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FIFTH LEGISLATURE. SECOND SEI.ION -- THIRTY-FOURTH DAY'S PROCEEDINGS. The senate. The Senate met at 12 m.. and was palled to ordler by Lieut. Gov. Wiltz, thirty Senators pr.tent and IL qtorull. I'ErTITIONS, MEMOIIAI.H. ETtI. ]By Mr. Lalldry: From the veterans of sev rel V.arishes( who have boon r'eij'oted iasI en sloners, land who are recognized as sueh by the Unitld States, and asking to be recognized as such. Iofoerred. By Mr. button: From citizons of the par ihi of SLt. Mrtln. roldling on Bell river. asking lihat that portion of tth pVaritsh be annexodto the parish of St. Mary. Ito.orred. lu.lCl'ol' OF 01e MMI'rTIPCE. Clalms-lFavorably by majority on House bill No. t:3, for the relief of Norbert Louque. Rle ial void. Corporatlonu-Favorably upon Senate bill No. 9, incorporating Napoleonavllo Fire Company No. l. toeelve(t. Also, favorably npon the resolution instruct ing the Louisiana representatives In Congress to oppose the palsage or alUV measure looking to the closing of lityou Lafourche. Mr. Denies askedI that the report of the com mittee to inve} tigato the State Treasurer's offloe be taken up. Oblocted to. AUTION ON OOMMITTIfR l.EPOIITS, On Senate bill No. 1o7, to amend section 14 of an act approved February 24, 1871. relative to the Stale Board of Engineners,.atitorltiing the Governor to contract for the repairs of levees, Aetc. was taken up under the favorable report of the comnmittee. and, after an amendment by Mr. White the till was finally passed. Mr. bltch introduced an act to ratify and con firm the contract between the parlsh of East Baton Itouge and Livingston with i. L. Prieur ill and for the o construction of a bridge over the Amlite river. eeforted. iHouse bill No. So, to incorporate the Attaka pas College, with a favorable report, was taken up and the bill ineily passed. Senate bill No, 7.9, Incoroorating the town of 'Plauomelne, with a favorable report, was taken up and wentover. I't'o report of the treasury investigating eomtnittet was taken up and made thespecial order for Monday at 2:30 p, m. Mr. Breaux emiled for executive session. The doors were opened again in less than half an hour. Mr. Garland, from the Committee.on Claimas made a report, submitting a bill as a substitute for tenate bill No. 1o, for the relief of M. 0. Cole, late assistant secretary of I'ublio .dueation. Received. Hloutse bill No. 137. Instructing the Louisiana tttlresentatlivs in Congress to oppose any meia'uro for the closing of Bayou Lafourohe, was taken up and nluidly passed. sBNATIE DILLS--sBOOND nlADING. Senate bill No. 51 wastaken up section by seoo ti .n, and pending discussion of the stecond sor tion, the hour for the special order (ienato bill No. 110) arrived and the bill, which provides for the removal of the epital to Baton RUuge. was taken up, with the report of the State Engineer, which states that to repair the Capitol at 8#Lato loange t would cost $17f,000. The bill was taken up seotion by section, and the first section, providing for the removal of the caultal to Baton Houge, was read. Mr. asch arlo offered an amendment to insert Jackson, La,, in ll,,,u of Baton Rouge. Mr. Breaux urged Jackson as the future loca tion of the capital., statlig that the Senator from the Second District had introduced the amtendnmnt at his request. He eulogized Jack son as being a qubiet place, healthy, with all the attractions of scenery, no grog shops, etc. It was trhe best location for a capital. The college building, if purchased, would with few repairs mnake an elegant capitol, when, per ronaot, one of tie committeemen recently at Baton Rouge ran Ilis can' through one of the walls of the Ca it.,L Building there, they being soft. Mr. Perkins would vote against the amend mont, although he resided in the parish in which Jackson was situated. Ho thought that Baton Rouge was the place best calulateod to mret the wants of the capital. Mr. Breaux called for the yeas and nays on hisa amendmont. Yeas i9. nays 21, and the atnendlment was lost. Mr. Landty moved to strike out "Baton Roulgt" and insert "Donaldsonville," milking it s.ctah in favor of that city. Mr. Ogden thought that too near the city of New Orleans, and remarked that the best way would be to Net the capital far awty front the enlAcing charms of the city (?) [laugh ter.l ie o wouldi suggest Alexandria. Mr. Boatnor moved that all thell pending amiindments and substitutes be laid upon tlhe tatle. Carried. Mr. Stamps offer,.d an amendmont making It the Sixth District, partih of Orleans, in litu of Baton lRoge, and said the property holders of that dtlltrict would give three acres of land to the State. Mr Deomaes moved, as a substitute, to insert •St. Johnet the Baptist." He said the people of the parishi were preparod to do more than those of Donaldsonvlllo. [Laughter.l They would givo a sooction of land and lt0,o00 to help build ilrb Caitol building. Mr. Landry wanted to know if there were any other boarding-houses there except thie one which the Senator kept. Mr. Beothnr moved to table the amendment and substltute. Carried. Mr Htarper moved to strike out Baton Rouge I tinld lnsert Hhreveport. Ilatwghtor.1 Mr. Hoatnller mnoved to table the aunondinent. Mr. Harper called for the yeas and nays. 