New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-08
C0USsY RECORD.
WEDNESDAY, OCTOBER :. 1874.
Nupevi0v Criminal CouVee

Nupeviov Criminal Ceuve.
DISCHARGE OF THE NEW rAyEl-
Judge Atocha ON opening court, Colonel
Field. being present addressed him - tol-
lows:
NJ. Attorney G-neTSi-l have been Informed
thAt Che jury for tins term has been impr perl v
drawn aud Z have summoned the Jury eommis-
soners and directed tlie sheriff to De present liz
eour; s,-d.y. as desire 70 have them examined
anfer cath ~ to the SnAnneY in ~ hich this jury
vas drawn II il be ,sue that che law has not
been complied with, then can not proceed 20
slonth or Elk s~-ks-any attorney couid rise in
court and demand that I've indict neut against his
client To Yuashe,i and .Il the time and IAbov vi
t!e court and jusy would be wasted.
:nry commissioners 10 select impariislly from
she ei'iz~Ne ~ the parish Of Oreans having the
qualifications hecesssry 60 segister as VOTERS the
sarn~s o. not less than 500 good and competent
setusneA certified under theis hands 20 the clerk
Of the snp~Ii 10, Criminal Court 10 t< flied by him
IN he office ssI'. lis: to be- kept complete aud cup
kemeDf.d from iin. 10 time Each Of the names
On eaiA Iiss, amt "n al supplemental lists, shai be
written by said clerk s.pS, slip OF paper
sO.ethes wtth The place vi residence of each per
son, and the svs Of paper On wh eh shall be writ
Ten she uaanes aud places OF :fsdencs Of the per
soos .n IA. said Iist shall he placed in . box OF
wheel 70 be kept for that purpose by the sheEt Of
che court. Snd ten dsrs before The expiration
81 svsrv month ia which the said Sups-
the said commissioners, together with the criM.
BAL shelH shall proceed TO draw from said box Of
0lieeN - etc.
Is app-a.s sh.s Tho liss has not been kept sup
p-me nt.d and that, when tho drawing for tins
srrm tOoh plAse there ShIe forty ysix names re-
HIAIning in the boz and that the commissioners
drew .it those forty six names. before piacins in
Ahe hos additional names TO make up the mia.
imum number Of 500 as required by law; and affer
drawing the fort. six nsinrs they placed in the
Eek, tho necessary lumber. sud proceeded to
draw from the new names. ADDED The balance Of
th~ Lumber required bs the order Of IL u court.
Snder this mode OF procedure 10 is evident that the
woe Of the iorty SIX hames had 10 be drawn
Shis was not c'ordins t. Jaw. The commission
committed another error. in not replacing in
the jury wheel The twenty eie hit names of persons
srict Court. and who had b' Oh, il my opinion, i'm
Srop~Ily discharged fIoni jury duty by the Judge
Ot that court, before commencing the drawing.
II these the iacts, aRd believe they are,
Jen We have u jurV com posed from bwo separate
and independent lists.
II An at,or ey should. in the course of the term
snake All objection that the jurors now present
Improperly drawn OH the ground that they
v4re moi drawn from the same list I would have
alternative but 10 discharg the panel OF jurors
and order new one. II is indeed, = great hard.
chip 10 The gentle mon WAC have been drawn on
1tis panel, they have had all the annoyance in
sdentAl to service as jurors without obtaining
Nef, Tor although they will be discharged now.
box. 1t is also y great expense to the city and
one that. were il in power, would gladly save,
brt there 10 no alternative. Snd . new panel will
Attorney General Fied-Mav 10 please the court,
1iere is another eonside ration that has been
brought 1" my Uid, independent Of the Objec
sions ~hich nave t+en stated from tho bench by
pour honor sna ~hch desire 10 have till to.
morrow norni, to write. Thi. &C: Oi the Legie-
sAtur. ded to improve tn. eyBtem OF
Surice, and with that view Il certainly WAS y very
wise Jaw. but is was intended that this law
should be- imparti0ly executed Tho lhYaseOlOgy
81 sh~ ast Is thSt thoss Jurors shal t,s selected
from he entire list OF 'esoms 'aua fed to regis.
s.r =. v"ter. in 'he parish ~ Or.eAns. and there
sh"uld hs NO distinct ~ between one class ard
Ano' her
In addition 70 the reasons that have been su:.
gested by your homer which consider sufcient,
] deeii" 10 tic written motion TO Guasb this
pane! "n some "th"' grounds will state. in the
morning, my reasons, ANA don't think any great
lniury .".ld fesu!s from Dostp"n~ment Of the
matter III tben
Judge AtocIa-l don't know What ether reasons
son have I" uvy~, Mr.. Attorney General, Why this
CansI should be quashei. enough 10 already
known to justify. indeed, to n-Cfssrate such
e!oN, And can Aes. no lesson fOs further delay.
have YenAi kc1, III I00kin. over these llSts, that
tlie co" missioner have .sl.ced jsro.s i'll . very
good waT. that 10, hy ak,ng tho iaines " such
are taIpAycSs; Out their plan is open 10 the Ohjec.
slo" st HEY ass. apparently made their . lee:
Si.th Ds,ric,s AID Ca,roI,"n believ. the Jurors
"erc :" dss AI~ mostly from that part of the city.
"a" th.sr'o's "a" mot! IA s'i,ct SENSE bs sad to
whole burden OF jury duty, ia this instance,
I'll" s~sS. = III "ne part ot 'he ely. This should
BOT iao snd I 'iUo, q mas slot occur again.
