Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1878-03-20
Release Of Returning Beard Anderson.

new ORLEANS, March lS.-The
Supreme Court this morning was crowd
ed with members of the bar, politl'
clans and other persons anxious to hear
the decision in the case OF the State VS..
Thomas c. Anderson, convicted in the
Superior Criminal Court for publishing
as true forged and counterfeit election
returns from the parish Of Vernon
Chief Justice Manning read a very
lengthy opinion in the case. After re
viewing the charge, verdict and SEN
tence, the court took up two Of the eX-
ceptions as being the only ones neces-
sary TO consider in rendering judg-
ment. They were There had been
no preliminary examination" and that
lit is not practice to prosecute BY
information"
Both exceptions were dismissed, the
first upon the ground that a preliminary
exclamation is not essential, and second.
that prosecution by information has been
a common rule in criminal prosecutions
for many years. The exception to che
drs wing OF the jury was also dismissed
on the ground that a violation of the
spirit of the law is not pretended. Re-
lative to the ofi'ense itself, the court gave
an abstract Of the election law, detail
NO its requirements. The exact method
prescribed in law was fully described.
The record offered IN evide nee did no.
conform with that mentioned in the in
formation. The document offered was
q consolidated statement" certified BY
the register Of voters and not the origi-
nal returns" and the statute Of our
State does not attach much>value to this
consolidated statement. The original
returns" not being altered would not
change the result ofan election and in
terfere with the interest of the people,
The paper offered in evidence is not
the paper charged as being forged. In
order to be forgery an instrument which
it is alleged is false must, if true, be
legally capable Of committing a fraud.
Nowhere in law is Il consolidated re-
turn required as declaration OF the re-
suit, and its alteration or modification
can in no way affect the election.
feyery consolidated return were for
ged. and the returning board complied
with the law and made their statcmanls
from the commissioners returns, no in
Jury could result. 1t does not appear
that any paper has been forged that is
calculated with compliance with the
law to change the result. 1t is the es-
sence of this crime that it should be-
committed BY public officer aud on Il
document which would change the re-
suit of the election. Tnis 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 it should be
treated by the public In like manner as
that of member Of the House Of Com
mons who attempted to influence the
decision of the court in the Tichborne
case. 1t was ordered that the verdict OF
the iury be set aside and reversed and
the prisoner discharged from custody.
QUALIFICATION OF THE PRESIDENT.
WASHINGTON, March l8-GovernoI
Packard. Postmaster General Key, al &
several other gentlemen called on the
President after the decision OF the Lou
isians Supreme Court in regard to the
case of Gen. Anderson and others.
members of the returning board, was
announced, The President expressed
his qualification at the decision, and SAID
that the entire Union would applaud
tho action Of the Supreme Court as
patriotic and in the interest Of concilia'
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