The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-12-11
THE COURTS.
Superior Criminal Court.

Ctdto VS.. JOQu UaIu, CuhTS0u Will oIdoOAhS
| with intent to commit murder while lying In
| wait and against Robert Harris, JAS. Kahn
and R. Stewart Dennee az accessories before
| the fact.-The case came up yesterday morn
| ing for argument on motion to quash the Sec
| ond count in the indictment, on the ground
of duplcity. The following is the indict-
ment:
The State of Louisiana vs.. John W. Ward
ct als.-The Grand Jurors of the State of
louisiana duly impanneled and sworn, in and
tor the body of the Parish of ST. Bernard, in
the name and by authority, ETC.; upon their
oaths present that one John W. Ward, late Of
the Parish of st. Bernard, on the 9th day of
May, 1875, ETC., whilst lying in wait, one
Azariah F. Wild, in the peace Of the State,
then and there being, did willfully, mali
ciously and feloniousy stab,i thrust, strike
and knock down and beat and wound with q
dangerous weapon, to wit: knife, with intent
to commit the crime of murder;
And the aforesaid grand jurors, upon their
oaths, do further present that at the time OF
the commission of the aforesaid felony, to
wit On the 9Th day of May, 1875, as afore-
said, one Robert Harris, one Frank McShane,
and one Samuel Coinage, all late of the par
ish of st. Bernard, did procure, counsel,
command and abet the said John W. Ward in
the commission and per petration of the afore-
said felony, contrary to the form of the stat
ute, etc. A. Il. BRICE,
Dist. Atty, Second judicial District.
This indictment was found by the Grand
Jurors of the parish of st. Bernard. A change
of venue was granted from the parish OF st.
Bernard to the parish of Orleans, and
motion to quash the second count in the H.
dictment, on the ground of duplicity, was
filed in the Superior Criminal Court on the
o III ha
defense. and fixed for hearing on yesterday.
The Attorney General appearing for the State.
The case having been submitted, Judge Steele
said:
81 have carefully examined the motion OF
counsel, and am Of the opinion that the in
dctment is radically defective, as it does not
clearly charge that the defendants in the case
were accessories before the fact; that there is
ambiguity and doubt with regard to the count
is evident from the fact that some OF the coun-
sci for the State considered the count to charge
the defendants therein named as being acces-
series, while others look upon it as charging
them with being principals.
With regard to the first count the Court
said: "As it fails to conclude with the con-
stitutional xpression-contrary to the form
of the statutes etc.-which is fatal defect,
am of opinion that the indictment can not
stand. It is therefore ordered that the said
defendants, John w. Ward, Robert Harris,
James Kahn and r. s. Dennee be remanded
to the custody of the Sheriff to answer such
charges as may be brought against them by
the Second judicial District Court for the
parish Of st. Bernard, and the Sheriff of the
Criminal Court for the parish of Orleans is
hereby authorized to release the defendants,
Robert Harris, James Kahn, and Il.
s. Dennee from custody, upon their furnish
ing bail, each, in the sum of $4,000, with good
and solvent security, conditioned as the law
directs, for the appearance of the said Robert
Harris and the said James Kahn and the said
r. s. Dennee before the Second judicial Dis
trict Court for the parish of St. Bernard when
ever notified; said bond to be accepted and
approved by the said sheriff or any OF his law
full deputies.
The defendants, Messrs. Dennee, Kahn and
Harris, having furnished the bonds, were re-
leased.
ARP iIGNED.
John Mandere-Charged: First, with forg-
ing an order for the payment OF money;
second, with publishing as true forged
order for the payment of money. Pleaded
not guilty. Bond $4,000.
NoILE PROS.
State vs.. James Donahue-Charged with
robbery.
INFORMATION FILED.
Statev Maria gton-Charged: First,
with burglary; second, with grand larceny.
FORFEITURE.
State VS.. Frank Bellanger with
carrying concealed weapons. Forfeiture OF
bond.
Court adjourned until Monday, the 18th.
b IL,