New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-22

State VS.. Henry Hamilton and Jessi
WoOds.-Murder
| PLEADED NOT GUILTY.
Larceny-Denuis Downing, Reuben Scot
Reuben Baker. John Foster. John Henry.
Assault and battery-W. j. O'Connor, A
OlivierO, ca. Ferrant. one Lynch, Georg
Lynch, +. Cans. Kate Mccoy, job
Frenchy.
| Vagrancy-Tbeodore George.
Periury-Henry Stige.
| PLEADED GUILTY.
Larceny-James Rheinhard, alias FLASH
| coon.
AFFIDAvrTS DISMISSED.
Henry Heslin, NJ. Elkin. Edward Webt
Joseph Kennedy. E. +. Moncreath, NJ. La
fourche, James Finn, John Kennedy, NJ,
and Mrs. Cusick, John Rohtortom, Her
rietta Page.
| NOLLE PROsEQUI ENTERED.
State VS.. William Drabing.-Assault an,
battery.
APPEAL GRANTED.
| State VS.. William Reilly.-Assault with
intent to rob.
l. NEW TRIAL REFUSED.
| State VS.. Jose Pianellas-Assault anl
| battery.
State vs. Ephraim Maurice
NEW TRIALS GRANTED.
State vs.. George Hayes-Murder.
SENTENCED.
State We. Tony Long.-Assault and bat
terry; one day in Parish Prison
State VS.. William Henry.-Larceny; si1
months in Penitentiary.
State VS.. Gus Young Burglary and lar
ceny. First count, two years; second count
one year in Pententiary.
State VS.. Andrew Walker.-Larceny. Siz
months in Penitentiary.
State vs. William Taylor.-Assault and
battery; $40 fine
State VS.. Brown.-Assault and battery:
$40 fine.
Second District Court.
SUGGESTIONS of Charles c.. Weiss and
Etienne Camblong opened.
Fifth District Court.
j. Q, A. Fellows vs.. William P. Kellogg
Defendants answer denies the jurisdiction
of the court, alleging that this is an action
to compel the payment to plaintiff of money
belonging to the State, and is either suit
against the State or in effect mandamus
on the respondent. In either case the Su-
perior District Court for the parish of Or
leans is vested with exclusive Jurisdiction
to hear and determine the cause. Where
fore he prays the suit be dismissed with
costs. 7-
Judge Cullom rendered the following de-
cision:
George L. Gettworth and wife We. Teuto-
mia Insurance Company. On the challenge
to the array of petit jurors:
On this, the thirteenth day of the jury
term, the above entitled and numbered
case was called for trial. The parties,
properly represented by their attorneys, an.
nounced their readiness to proceed with
the investigation, and the court ordered
the jury to be called. Thereupon defend
ants counsel filed challenge TO the array
or panel of jurors, on the ground
l. That the sheriff did not, in the month
OF December last, nor at any other time,
furnish list OF all persons residing in the
parish OF Orleans who were liable to jury
duty.
=. Because the jury box from which the
jurors were drawn did not contain the
names of all the qualified voters liable to
jury service within the parish of Orleans,
alleging that the jury box had been filed
IN 1870. and contained the names of many
persons not qualified to serve as jurors, and
that about 5000 names had already been
drawn out of the jury box, and which had
time of drawing the present Jury. That
there were about 10000 persons in the
parish liable to jury duty whose names
were not, and had never been, placed in
the said jury box; that in 1872 there had
been a revision of the registration of voters
by which about 10000 names had been
added and about 5000 sticken off.
3. Because the names were not drawn nor |
written down. nor were the Jurors sum-
noned by the sheriff, nor by his duly quail |
led deputies.
L. Because the judge of the court excused |
about 100 OF those summoned who were le- |
sally liable to jury duty, and who had no |
egal excuse.
This ground was entirely abandoned bv |
he failure of counsel to offer any proof |
whatever Of its verify. The first and sec.
md grounds are SO intimately blended, by |
heir necessary unity of theory as to the |
node OF forming the list, and placing the
lanes in the jury box, kept by the sheriff,
hat will consider them as unit The |
ourth ground, according to exceptOr's emu
neratlon, will dismiss without comment
rarely remaIking that the evidence ad-
luced entirely tailed to establish its cor
ectness.
Much of the argument of counsel in be-
alt OF this exception lin substance a mo-
ion to quash and set aside the venire), was
ased on the laws which regulate the man
er and mode of drawing juries in the
ountry parishes of this State, and which
ave no application whatever to the draw
1g OF juries in the parish of Orleans.
ImOng others is the act relative to iuries
4 and tor the State of louisiana; to deter
nine the qualification OF jurors; to prescribe
be manner and fix the time of drawing
lries," etc, approved April 30, 1S73 being
ct No "a. 1t expressly excerpts the parish
Orleans from its operation, and therefore
an have no effect upon the question now
efore me.
l will therefore direct my inquiries to the
Interpretation and construction of those
ectIOns OF the law which were intended for
1t parish OF Orleans alone, so far as the |
of the list of voters and the
tanner OF drawing the juries are concerned.
Every qualified voter residing in the par
u OF orleans, except such are exempt by
W., is bound to serve as juror. Section
l43, Rays Revised Statutes.
section 2l44. ibid, declares that: at shall
the duty OF the sheriff of the parish of |
rleans, in the month of Decempe to fur.
sh list OF all persons liable to Jury duty
siding in the parish of Orleans
Sec: 2l4o, ibid: each jury shall consist
thlrty,slx jurors, except for the First
lstrict Court; they shall serve one month";
section 2l46: Whenever jury is to be |
lawn II shall be the duty of the sheriff to |
Jaw from the box the names of the jurors
ne Dox alluded to is provided for in the
cond paragraph of section 2l27 of RAYS |
eVlsed Statutes), and continue so to draw
each successive Jury until all the names
said box have been drawn out, and no
'rson shall! be required to serve a second
me upon the jury until all the names have !
ZEN drawn from the box, and whenever
e box shall be emptied the sheriff shall
turn all the names upon the jury list into
e Jury box and commence new drawing"
Such is the law governing the manner of
ries in the parish of Orleans, which has
me features resembling that enacted for
e country parishes, and but one which is
entical, to wit: 1t is equally incumbent