Yh" As,..n.. G.nesAif"ur honOr. she law
hev.r .tsiipIAtra y pro'erty qualification
!hc,ions T." .hi. pa ,.i. W. hav- . large mass Of
Mtsaixtns c.lor.d people. ia this city who not
only s"irr. bn' taxr3s"ss: they have h.en ITO tho
IL
.uries 10 bs selected from those . hn have tho
'ru.lliicStl0hs to register as voters. without dis
SinctiOn II shO.e people haven't the wight or, ut
\ asst. the vuhhc Gavent !heir gls to expect that
they shaN NOT b. slciuSed from servIce ~ this
kiud.
Judge AtochA- NJ. Attorney General, - far -
Wi. court IL cone IN. d, do not propose recog
Eize sns d.iinctio" or difference on account Of
s"OS I'm ~liatt way D.ysOns may come before
ths court, only 1~cOgnize them in theiy capA
city as ciiizens. and no ~ site or black.
To serve "n . Juv, 10 not = matter OF right in
rem IA Of A n uf
III" law imposes aIke on black and shite-not be.
cause at tsis color IS sace-but citizens only.
can not nOv order any names 90 BE- added
~ .Ie wheel. All can do have done by ordering
the n~nnes of those VII" had b-en ira h TO be
turned 70 Che wheel and the jury drawn there
A"m. snd from th. names already in il.
II may be that all shose drawn will be- vhite--if
81" will We say rig 3 to comp Gin. On tn, other
Aand Is there he riXtEe of black and white; the
result shnHld To- equally sati.isctory, as i'll either
event al! thc PROVISIONS Of the Jaw, ~heh is no
sepectsr OF persons nor 'yp.s. ~ill have been
P-n With.
jury Comm. i.si.ner William N. SmAlveo.3 E,o
vas then called upon 10 TESTIFY as 10 the manner
H shich III" prcssIls paIIsi had been drawn. and
cu bcinH sworn sAid:
Yutstl 10y She Attorney sneH>ID-SOu are
swa,. ~ the snbrc' n"w under investl gsti"n by
tile court. Nj sm.~ wood and or. "fl. the jurs
I iav. 1itaiH the statements winch av. just been
ra.e: and Enn.rstand the question ih.J 10 now
III Ser investigation.
Questions (sy the seur.y Proceed 20 state how |
Che present jurS vas Hr;.wns Auswer-It WAS
AraSn sUbsrai,ialls as y"nr hOnnP has stated. |
~s. uha,issed the wheel trst And then put in a
Nst 81 new names, ioge hcv with swents eight !
aan's which were "'.ierr' ." b" returned
.S. A :s. .u.s s ,hs '. .he.s s'nss n.. .s
4 great many names hsd been returned
Wow Tim. :" 'ms ~e pad lost tho run Of the
'1einss IN ~. wheel ~e<lidn' know how many !
We're ia u, Oci ~e s-evs there wSrs' very few. |
Aeint NIB vi g that there was provision in the |
N " soG the exhaustion ~ che wheel proceeded I
araw on! al the na'nes ara then pat ia she
hs' az: s'nt'nu"H the drawing.
Alus ss'Hh-%o~ many NAl.s did sou draw in ex. |
haus!IDg ne ~Ie.ls
Aus~rr-Sors.. .t,,~ sis
Aluestisn-Auu tho "a YOU pus in M hoo ,;.fs
s.n~s,ion-Wh" r,e~ ., th. d,svir,s
Answss-Ihs sh'rn-thc prIncrpsi she,iN and
Ais deputy. ana . part ~ ,l. slln. The cl~rk 81 !
lAie cSuv NV associate M, ssionsv ana my.elf
n q ;tw outside rss'"ns. The dy.win. was puh |
sc; s,srs body ~As permitted 70 b- present who |
Dhose 10 be-
ird... Afoeha-Mr Small VOID. s"u erred N ~.
AsustlrR the sheet. The As is Il. y, d Cetini,e
~ sEw, yuius; i; says. .she Wh"~ cont-nss OF the
h. w.d vhensv.: in ihe opinion Of . msjof,ty of
l.s district Sses 10 sHay re- deemed adv sable.
s.'i'cAti"" st NV !s@''c's~. NJ. casa ave, that
= hh;eSs" Stt has been eHi..iitteG il. q - ease.
" - rs's.s "f IN tts's-, al attaches "a me.
a.IsI a'...risge :.n. ga lad stated that |
~ hA0 ssa'ss hs staten u ~ Ar Snl wood and
] - 10 ~as .Sus m sv.gv tes. .ct.
Judge 81 tf'ha-i'rt~g Nj. . are ~ facts heve
70 ;.'"','' "n' :" ''l.c' arg. 'h1s jury. Searly
~ :hs S'.lesns '"mpss'sl. ~ are here in court
ns srN" sl".si.'.'i's' tH.. haze heard CAE see
hat there = ." ..'.',, v,co.rs., lei. 10 me.
'r@f', '.'''H.n.i: 'hst such Irregularities
re- :cUb !" ss'.ns ~h" would uU: i. state 20 |
aS inas sinister E..Iv.. Iat Sro,, ,r0 the ]
l!nk!r. p.r ~,li Un.lsi istsn1 :'r' a...~ drawing
81 s..sSi:ts Nssess!:!-.'I. ;ISt Gan 40: be |
vSi!,t.
.n sn~ .Asmes ~ chose .a,'e..- who have
~. - Y