New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-07-16
THE LOUISIANA CASE.

The latest developments in the case of the
four officers of the Returning Board at New
Orleans afford strong confirmation of the re-
port that the action of the PrOsecut-
ing Attorney is part of political scheme
set on foot by implacable Bourbons in
Louisiana. aided and instigated by Demo-
cratic leaders at the North, to make use OF
the Courts and the machinery of the law in
the interest of Mr. Tilden's " fraud campaign"
The story has been industriously circulated all
over the United States that Wells and his as
socates were indicted by Grand jury com
posed of four Negroes, eight Conservatives or
Liberals, and only four BourbOns, and that the
jury acted of its own motion, without any
outside pressure-the inference, of course, beng
that the evidence must have been oyerwhelm-
ing. Now, however, the four accused persons
address communication to The NeC York
Herald which tells very different story. 1t
appears from their account that, although the
charges were brought before the Grand
Jury, that body has never found an
indictment-the process upon which they nave
been arraigned, beng merely an information
filed by the District Attorney of his own ac-
cord 0he Grand Jury being in session at the
time and for fortnight afterwards), and kept
secret until the Court was about to adjourn
for the Summer. There can be no trial now
until the Autumn, and perhaps later
If this statement is true, the conduct of Dis
trict- Attorney Finney becomes suspicious in the
very highest degree. An information " IS an
irregular and almost unheard-Of method of
originating a trial for such ot1enses as forgery
and perjury. "This process is rarely resorted
"tO in America" says Story, "and 1t has never
"yet been formally put III operation by
"any positive authority of Congress under the
National Government in mere cases OF INSIDE
"meanor. though common enough in civil pros
"ecutions for penalties and fOrteitureS." 1t IS
expressly prohibited by the Federal COnstitu-
ton in cases Of ga capital or otherwise lnfa-
"mous crime;n it is not allowed by the
common law for any Ofense above
the grade of a misdemeanOr; and several OF
the States have provided that there shall be
no proceeding by information in any case
where an Indictment will lie. Hence, although
we must presume the course of the DIS
trict-Attorney IN this instance to be in con-
fornitv with the letter of the Louisiana law,
il is unquestionably contrary to the whole
spirit of our jurisprudence, which is unwii-
ling that any man should be held to answer
a grave charge without the interpOsition of
Grand Jury.
If the members of the Returning Board have
been regularly indicted by legal Grand Jury
there will be no disposition at the North to
criticize impertinently "A proceeding which Is
perfectly regular however imp0litic it may he
under the peculiar circum -tances. But if
single Democratic functionary has taken it upon
himself to stretch his authority almost to
breaking in ordc[to do what the Grand jury
apparently thought ought not to be done, the
case is blavely altered. The partisan purpose
of the trick is so plain that all just and mode
rate men Will revolt at it, and it is not UNI
likely that the accused may be made the OBJ
ects of great deal of misplaced sympathy.