'rl4 21, nlays 10. Mr. Boatnor' moved to adjourn, but withdrew the nlotion. when the discussion of the bill was r res.I1 led. Mlr. Boatnor urged the removal to Baton r Buon,. Mlr. tamps opposedl the removal, and in his spwevch reflOeted somewhat upon his brother $,dnator, Mr. Burch, which the latter refuted in rather an abrupt manner. Mr. Goode urg,+d the passage of the bill, as signing various reasons, and including that of economy, and staling that with the to..)00 pro i.psod to be subscribed by the city of Baton Rouaf e t tw!.d cost but $40,000 or $50.000 to make tilhe clainge. Continu.g. Mr. Goode stated that the grounds ,rout the Uapitol building were resplendant with shrubbery and choice plants, some of which were very rrare; and ciaimed that the iron fence aboutt the grounds was put up at a aoWt t st0,0oo. and that it was in a perfect state of pitservalion. and in addition to that. noth Ing was gone from the buildine proper but the wood work asking if the building at Baton Rtouge could be compared to the old "rookery," the present Statoe-louse. It would cost, ho said, but $1r.ll00 to remove the capital and re poair the building, and a party was now ready to put it in shape for $101d00o. and of tlo:t amount the city of Baton Rlougo, as he learned, would subscribe $60o,00. Further than this, he would free himself by the removal of the capital from the wholesome influence of the press. He did not think that the General Assembly had been assisted much this year by the advice or counsel of the press. and he failed to notice that the press discussed the question under consideration by the House or Senate with the candor and charity that he would like to see. He had seen men denoe'nced by name, and the members of the General As sembly included, 'for no reason; and it was for that, more than anything olseo, that he favored the removal of the capital. Mr. Zacharie took a different view, and proved that with the State Engineer's estimate of Sl7. c0eo, merely to put the Baton nRuog building in shape, it, would cost even much more. He was willing, however, that the people should de cide it. by constitutional amendment, and quoted from the IDEMO'RAT'S editorial of yester day the reasons why it should remain in the great commercial centre of the St te. Mr. Zachario continued by saying that mo amount of newspaper censure would swerve him from what he thought to be right He dit not think that any reason why the capital should be changed. To change it would be toaggra vate and magnify the newspaper criticisms, as the poople would not be able then to see full re ports of the daily proceedings, and lm such a case would only misconstrue the action of the General Assembly. Mr. White fellowed in opposilton to the measure, showing that to remove the capital would increase taxation to the amount of 52.00,000 at least. Mr. White urged further that the State was badly enough in debt now, andto move the cap ital would be a mistake. as it would only in crease the debt. The gentleman from Terre bonne (Mr. Goode) had. he said, referred to ad verse criticisms in the papers. He would ad mit all of that, but are we to makelthatless so by removing the capital to a more remote point, and would he remove the capital or the news papers. As lr. White concluded his remarks a mes sage from the House announced the passage of House bd:, No. 3st. a new bill fixing the mileage and per diem of the members, salaries of em pliovs etc. Mr. Burch moved the postponement of the pending question in order that the House bill just brouuht in might beh taken up. Carried. The mileage and per diem nill was then taken up and without amendment wis finally passed. The bill appropriates $50.o00 for the Senate, Siesoo for the House, and $7.o000 for other ex penses. S- nate bill No. 116. removing the seat of gov ernment to Baton Rouge, was again taken up. but went oveain order that 4 concurrent reso lution from the House mieht'be considered. The resolution authorizes and instructs the Clerk of the House to withhold from the Gov rnor House bill No. 2s5 (the former milsa.e id per diem bill), owing to constitutional ob jeotions. and it was ooncurred in by a unani mons vote. On motion Mr. Cage was granted leave of £h. Sseonce for three days, when the Senate ad journed until to-day at 12 m. The Rouse. The House met at noon. Speaker Bush in the chair: lo1 members present and a quorum. o Prayer. Thne Speaker said that he desired to Inform me mbrs of the House. in the event3r any ,4e lay oin the part of the Fiscal A gent, that it would be attributable to