The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-01-15
THE couRTs.
SUPERIOR CRIMINAL oouur

me HyUmaHOns against the Kod....
Members Qf TIC Hahn House. ns.a.ce3
dnd Others, are Qnashed bu Judge Ssssal
We publish In full the decision Of JrS s
Steele, rendered Friday morr,.
Quasnlng the 1niorInations aqainst ~
Kad1eal members of the Hahn Houss y
Representatives who were accnssS
bribery
'"The State of Louisiana va -
Devices ct als. On motion to a,,..9
Tho information I'm this case Il bnssau!
upon section OF act 4 OF 1879, bejnv' =
net TO punish the crime Of bribery w
The defendants now move the Co..
to uiash tho information filed ,Ino, vaA
ground that the statute does M sne
thorize tho proceeding by infor,un,taao
but specially requires tho prosas".,qn,
to be by Indictment. The motinr y
quash is one addressed to the i,dia,wV,
discretion OF the Court, which discrsss'
ton must be governed by judicial NV
The principle Us well established NV;
when 1t appears from any reason INV
the prosecution cannot be proccedsss
with advantageously to public i,,stsssu
the proceedings should DO quasked y
which the State may be enabled Ia y
stittte proper proceedings before H.
ofTense could be punished. from wbi%
hold that II In this case II at,nsssa
that u conviction could not be iisis''
tanned upon the information m aisS
OF IL even the question Ia doubtful. ihss
the information should bc u,lnshsdI
while there Is yct time for tho prnnss.
proceedings 10 bo had. The constIt,'
ton. article g. provides that "Proseeuw'
tons shall be Indictment or iniorms'
tion,' clearly leaving IL within Nv
power Of tho Legislature 10 say whctbsrs
tho prosecution In any particular eass
should be by indictment or informatlon
In tho statute referred to and ,ln,lss
which this prosecution Is instituted H.
Legislature does provide "rhat II NM INV
person shall lreciting at length Tia ~.
rious acts the commission of which II \.
the intention OF the law makers 10 INN
ish) he shall be liable to indict,nsnt
before any court Of competent j,triHdIrs
ton in tho State Of Louisiana. and nm
conviction shall be fined, etc.
This act, creating u new crime. h.
came u law December 2G, 1879, and d
the extent that authority Is given llndey
this Inv tho courts are authorized IL
deal with those who commit tho crims
of bribery and no further: the prosac,,,
ton must stand or fall by this law. mr.
can we bring to our aid other acts 81 4
general character. passed preyiotlslv
To give to this net more or less inennin,,
than can DO fairly interpreted from IA
plain letter.
think II safe to follow the law. and
for the reasons given will now ofdet
that the informations In these cascs a.
abate aud TO be set aside, aud that ths
accused parties, u. w. Devices. p. Jones
York, J. 1. Matthew'S T. Davis, X III
Ray, J. II. Stewurt, Melton Jones snd
J.. H. Parker, be held In bond In IN
sum Of $1,000 each conditioned for theIf
appearance to answer such charges as
may be presented against them by the
Grand Jury, and that the clerk OF this
court transmit MI papers pertaining 10
these cases, with tho natnes OF the Vii.
nesses and such other evidence ~ may
be admissible to the Grand Jury for
their immediate action"
It Is thought that only two months
will elapse before this offcnse Of the
parties will be prescribed by the
statutes creating this offense. and IN.
less Immediate action IL taken by the
Grand Jury, and q speedy trial Is had,
these parties will escape the penalty
which they assuredly merit II they are
guilty.
The DEvEREArx AND SMITH CAsE.-lThe
case OF cx-Special Detective Devereaux,
who was arrested some two months ago
on charge or shooting and killing
Munson Alexander, an escaped convict,
after the latter Ind surrendered 10
Devereaux and another detective named
Smith, came up I'm the Superior Court
also on Friday. The case Of both Smith
and Dovereaux was investigated by H..
cordcr Lucien Adams, who deemed II
for the Grand Jury to invest.
gate tho matter, although there was no
evidence against either Of the defend.
ants, aud on Friday morning the Grand
Jury returned Endorsed on the charge,
Not u true bill. 3" s
AT the time the complaint was entef.
cd hgainstsDeverenux the impression n
created was that this was d move nlnds
by parties whom Devcrcaux was instrtls
mental. rs IL detective, In having In
dicted for murder.
Nollc pros. The State entered O nolIo
pros. in the two cases against John
Layct for embezzlcment.
Verdict--A verdict Of not guilty was
returned I'm the case OF j. j. Sullivan,
with assault and battery while
acting IN the capacity Of a metropolitan
police officer.
COntlnleu-~CHseS OF the State. w.
James Augustine and Frank Paul, IN.
State We. Francisco LaIa. until Tues.
day, 18th.
state VS.. VIM. Dixon, alias Mah0n,
md Henry Graham, TO Monday, 17th.
FIRST DISTRICT COURT.
Informations were filed in this court
against the following parties: Isanc
Schultz, J. and Mrs. Burke, charged
with assault and battery, and Sophy
Tellman and Adele Scott, accused Of
larceny.