The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-19
The Verdict Set Aside and the
Prisoner Released.
OPINION OF THE SUPREME COURT.
The Offence Not a Forgery
Under the Law.
Effect Of the Decision on the
Wells Case.
[BY TELEGRAPH TO THE HERALD

NKw ORLEANS, March Is, 1875.
The Supreme Court this morning was crowded with
members OF the Bar, politicians and other persons,
anxious TO hear the decision in tho case OF the State
VI. Thomas G. Anderson, convicted In tho Superior
Criminal Court for publishing as truo forged and
counterfeit returns of election from tho parish of
Vernon. Chief Justice Manning read very lengthy
opinion in the case.
OPINION COURT.
After reviewing the charge verdict and sentence
the Court took up two OF the exceptions being the
only ones necessary To consider III rendering judg-
menL They wcre-"lhore had been no prem mary
examination, and It Is not practice TO prosecute by
an information" Both exceptions were dismissed,
the hrst upon tho ground that preliminary exami-
nation Ia not essential and tho second that prosecu-
ton by Information has boon common rule in
criminal prosecutions Tor many years. The exception
to the drawing OF the jury also dismissed, the
ground that violation OF the spirit Of the law
pretended.
THE ITSELF.
Relative 10 the offence itself the Court gave alb
sract of the Election law, detailing its requirements
Tho exact method prescribed in law was fully de-
scrbed. The record offered In evidence did not con-
form with that mentioned IN the Information. The
document offered was u "consoidated statement"
certified by the Register OF Voters aud not the "orgi
nal returns and the statute of State does not at
tach much value to this consolidated statement. The
original returns not being altered. would not change
the result OF election and interfere with tho interest
OF the people. The paper offered in evidence not
tho paper charged as being forged In order to DO
forgery instrument which Is alleged IL alsined must
II true BIO legally capable OF committing u fraud.
Nowhere IN law a consolidated return required as
in way affect election. II every consolidated
return were forged, and tho Returning Board CON-
piled with the law and made their statements from
commissioners returns, no injury could result.
II does not appear that any paper has boon forged
that Is calculated, with compliance with law,
change the result 1t is the essence OF this that
It should be committed by public officer, and on
document which would change the result OF election.
This was not done.
LETTER OF THE VISITING STATESMEN
The letter Of John Sherman, Stanley Matthews and
others which appeared In tho Record was alluded 10
by the Chief Justice, who stated that 1t should be
treated by the public IN like manner that OF tho
member Of the House Of Commons who attempted to
influence the decision Of Court IN the Itch borno
case.
1t was ordered that the verdict OF the jury 10 set
aside and reversed, the prisoner discharged from
custody.
HOW THE DECISION RECEIVED.
The decision Of the Court causes considerable
prise and comment. II Is generally believed In
they had affirmed tho decision OF tho lower Court that
Nichols would have pardoned Anderson. but this
decision relieves him of this necessity, and though
he expressed no opinion when asked by your corro.
sponden was evidently pleased with tho solution Of
affairs.
ADJOURNMENT OF TUE LEGISLATURE
joint resolution was introduced this morning and
adopted by both branches adjourning the Legislature
to-day at two o'clock. THIS In a manner Endorsed
the statement selegraphed first to the HERALD that
called to enable Anderson's case
to be brought before tho Senate AS this has been
settled thero is further need OF their remaining in
session, though the fifteen days will not be up until
Friday next.
COURSE ATTORNEY GENERAL.
Under the law the Attorney General has six days In
which TO nle In the Anderson matter or to
ask for now trial II was stated by Mr. Anderson's
friends this morning that Attorney General Ogden
had promised last week that If the Supreme Court
decided against him no would not push matters or
reopen the case 1t is now believed, however, no
WILL he is said to smart considerably under tho de-
csion rendered.
THE WELLS CASE
As It has been asked by many whether tails decision
Affects Mr. Wells case, IL may DO stated
that nis will be opened as possible and
every effort made to push it. 1t Is thought there Is
q much stronger case against him than against Andor
son, and that there arc far greater chances OF
his being punished Both Wells and Andcr-
son have powerful friends In tho State,
however, outside OF the republican party,
and tho decision OF the Supreme Court will have
effect to strengthen efforts In their behalf There is
q better and more hopeful feeling among republicans
here. They are beginning to believe that Nichols
and tho Supreme Court intend to see justice done
them oil matters, and they begin to express moro
interest In the future Of tho State.