the fact that the Fiscal Agent v. desired to bo protected by law In all his acts. So 1- soon as the proper lJgislatlin was had lie to would pay in cash all warrants of members Is without discount. PVlTITIONH, MItMOItIALS AND ERSOLUTIONS. K By Mr. Young, of Clalborne: R,'solutlon in strulcting the Chief Clerk to withhold House o ll No. 258, authorizing to borrow money to pay thll first qanrter's salary of all cunstitutional offioors, from the (Iovornor. Mr. Young oxplained that there hadluoen cur-. tale questions raised as to the constitutionality of the act, and It was desdred to inquire about the objections raised, and, In ease they were good, to present a now bill. The resolution passed. Mr. Young also offered a resolution requiring clierks of committeoe to submit certifle toe of the date of employment and number of days of service. Lies over. ity Mr. Delavignte: Joint resolution pro vlding for a hydrographie sureyu of Bayou Carlin. ApproPriation. survey of COMMITTE sIERVICE. Judilcary-Unfavorably on Houso bill No. 144, to ilteorporate the Underwriters' Association: 3 on House bill No. a61 to protect senders of val uable packages;: ion House bill No. a70. author f ing the administrator ot L. iurget to sue the State; on House bill No. sius, to procure 16a' coules o the Revised Statutes: on the petitions of merchants, otc., to make All iaints' Day a legal holiday. r Favorably on the act providing for n session of the Supreme Court at Shreveport. Also. on the act authorizing the oity of bhreveport to collect a portion of the municipal tax in PoriD. The bills for the relief of C. C. Hartwell. Mr. Armbruster and W. H. Reagan .were reported back iand referred to the Committee on Claims. Unfavorably on house bill No. 107, to prohibit the salo of liquors on Sunday; also on the pe titions from Iberia and Orleans for a Sunday luaw on House bill No. 212, another Suntday law and the petition of the citizons of Bossier; anti on the petition of taxpayers of New Orleans relntive to seizures for rent. Claims--Unfavorably on the claims of Frank Dugan, E. W W.illis, L. D)olhonde, L. Leveque, J.I. Wallace. -- Vasquez and iWe taxpayers or New Orleans. The claim of George D. HItte was returned and referred to the Judiciary Com mittee. Favorably on the claim of Julian H. L vy. nternal Inmprovements-Unfavorably on the bill asking an appropriation for the improve ment of Bayou Lafourelhe. Parochial Affairs-Unfavorably on the memo rial of the policojury of Tanlipahoa. Favor. ably on the bill amending the act providing for auditing the outstanding debt of Caddo. The committee returned House bill No. 841, author. izing police juries to pass Bundab laws. Judi clary. Contingiunt Expenses-Favorably, by substl tute, on the resolution relative to thecomponsa tion of porters. A minority report was also made. Pensions-Petltion of A. B. Button, of Tangl pahoa; returned without action. The commit tee also made a report recommending a cortals provision for veterans 1812 and 1814. Canals and Drainage-Unfavorably on House bill No. a42, to improve College Point;Bayou. City Affalrs-Unfavorably on the bill to pro vide for the preservation of notarial records in Now Orleans. Mr. Tolor, as chairmtn of the Committee on Approorations, roeported a resolution calling for an estimate of the cost of repairing the State House, etc. INTRIODUCTION OF BILlSR. By Mr. Leonard: An act to license gambling houses. J udtiiary. Also, an act relative to bribery and to punish the samle. A motion to refer to a comml mttee of the whole was lost, and the acnot referred to the Judiciary Committee. By Mr. Breard: An act to provide for the fur ther liquidation of the Consolidated Planters' Association. Banks and Banking. By Mr. BUllieu: To amend article 3252 of the Civil Code. THE CONSTITUTIONAL AMENDMENTS. Mr. Leonard called up his amendment nbol islting the lottery company, and moved its adoptlolu. Lost. Mr. Lyons moved the adoltion of a.oend mont 4. Mr. lellers moved to make the Governor's salary 5$8)O0; Mr. Brldgor $t000. Mr. Warnmoth moved to lay the whole subject matter on the tale. Lost. Mr. Carlows moved to amend by making the Governor's sahry 81o000, to take effect in 1880. Laid on tIe table. The amendment was adopted-yeas 82. nays iMr,. Lyons moved the adoption of amendment five. Mr. Leonard moved to amend by making the Lieutenant Governor's salary $250 per annum. Mr. Carloss moved to amend by making it $20o00. Lost. The amondment was adopted-yeas Rs, nays 16. At this point the rules were suspended to al low Gon. Young to introduce the amended ap prriation bill for the tpayment of the mileageo and per diem of members. It was finally adopted. Mr. Lyons called u p the sixth amendment and 1 moved thle previous luie'stion. It passed. Mr. Lyons called up the seventh amendment I and moved its passage. Lost. Mr. Hahn gave notice that he would move a reconsideration. Mr. Singleton offered the following as amond ment 9: "Te Generoral Assembly shall establish a least two free pnublic schools in each parish, to be provided for by taxation: all children bo tween the a~es of six and twenty-one years to be admitted. ' Strike outarticle 13t. Lost. Judge Lyons called up amendment 8, to stand as amendment 9, and moved its passage. It was aTdopted. 