New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-25

fesDAssAfsla 81 NC

0oel0nol C1ezonship which tho States Ar>
forbidden BY the fourte06th amendment
70 s.bridge. 4 etste court can. NO,
duo peooess Of Law; but tbis ~ lot neces
sarily imply that all trials in. tho State
courts, Affecting the property Of parsons
must be BY jaHy trial. The settled coufse
Of judicial proceedings meets this require
ment. DIDO proceeds Of law in the States il
regulated by the law thereof The State
court has decided in this case that the trial
without jury was In accordance with the
law of the State, and the law is found NOT
e conflict with the constitution e the
United States OF any law thereof. Deci-
sion affirmed; Clifford and Field dissenting.
Gassed vs. Beal ct al, from Georgia.
In this case the court affirm . decree in
favor Of the appellees for the proceeds Of q
large amount Of. cotton which. they claim
the appellant had attempted to obtain from
them without confederation, under pre-,
tended military authority.
UniteA states Cireaat Court.
Present Hon. W. B. Woods, Circuit
judge.
United States W. Edward Fehrenba6h
and many others.-Conspiracy to defraud
the United States. On trial.
oaoeFl0F Criminal Court.
ACQUITTED.
State W. Alfred Csps.-xurtler. CHARGED
with the killing of Thomas Maxdexexart,
at No. go TchOpitoulas street, on the third
of August. 1875. Second trial Hirat trial
resuited in . uaistrinl. in Jsnn1rv iast.
cu.r,rxcr no cD,v, ,r.v
.1 Az "AAND 'o.
Svate vs. y. .. restioge.-Andlcted April
Z. 1876, for tho murder of Major w. D.
Hardeman, on the fourth of March, 1876, at
No, 63 P0rdidO street, ArQued and taken
under advlsement.
l. 1t Is contended BY the accused that the
time hxed (ten Gays before tho expiration
OF every month"; BY tho act Of 1874, at which
the Jury commissioners anu criminal sheriff
shall draw the venaro OF Juror. Is naanda'
tory and non compliance With the law in
this particular yt.ates tho drawing:
.. 1t 10 ceotended that the act OF 1876 an
nexlng the Fifth and sixth Monicipal Dis
trlct OF this state, and exemptinG citizens
OF said municipal districts from deriving 20
Jurors N any courts OF the parish OF Or
leans other than that created BY said act,
ls unconstitutional, inaemuch - article elk
OF the State consutuno9 prov1qes that the
accused snail DO entitled to speedy pub
lie trial by On impartial jury OF The parish
In wnicn the ouense was committed; that
venHe q juror: drawn I4om nve out OF
EE1:- "a ~: -F:S- ~ ~ " ~. 10y
ID vloisuve OF TINS articie OF the 0ooeotutl0n
and 10 not Jury OF tie pa.ishs A grand
JuT! soiecteo 1rom sucn venlre can not Do
venG:
.. w. cOntenoeo mat the Iurnlsnlng OF
names 70 tne Jury commissioners Dy Llone!
ADAMS, tnougn s9cn names yere accepted
1y the Jury commissioner, WAS not . &C.
iectlon oy tne Jury commlesloners a. re-
CURED oy me act OF 1877, put was = selec,
ton ey tnirG person unautnorized oy and
un M1 S % .n9 law:
special plea IN oar on chaalenge 70 the array
OF grapo 1uiors nlea' inc aiegsuons IN
the replcauon are . 1ouows:
l. 1ae venife OF Jurors rom winch the
grsn1 JQfors ~ wnoh tn!s inolctmsnt was
Iouno were selecte1 was Drawn oy Ine jury
commissioners ana crimlnaA eherif, IN &C.
coroance with law. Inst IN truth and IN
isct the jury commissioners, together with
tne cr1ml9al snerin; drew t9e names 1r0H
Inc oo1 cr Iaeei, n accoIaance wlte me
law ahe IN o0ooience 20 the oroer Oh the
court. That the order to draw the jury for
the month OF Aprii was issued oy me court
on tne twenuetn oaE OF Marcn, $780, 1oly
ven days before the expiration OF the
month IN wnlcn the court tRen neid lis see.
SION. 1nat tho venlre from wnlch the grand
Jurors were eelected was composed OF per-
sons possessing an tne requiremente OF
jurors: ana tnat tnere1ore tne Iauute OF the
Jury commissioners ana snerlI 10 orsw on
the Gay designated does nos at1ect the va
wrong was committed m the drawing and
lmpanehng OF the gran1 Jury, and that,
therefore, under the settied lurlsprudence
OF TINS state the grano jury ls Valld ana
legally constituted 0ody, mat the pr0vls'
ions OF the act OF 1874 are only directory:
z. That the list OF persons from whom the
grand Jury were selectea oy the ludge OF
tnls court, was hst OF nsts OF persons &C.
leete1 importantly 1fom the Ciuzens OF the
parish OF Orieans' naving inc necesssry
quaH9caIOns Is requireu ~ sectlon nve Oh
me seven J9r1rs reJectee anu Soy asl9e 0y
tne jo99e OF tnis cou1t, wero reJectea ana
SET eslde 1or 9ooo ana 1awIui causes tnar 10
40 II seno,, ,a.son. re;aotod he;rr ras;aants
respectively OF the sixth and Seventh Dis
trlcts OF the parish OF orleans, were not
competent to serve as Jurors IN TINS court.
.. That the names OF persons wnicn were
placed IN the Dox or wneel from wnlcn the
venire of jurors were drawn by the jury
commissioners and criminal sheriff from
which the grand jurors VINO found the IN:
dlctment herein were seiected, were selected
~ 0rIs.Hys if ha1;nr the nsoosss s1 p"ns1;.
locations by the Jury commissioners, as
is required BY act No. 1874 of the acts
Of 1874; that under the request Of the
jury commissioners, and to help and to
!aclntato tnom IN inc olscnorge Of tneE
10y, n'J ~ 1 a;4tsa ~ - "; ~. "
~ "o th"t ~ Il, m :" - ..u h
ted and Dresented to the iurv commission
ers, who approved and verified the same as
o supplemental list; that the jury commits
aiOnora than QnrfifiA6 the, nat fOuothar