New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-10-04
COURT RECORD.
ruEDAY, OCTOBER 3, 1876.


St. Patrick's Hall Association vs. city Of
New Orleans.-Petiti0ner alleges owner
chip OF four lots in square bounded by
Camp, Lafayette, Magazine and Girod
streets; that they were originally owned by
the Odd Fellows Association, and sold May
10, 1871, to Patrick Irwin; that he trans
ferred them to petitioner, May IA, 1873; that
the Odd Fellows always used them for
charitable purposes and they were, there
fore, exempt from taxation; that The city
has seized for the years 1871, 1873, 1874;
that the lots were exempt for 1871, because
four months had elapsed at the purchase;
that the building erected is for church pur-
No. % of February 26, 1874, positively
exempts petitioners property from taxa
ton. Injunction issued on $1,000 bond.
Superior Criminal Court.
Presentation. H. Z. Steele, judge; Hon.
w. H. Hunt, Attorney General; John N.
Healey, Esq, acting district attorney.
The drawing and impaneling of the
jurors was formally completed.
The following were selected a. grand
John H. Clarke, foreman;
j. L. Gubernator, Charles Engstfeld,
F j. Gasauet, M D. Gardner,
Rudolph Harrison, G H. Hammersley,
Levi. M Dunn, E j. S0uby,
B. Thomas, George Pearson,
j. s. Copee, T. Fitzwillism,
w. Il. Reynolds, Hyman Smith,
Frank Waiter.
The court then addressed the grand jury
az follows:
Gentlemen-You have been selected,
duly empaneled, and sworn to serve as .
grand Jury for the parish of Orleans dur
ing the ensuing three months. With gen.
tlemen of your intelligence and nigh moral
character it can not be necessary for me to
say anything to impress upon you the great
| responsibility of the positi0n you now oc-
| cupy, or to urge you to faithful discharge
| of your whole duty. shall, therefore, con-
fine myself to . few brief instructions - to
| your powers and duties.
Under the constitution of this State pro-
| secutions for crime are by Indictment or
| information. Informations are fled by
the Attorney General or district At
torney. Indictments nre found and pre-
sented by . grand Jury. Your body is
is composed of sixteen jurors, the concur
renee OF any twelve OF whom is sufficient to
/ 6nd IN Indictment, which is called . true
bill.
Your foreman has authority to administer
oaths to the witnesses who may appear be-
fore you, and he will act a. your presiding
officer during your deliberations. Your sit
tings will be in secret, and it is to be hoped
that NO member Of this jury will 90 far for
get his honor and the oath you have just
taken a. to ever report what may transpire
in your Jury room, either as to the action OF
Any member of the jury or the statements
of witnesses.
This oath of secrecy is important, not
only as protection to yourselves and the
witnesses who may appear before you,
but also to prevent criminals from
being informed Of your action, and thus en-.
abled to avoid arrest. Bills OF indictment
will be prepared and submitted to you by
the Attorney General, with evidence in
support of the same in such cases as are
now pending or may be brought to his
notice; and you have authority, also, to
originate Investigations when in your judg-
ment the interests OF public justice require
it. The court will, upon your application,
| issue the necessary orders to secure the at
tendance of witnesses or the production Of
public books and records, or euch other
evidence as you may require. You will De
assisted by the Attorney General. who will
to do so. If. upon examination OF
the evidence in any case, twelve OF
more of your number, either with
or without your foreman are of the opinion
that the accused should be put upon trial
for the offense charged. than it is q ''true
bill," and your foreman will 80 ind0rse or
the back Of the indictment the words. 9
/
foreman" and return it into court, or Il
twelve of your number fail to agree TO the
Indictment, then your foreman should in
dorse the bill mot Q true bill, sign and
return as before. You will cOntine yOul
investigations to such odenses IA under oul
statutes come within the jurisdiction .
this court.
Under sect ion one, act No. 124, session o
1874, the labor OF grand jar'es IN thi
parish has been greatly lessened. Yon
duties now being restricted to th'
, investi CATION of only the higher grad'
8 of offenses, and such other violstlOn
of the criminal laws Of the State 40 MAJ
come specially within the jurisdiction o
t this court. The act referred to with the othe
criminal statutes of the State will be fur
nished you for reference. The jurisdictio,
, of this court extends to the trial and pun
7 ishment of all Offenses committed withil
the parish of Orleans, for which tho punish
ment of death or imprisonment at har'
labor for moro than tive years may be i'm
posed.
Also, all violations of the registration o
election laws OF the State; all offenses com
). mitted by or against State or municipa
o | officers acting in their official capacities
violations of the law prohibiting uulawfu
assem blages, carrying concealed weapons
| conspiracy to conceal crime, or to oppos
the execution of the laws of the State.
i 1t is made my duty to call your attentio
t specially to the statute prohibiting the Cal
. rying OF concealed weapons, such as pistols
4 dirks, bowie knives and other dangerou
weapons. For the past twenty years tn
q Judges of the district courts in this Stat
:, have been required to specially charge tn
!: grand Jury as to this law, and believe tn
law has generally been complied with g
far as the duty Of the Judge is concerned
but l am sorry to say the carrying OF Col
oealed weapons is still common in this city
u The practice is not as general as man
! suppose. Investigation will show ths
9 . rule do not carry concealed weapons
Y but on the contrary, large majority OF tn
people of this city demand that this lav
e ehail BE- enforced l can only remind 20
9 that this court will send for such witnesse
l, as YOU may require, and that you hav
: sworn you will diligently. inquire an
true presentment make; that You wi
= present all things truly and ind'fterently
! they shall come to your knowledge" 70
are empaneled to serve for tho next thre
3 months, your term ending on the thlrt!
9 first of December next. During that tim
J general election is to be held IN tn
' parish, which always causes more or 10!
= excitement, and you should be particular
cautious at such time that You are NJ
q made use Of by designing men TO gratii
y either their ambition or revenge. 70.
>, duties can in no way be effected by Il
q status of any politieal faction. You are
O. slieid the innocent and present the gull
J. for trial, ami in all that you do, romemb
that you are to "preaent no one thr0uf
u envy. hatred or malice; neither shall "
% leave any one unpresented through fea
10 avor. affection, gain, reward, or the ho
o. thereof"