The daily gazette., 1878-03-19
SECOND EDITION
Release of Returning Board
AndersOn-DecisiOn of the
Louisiana Supreme Court.

NEW ORLEANS, March 18.-The SUD-
RENE Court this morning was crowded
| with members of the bar, politicians and
other persons anxious TO hear the deci.
sion in the case of the State VS.. Thomas
Q. Anderson, convicted in the Superior
| Criminal Court for pu ublishing as true
forged and counterfeit election returns
from the parish of Vernon. Chief JUS
tice Manning read very lengthy opinion
in the case: Af,er reviewing the charge
verdict and sentence, the court took Up
two OF the exceptions as being the only
ones necessary to consider in rendering
q Judgment. They were "There had
been no preliminary examination" and
mat sit is not practice to prosecute by
information"
Both exceptions were dismissed, the
first upon the ground that a preliminary
examination is not essential and second,
that prosecution by information has been
common rule in criminal prosecutions
TOR many years The exception to the
drawing of tie jury was also dismissed
on the ground that violation of the
spirit of the law is not pretenced. Rela-
tive to the offense itself, the court gave
an abstract of the election law, detailing
Its requirements. The exact method
prescribed in law was fully described.
The record offered in evidence did moi
conform with that mentioned in the i'll
formation. The document offered was
consolidated statement certified by the
register ofvsters and not the "original
returns, and the statute OF our State
does not attach much value to this cons
solidated statement. The "original re-
turns" not being altered would not
change the result OF an election and in
terfere with the interest of the people.
1he paper offered in evidence is not the
paper charged as being forged. In order
TO be forgery an instrument which it is al
legged is falsified must. If true, be legally
capable of committing fraud. Nowhere
in law is a consolidated return required
as declaration of the result. aud its
alteration or modification can in no way
affect the election.
II every consolidated return were
forged, and the returning board compli-
ed with the law and made their state
ments from the commissioners returns,
no injury could result. 1t does not ap-
pear that any paper has been forged that
is calculated with compliance with the
law to change the result. 1t is the es-
sencs of this crime that it should be
by public officer and on a
document which would change the re-
suit OF the election. This was not done.
The letter of John Sherman, Stanley
Matthews and others, which appeared in
the record, was alluded to by the chief
justice, who stated that il should be treat
ed by the public in like manner as that
Of member of the House of Commons
who attempted to influence the decision
ol the comt in the Tichborne case. 1t |
was ordered that the verdict of the Jury |
be set aside and reversed and the priso- |
ner discharged from custody.
WASHINGTON, March 19.-Governor |
Packard, Postmaster General Key, and |
several other gentlemen called on the
President after the decision of the Lou
siana Supreme Court in regard to the
care of Gen. Anderson and others,
OF the returning board, was |
The President expressed |
lis qualification at the decision, and said |
hat the entire Union wsuld applaud the |
action of the Sspreme Court az patriotic |
md in the interest of conciliation.