New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-08

as confession on the part Of the editor
that his journal is limited in circulation.
We do not 80 understand it. We find
an excuse for the iteration in the
fact that it affords one who is look
ing about for something to find
fault with an admirable opportunity to
vent his spleen on the Republican party.
The accused are, some of them, at least,
Republicans, and the object of the writer
is to show that they have been released
by Republican judge. As there is no
politics in crime, or should be none, we
regard the point as of no moment. If it
would serve any purpose, we could show
that proceedings had been begun against
all but three Of the accused before the
First District Court, presided over by
Democratic judge. Two Democratic dis
trict attorneys have had charge of all the
cases, and the only Republican agency
we can discover in the matter at all, is
that belonging to the Judge of the Supe-
rior Criminal Court and the Attorney
General. At first, Mr.. Luxembourg and
Judge Abel had charge Of majority of
the cases. Mr.. Luzenburg was succeed
ed in authority by Mr.. McPhelin, early in
1873, and the principal portion of Judge
Abell's authority passed over to the Su-
perior Court some time in the year follow
ing. But as it is not the duty of the judge
Of criminal court to step down from the
bench to hunt up evidence to convict
prisoners, we do not see how either Judge
Abel, or the several judges of tie Superior
Court can be blamed. It is assumed,
however, that ''of course we presume there
are all sorts of explanations to be had"
AS these explanations, if any are to be
offered, must come from one or the other
of the able Democratic lawyers who have
discharged the duties Of district attorney
during the tendency of the cases, we
leave to them to make such excuses as
they think proper. We do not think
anything further than the statement made
to the court on the motion to discharge
the prisoners is necessary. 1t is a fair
presumption that both Mr.. Luzenburg
and Mr.. McPhelin used due diligence to
collect evidence to sustain the prosecu-
ton, but failing to find witnesses were
forced to ask for the discharge of
the accused. It does not follow that
''three years have been fooled away"
beca use in that time the State has failed
to convict some ten or dozen persons
who " ere merely accused Of crime. We
remember an instance in which three
hundred persons who stood accused of
crime before the First District Court of
this parish were discharged on nolle
prosequi at once. As it was long before
the war, Of course the Radicals had
nothing to do with it. Nor did the dis
trict attorney make any further apology
OF explanation than a statement to the
court that most of them were old cases in
which the witnesses could not be found.
The court then, as now, had no discre.
ton in the matter. The right to dis
charge prisoner under the common law,
which prevails here in Grim inal practice,
is virtually lodged in the prosecuting
officer, and not in the judge, who is
obliged to grant the motion or disbar the
attorney and appoint another to repre-
sent the State.
In comfortable juxtapo sition with this
growl at the failure Of sanguinary judicial
proceedings, we find cheerful little chirp
Of gladness at successful little tragic af-
fair up in Grant parish, which resulted in
the death of another Radical" and in
blotting ont another Republican vote:
"An eye witness of the Register homi-
eide in COlAx last month writes to the
Democrat saying that Registers slayer is
not negro, as was first stated, but white
man by the name of Moore. The descrip-
ti0n given answers to nephew of ex-Gov-
ernor Moore whom We knew during the
war. He also was MANNED, having lost his
right arm in the Confederate service. The
quarrel seems to have been provoked by
Re- gister, and only accepted by Moore
doubt, imagined that q One-armed adver-
sary offered an unusually brilliant opening
for prOwess; but it appears from the result
that Moore had learned to make his lett do
double duty.
There is as much joy over the assassi-
nation Of one Republican at the hands Of
disabled ex-Confederate as there is vir-
tuous indignation over the escape of
number of accused persons who either
have no votes or are of uncertain politics,
for the reason that nothing could be
proven against them. The further fact
that the slayer of Register was known to
the writer during the war, may be taken
as an additional reason for justifying the
act.
And sothe Democratic journals 60 on,
as in the days Of Hudibras, they ''com-
pound the sins they are inclined to by
damning those they have no mind to-"
The very next case of outrage upon life
or person will be gagged by the same
standard. If the victim be Republican
it will be heralded as an act of justifable
private justice; but if Democrat receives
any injury at the hands Of Republican
there will be a loud cry for halter, as in
the case Of John Gair, who was lynched
by mob for no known crime, and the
murderers even app,auded for the bastard
ly deed.