New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-14
JUDGE ABELL,S VAGARIES.


corruption and degeneracy of the times he
alone is virtuous. Behold" he cries,
show bold and fearless am in the dis
charge of my duty; how outspoken in my
denunciation of the wrong, how quick to
detect the designs of the unprincipled and
the wicked.' Such unblushing self laula-
ton might be passed in pity as the bah
bling of a vain and weak old man, but for
the suspicion which forces itself upon us that
these virtuous protestations are merely
used as the cloak of bitter and unscrupu-
lous partisanship.
Seldom. indeed, in the history of inris-
prudence has judge upon tho bench as :
sumed the role of the politician to the extent
which characterized the action of Edmund
Abel in regard to the persons accused of
| the murder of Hon. Walter Wheyland.
| Let Us recount this action briefly and dis
passionately There will be little need of
comment save the mere recital of the
| facts.
George w. Carter was charged by the
verdict of the cOroner's jury with being
an accessory before the fact in murder.
What was that to the Judge of the First
District Court more than to any other
citizen? 1t is his duty to try cases which
are properly brought before him, not to
watch over the morals of the community
1t is not incumbent upon him, because he
happens to be informed that crime or
misdemeanor has been committed, to in
quire into the fact ex-officio. The law
designates other officers, who shall fulfill
these functions (See Revised Statutes,
section 1879
Assuredly, a judge could have no honest
motive for assuming control of a case
which the regularly constituted officers of
the law had already begun to investigate
III the ordinary course of criminal proce-
dure. If these officers are dishonest. and
Cypress the accused it is no concern of the
judge who is finally to Try the case Every
officer of the State is responsible for an
abuse Of his powers, both to the common
wealth and to the citizen whom he NAV
injure: but it is neither the duty nor the
privilege Of the Judge of the First District
Court to play the role of general protector
OF the oppressed; to denounce the official
conduct of officers who are Independent of
him, and to grant relief to persons accused
Of crime before they have asked it.
Again, the Judge Of the First District
Court for the parish of Orleans had no
right to examine Carter and admit him to
bail. because, unlike the judges of the
country districts he has no jurisdiction
as committing magistrate. Section 2OOS |
of the Revised Statutes reads as follows:
The First District Court of the parish of |
Orleans. shall have exclusive cognizance of |
and shall hear and determine according to |
law all prosecutions for all crimes, INSIDE
meanOrs and Otienses whatever which have
beer or shall be committed within the lin
its of the First Judicial District except
such minor Otfenses as shall, by law. be re-
ferred to the jurisdiction of the recorders of
the city or other police tribunals that NAV
hereafter be organized by law. II shall hare
no other jurisdiction.
1t is very clear that the term exclusive
jurisdiction referred to signifies all indict-
ments and lntormations. As the only iu-
risdiction which the court has is ''ercl,t-
sire" it follows that it can have no con-
current jurisdiction with the recorders as
committing magistrates. The manner,
therefore, in which Judge Abel assumed
control over the alleged murderers of Wal
.er Wheyland was 10! merely in bad taste
out was utterly irregular and unauthor-
zed by law and gross usurpation of judi
,ial authority, which would Justify his
instant impeachment and removal from
,ffice
1t remains to say a few words in re-
,ard to the conduct of Judge Abel in dis
harging the grand jury. Summoning the
gentlemen composing this body into
curt, he proceeded to interrogate them
pOn what they had done in reference to
ertain transactions to which the public
ad given political coloring. 1t is in
eed astonishing that gentlemen could so
lr forget themselves as to violate without
struggle the sacred obligation of secrecy
ihich they had 50 recently assumed; but
is far more astonishing that the Judge :
f any court i'll the land should :;
eliberately bring about the per-
Try of those who could not have been
Their than inexperienced and unthinking {
len, The States counsel, your fellows
nd your own you shall keep secret" was
ne solemn oath to which each member of
lie grand jury subscribed upon the Holy
Writ, and in the presence Of the Judge of
lie First District Court; and yet while
lese words must still have been sound
lg in his ears, the same upright and
one,t Judge did not hesitate i'll open {
curt, where all the world might hear, to
emand of the jury that they should pub :
ely tell that which they had just sworn y
efore Almighty God never to disclose. :,
hen the excitement of the present mo- :
lent has passed away, an enlightened l.
ublc opinion will not fail to characterize
lis as one of tie most impious and E
outra3es every perpetrated in
court Of justice.
We nave not by any means touched upon
| the illegal and understandable acts of \
le Judge of the First District Court in !,
lshing headlong to the rescue of a per- i,
N accused of murder. Enough has been :,
id, we think, already to demonstrate :,