The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-07-10

Tuft. Lyons Marshall Meftz. Mpra1and,
nanday, Megannsll, MagIolp. Nut, Ogden s
Olivier OFT Parlange Poehe1 i, ln at'i,
kius Webb, Wells. White-55.
Absent4Messts. Bell. Benhsaln. B ts,,1fra
Breen Bfian. burton, Caffrsy, Carey nna.ias
Cfaiborne, Denis, Blanu, Estoplial. George,
ella, Henry al Natehitoeties, Jastrernskl,
Kelly, Kennedy, King, Kirk1natl, kn =. l.H
hanax Landry Lona4g Mat taE vs. t steas
stlle Todd. Warmoth, Willams q Gra..,
Williams OF Terretbnne, Young @ Cpneordla,
Young Of East Baton Nuuge-4f
The motion to POSTPONE was lost.
| Mr.. Blanchard moved the previous dues-
ttpn On his motion to postpone indefinitely,
which was seconded by tho Convention.
The motion to postpone indefinitely was
carried.
| Mr.. blanchard moved toreconsider tho vote
! lust faken. and On js own motion tho motion
| to reconsider was laid upon the table.
/ UNFtafsHBD BUSINESS.
| The unfinished business ON which the Con-
| yentiotl was engaged at the time Of It's last
adjournment was resumed, being the con-
| sheraton Of
/ Ordinance No. d23,
/ Bill or RIGHTS,
Pending the consideration Of article Z, and
the amendment thereto offered BY Mr..
blanchard, July s, as follows:
Add at the end Of the article the words
/ .tthe majority Of a grand jury shall, II ell
cases, be sufficient to return n true BILL
On tile motion Of Mr.. Mcdonnell. the
amendment offered by Mr.. blanchard was
laid upon the table.
Mr.. Mcdonnell moved to reconsider the
vote hy which Mr.. Herron's amendment was
adopted on Saturday, sts follows
i Insert Id the beginning Of the article the
i words, aProsscutipns shall be- by Indictment
or informatiou; strike out all down TO word
4 Except In line 8, aud Ia lines and & strike
/ out the words lin cases not necessarily pun
I ishable by hnrd iabor OF In
/ The motion to reconsider, by rising vote
Of 81 yeas ID 81 nays, prevailed.
Mr.. Mcdonnell then offered the following as
Il substitute for the amendment OF Mr. Herr
/ ron:
/ Strike ont All X, tbs word in," III line 6,
and insert In lieu thereof ths following.
i Prosecutions shnl bs by indictment or IN
/ formation. pf0Uided, that no person shall ne
1 held to answer for u capital crime unless On
prespntment on Indictment by grand jury,
4 except.
4 The amendment WIS adopted.
Ing, at the end of line 10, the following words
cor o motion In arrest Of judgment Is BUS
tained.'
n The amendment was adopted.
j Artiels7 was adopted as amended.
4 Article 8 was raad.
Mr.. Land moved to amend the article by
adding at the end thereof the following:
In all criminal cases the accused shall be
permitted to testify IN bis own fayor whether
tried by ths jury, Or the court, subject to
] cross-examrntion by the States attorney,
and the jury, Or the court rs the case may
be, shall judge Of the credib1l1ty OF his testi-
mony, taken IN connection with the evidence
against him.
q Mr.. Lyons moved to amend the amend
raent OF Mr.. Lana by adding at the end the
words. "I5ut no fNilure to testify shall be con-
/ strued agninst ths accused III argument or In
, the chargs Of the court"
. The amendments Of Mr.. Lyons was accepted
i by Mr. Land.
. Mr.. Dennis moved the previous question,
i which was seconded by the Convention.
by q rising vote Of % yeas to 81 nays the
I amendment was lost
Mr.. Richardson offered the following
: amendment:
Insert In line 3, after the word "case,o the
words aor that may subject him 70 criminal
; prosecution
Bya rising vote Of u yeas to 80 nays The
amendment was lost.
: Article was adopted.
On the motion Of Mr.. Cunningham the vote
by which article was adopted was reconstd-
cred, md on hts further motion the vote by
which the amendment of Mr.. Richardson was
: lost was reconsidered.
Mr.. Todd offered the following amend
ment:
In line 8, after the word "prosecution.' in
], sert ths words, Except Where otherwise pro-
j. Yided In this constitution
The amendment of Mr. Richardson was
: adopted.
, The amendment of Mr.. Todd Was adopted
MIR. Pardee offered the following amend.
nent:
Strike out all after the word "law," In line
! 5 down to the end Of lines.
) The amendment was adopted.
Article was adopted as amended.
: Article was read.
Mr. Wells offered the following substitute
i. for artiele9:
q Tn all criminal prosecutions the accused
shall have the right TO q speedy public trial
in the parish where the offense was commit
, ted, unless the venue be changed; and when
: the offanse Is one that may be punished with
i death Or Imprisonment at hard labor, he shall
!, have the right TO be- tried by 81 jury; proaided,
g that the General Assembly shall have tht
!, right to extend the right Of trial by jury to
!, any or all other crimes.
Mr. Demas moved the previous question
! which was seconded by q rising vote Of 81
:, yeas to 20 nays
: The motion to adopt the substitute was
lost.
Mr.. Wells gave notice that he would al
!, some future time move to reconsider the vott
> by which his substitute was lost.
: Article was adopted.
Pending the consideration OF article 10, Mr.
> Blanchard, on behalf OF the Committee or
Finance, asked and obtained leave to make
: report.
!, On the motion Of Mr.. Cunningham, the fur.