The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-13
CVsTOMnOusE NOTES.


rho attendance ut the tustomhous,
aud The Circuit Court room was yer,
large Yesterday morning. as It wal
,hol,pht that this would be the day o
,ho great final struggle between tn,
United States and the whisky men. as /,
had been fixed for the final pleading in
,he whisky cases; also for the pleading
II the special pleas. But the case OF
Gallier vs.. Caller, which had occupied
norton of the courts time on Tues.
Law. coming up. took SO much OF the
conr, 4 time that by mutual agreement
the headings were fixed for yesterday
morning. Only a few arraignments
we're made Yesterday, the following be-
ING full list Of the same: Q. II. Kars-
tendeik. two indictments. security in
oaeb case $4,000, furnished by L. NJ
Ziegler. ESD Mcssrs. w. j. Behan and
Thos II. Webb. each gave $4,000 bonds.
which were signed by +. A. Behan S, J.
Hammond gave Alex. Smith. Esq. as
aecurity for $4,000, and John Thorn, ESQ.
furnishing the same security, Mr.. NJ. l..
Nayra going on his bond
Judge Woods stated that he would
tnrn over his civil eases to Judge Bill
lings aud attend to the whisky prosecu-
tons.
Below we give u copy Of the plea
opainst the legality of the United States
Grand jury urged by the whisky mon
And the .nid now come each in his own
n,nncr perapn. before tho court and having
heard read the said Indictment heretofore pro.
genied against them and others and filed in the |
above entitled ano numbered cause in said court |
Tor plea say, that the United States of America
ought not further to prosecute and maintain tho |
said indictment against thcm. because they |
say.
Jury by whom said Indictment was found and
returned into conrt. ~ the November term lg5E
thereof are not and We're not summoned So
lrcrd or impanellcd in accordance with law in
this.
Inat on the morning Of the 9Th Of April 1876.
twenty-five grand jurors answered to their
names having served ~ such grand Jurors from
day to day, since the 18th day If pecember 1875,
aql npGr aa'd ~ nay T MN D. 1870 nine
) Stevens, 4. ~ blanc Austin II. IRH o"nIre m
samuel a. kreeg"r. Spencer Field Jr'' ] II
heller. William Hart and James B.-Sinnott we're
grand Jurors rs aforesaid. ana among eaid nine
grand Jurors was included NJ
the foreman Of said Grand Jury
and by reason thereof. but thirteen pnrsons reI
naming. no Grand Jury existed in this honor
ahr court, That thnreupon, on said nth day ~
April, A, y, 1875. the marshal was ordered to
summon six Jurors from the city of New Orleans
% serve as grand Jurors. said order being ra-
urnable ON tho sixth day Of April, A. D. 1876 and
n said persons returned by the Marshal on !
aid day being excused. 2 only were salecte ed IA |
rand jurors. and n further order being issued ,
) said Marshal on the 9Th day Of April. A. ID. \
So for four persons to serve as grand iurors | =
on same day. three thereof al ra' | ,
lrnod were selected "a grand Jurors. and said
te persons 50 seloaod rs aforesaid. az grand
lfnIR were Nv tho Court sworn aa grand l,lrnrs
lth the thirteen persons remaining Of tho
ancl Of twenty-five grand Jurors existing ON |
al eth day 81 April, 1876, and said eighteen |
orsons were thcrcupon sworn rs n Grand Jury |
this honorable Court Silas Weeks ono ~
lelr number, was sworn as foreman aud hy !
,e Court to the 50 constituted Grand Jury a q
barge was thereupon read and said Grand ,
ury thoreupon entered upon the discharge Of !,
lcir dutiea; all contrary 10 sections 400 3 + ap9 |
nd So " the Revised Statutes Of tho ltnitad q
tates, contrary to act No. % Of the acts Of tho
ear 1873 Of the state Of Louisiana. and contrary !
rules NJ. 80 and 81 Of this honorable Court
.. And FOR further plea in this behalf thev /
That thirtccn members Of said Grand Jury
Ia; j. u. firolo. Gustaye Boutin, L. G. Chris.
iphc. Adrian vidal. Eugene Duyernay Louis :,
aspar, L. nnedo, Thomas Boswell. James '
gughlin. 4. Ramos. George " Wright. John
Meal and Joe Mont plaisir by whom said in. !,
ic,ment wa fodnd and returned into court "a !"
ioresaid. are and were disqualified IA such !,
rand jurors in this II
That said thirteen Grand Jurors above named
ere thirteen Grand Jurors " the Grand Jurv
This Honurablo Court, whereof NJ. NJ Green
God WIZ foreman said Grand Jury last pre- !,
,ding the present Grand Jury and said pro I'll
sding Grand jury. whereof said NJ. NJ. Green.
God was foreman, Of which said thirteen per-
ma above named formed part. did find AID
turn Into this Honorable Court. an indictment A
ganst the defendants aud others in form ana y,
distance the same as tho present Indictment | Fl
M for violation " the same laws Of tho United =
aics under the Same counts ana the like facts W.
presented by the present Indictment That 81
I reason Of said p,rior indictment, the said
rtren members had formed and expressed an In
pinion upon the evidence there submitted and 80
,uld not by reason thereof sit upon the present u,
mel Of Grand Jurors. cl
=. And for further plca in this behalf thoy say.
That no lawful indictment was found, or law n,
i presentmcnt made and returned:into court ~
'rein by said Grand Jury as required by law; eS
's OF said Grand Jury was given upon tho h,
after charged in said indictment. and that the
enHtnre VI the foreman of said Grand Jury
las Weeks, was placed upon said indictment sc
hou the concurrence of Mt least twelve of
~ Grand Jurors at or before the day said
dictment was returned into court and filed in
records. all contrary to section 1921 of the Re-
sed Statutes Ofthe United States. ,
1 And for further plea in this behalf they ~ ~
That no lawful indictment was found or law to
preeentmcnt made and returned into Court ar
rein by said Grand Jury as required by law. =,
this that the said indictment was presented w
the Court and filed without the authority of
Grand Jury. 10
|. And for further plea in this behalf they say III
y btif, FuEtHP buN'IHHN. AuFlhn NiUitl / e
az. Il. Piroe. four Of said Grand Jurors, by 70
0m said indictment was found and returned IL
y court NJ aforesaid are and were each Of said w
and Jurors incompetent as such Grand
rors. in this: That said four named Grand ~
rors, and each of them were, and arc ignorant III
NE English language. and unable to under Gt
nj the same when read and spoken and are A,
d were not able TO read and write leliby the =,
gsh language. "
Ind this the said defendants are ready to rs
ify. sh
Wherefore they pray judgment of said in in
tment, and that the same may be uuashed. -
-. Attorneys. Dl
-. being duly sworn, deposes and says Es
L the foregoing plea is true In substance and nj
fact -