the ordinary dock
ct of the court.
Touching the first item-the condition OF
the city insane-we beg permission to read
to your honor few words from DIR. Cooper,
now in charge Of the asylum, taken from
Sundays Picayunc. and upon which show
ing, cOrroborated by the report previously
made by this grand jury. we respectfully
ask the court whether there exists IN US any
power to indict that pretended asylum and
cause its immediate suppression as dis
grace to the city which it is intended to
crim:nate.
And further whether the three deaths
reported by DR.. Cooper are not such con
structive homicides; if not, indeed, hOmi-
cides in fact. as would Justify an inquiry
into the personal responsibility to the law
for said deaths inflicted under the authority
of the City Council of New Orleans by the
dagger and bullet of cold and damp. We
are sad to think that while We parley vain
words with each other on points OF respOn-
siblity. death stalks into that hideous
prison of ice, and each day dispatches
new complainant. with a new indictment
against us, to the intlexible and final Judge
Of all men.
In the matter of any alleged unlawful
assembly, rOut or riot, and under the in
structions of your hOnor's charge, we have
the opinion of the criminal law officers OF
the State and parish, and there have been
none such during our term. And while we
admit to the court. as advised by it, that 1t
would ill become us to crltlclse or arralgn
the public policy. or even the private man
agement, of the two coordinate branches OF
the gOvernment-that is to say, the Legis
lature and the Executive-yet we must but
regret it. if it be true, that they do not en-
ioy the public confidence, SO necessary for
their special success and our general vel
fare.
That prudent cOunsels. economical ad
ministratiOn. retrenchment and reform may
take the place Of past opposite errors or
faults, is but the expression by us of the
universal wish of the citizens and taxpayers
of New Orleans.
In the matter of prOtracted or unlawful
detention of persons without trial, which
detention is acknowledged to be denial
of Justice, and as such is positively for
hidden by our constitutions. we have the
honor to report that we find no important
ground of complaint on this score among
the 400 persons at present detained in the
Parish Prison.
And in this connection we beg to add, in
conclusion, what is doubtless well known
to the court, that delays of coming to trial
are as often due in the arrangements OF
counsel in the interest of the accused as to
the formalities or instructions in the ma
chinery of criminal justice.
With great respect. we remain your
hOnor's most obedient servants, the grand
jury.