New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-07-30

upright jury could not but acquit Berth
and Capdeville.
The article published in the New Orleans
Times was ordered to be read to the grand
| jury, and Judge Abel commented on the
| same. He said as to the charge of Berth
! having been convicted in April, 1863, OF
1 garrOtiug and rObbing an old man, that it
| was false. He was convicted of nothing
but assault and battery. The Governor
| had granted him a pardon, and according
| to the constitution of the State the prisoner
was entitled to be released.
! Judge Abel thought he had no power to
remand Berth to Jail after court of cO-Or-
! dinate jurisdiction had decided that the re-
| vocation Of the pardon to Berlin was Illegal
AS far as Mr.. Fuller, the member OF the
bar spoken Of, was concerned, the papers
were never sent before this court,
Judge Abel instructed the grand jury to
| make the proper investigation, and, in case
| it appeared that the article above alluded
to villifed this court, they should indict the
| New Orleans REPUBLICAN,
The only points worthy Of mention we
shall take up in their order. Berlin was
tried for knocking down and robbing an
old Frenchman who sold newspapers, in
the neighborhood of the Old Basin. The
old man gave an cutlery which attracted
the attention of the police, and Berth,
closely pursued, jumped into the basin,
whence he was taken out by the police
nearly drowned. The jury did find him
guilty of assault and battery only, but
Judge Abel sentenced him to two years
imprisonment, knowing the enormity of
the case, and while the evidence was fresh
in his mind Governor Warmoth, as we
before stated, was induced to pardon Ber-
tin under false representations made to
him, but subsequently revoked his pardon,
and Berth was rearrested. He was
brought before Hon. W H. Cooley on
writ Of habeas corpus, and discharged by
him on the ground that the Governor
could not revoke his own pardon. On the
assembling of the State Senate, therefore,
Governor Warmoth forwarded a message
stating his action in the matter, and
on the twentieth day of February, 1870,
the Senate, by unanimous vote, refused to
concur in the pardon. The law is clear as
to the powers and duties of the Governor
in such cases. Article ffty-eight of the
constitution of Louisiana says:
The Governor shall have power to grant
repTieves for all offences against the State;
and, except in cases of impeachment, shall,
with the consent of the Senate, have power
to grant pardOns, remit fines and fOrfeitures
after conviction. In cases of treason he
may grant reprieves until the end of the
next session of the general assembly, in
which the power of paTdOning shall he
vested In cases where the punishment is
not imprisonment at hard labor, the party
on being reprieved by the Governor, shall
be released, if in actual custody, until final
action by the Senate.
This is what the constitution says, and
all it says, on this subject We might
cite examples and presidents without
number if it would do any good. But
the above extract is good enough to show
our readers which is the superior au-
thority-the constitution or Judge Abel.
The fact is the points stated in our
article of last Saturday were carefully pre-
pared and are indisputahle. Judge Abel
is forced to see that he has committed a
grevious error-we can not call it by
harsher name, because we can not accuse
him of intentional and deliberate wrong
and now, to extricate himself from the
dilemma, he goes thrashing around like a
sort Of a judicial 90 bull in a china shop
but all the time, as the language of his
charge shows, getting deeper involved