'riit*-IgUso adjourned. THE BELLOCq-NOBL]OM CASE. Twelfth IDay's Proceedingas-Closing Argu. enent for the Defense by * W. H, Hunt. * In the Unlt,~td R'ltes (1ottt ryeTtrlda°y, the day was given to i111 heatrin of the final argument for the defense. In the edlebrated cotton con spiracy case, by Mr. W. H. Hunt, counsel for Henry Peychaud, Esq. MR. HUNT opotned his remarks with congratulations to the jury ubpon the near approach of the end of their labo ,i dnd sad, while it is always grate ful to one to'feel that, the faithful discharge of a given :duty is'th acocomplished fact, when we know that. in . tdh discharge, we have. but ren dered simple ustice to an honest man, long uniustly aee.t~ed of a crime, the end of our labors is dotlSly sweet? Mr. Hunt then proceeded to lay blfore the jury the mnature of the charge set forth in the indictment, and the alleged sconnection of the def(edants therewith. He next entered noon his argument'propor. by iaylng down the proposniion that the acts allged to have been committed in furtherance of the conspirtacy ththrged, when taken sepa rate'y, did not, of themselves constitute proof of the guilt of the accused, but muant-if conson ant witn any theory of the innocence of the de fendants-be construed in accordance with that theory, and the defendants in the absence of other testimony be adjudged innocent. He read from Roscoe on Criminal Evidence. page 411, in support of this proposition, and said. if Mr. Peychaud was here alone to answer a charge of attemut to defraud the government, I could put Mr. Taylor and Mr. Lovell on the stand, and with their testimony quickly estab lish his entire innocence. But, to prevent this being done, the indictment was framed for con spiracy and Taylor, Lovell and Vallade all brought under this cast-net, the evidence of an alleged conspirator not being admissible in favor ot a c -defendant, while each is bound ty the ,ct of each and all the others in so far as he is affected thereby. This law-the law of conspiracy-is unjust, In that while suffering by the acts, one mar not benefit by the testimony of the other, and that is a point which youl must consider in resolving upon your verdict. On the other hand, if no conspiracy be estab lished, the acts specified must be regarded as separate acts, considered by and of themselves, and if consistent with the innocence of the de fendants, the verdict must follow the presump tion of innocence. The first inquiry is. "Was there a conspiracy?" and under that inquiry ari'es the question. "What is a conspiracy '?" If there be no agree ment together, no combination to accomplish the unlawful thing, no concert of action to that end, the charge of convpiracy falls, and the things done by the several parties must be re garded as separate acts: and to establish the fact that they were separa'e acts, we have the evidence of those whose testimony it was in tended to have excluded, viz: the depositions of Taylor, of Lovell, and of Vallade. Mr. Hunt here read the depDsition of Bou chard, filed in theoecond Distri t Court, in his suit against the " state of F. E. Bernard for 30ooo0. being one-half of the am,,unt agreed to be paid to Mrs. Dent and to Judge Emerson for services rendered, to show that, at a time when there was no prosecution of the claim against the United States, Bouchard himself testified that, he was the sole manager of the prosecution of I- that claim, and as such authorized to emploi counsel wrk. p teitmony, etc. Also from thb h- debasition of o. Taylor, taken in the samn d- sult, showlng that he lTaylor) had never hba any communl ition at all with Poyebhud, Bou chard having the sole management of the case This, he urged was the testimony of the en e gineer who had deluaned the whole machinery put it in motion and overlooked its workings who had planned the prosecut.lon of the fraud m Ilent claim-if fraudulent it wase--and proesme t it to a succ,~'sful conclusion. And hc says thaI Id he could not even hiinr from Peychaud In con at nection with thle 'ase. hut haid conducted ii to throughout without communlicatilon with him " This, gentlemen, is the kind of conspiracythert S wais btetween ii hse two men. Hle also road from the testimony of J. H. Blotu chard, who said: "The whole dutyi of proseeut n. ingthe claim rested upon my father: Bernart 3, throw the whole conduct of the case upon Jtlim and he alone had the managemtent ot it. Iam i ploylng couneol, working up te.imrnony, ole." Hlow, in the face of such evidence, sworn to r- by the prime movers li the matter, can Poy Scllaud be brought in as a confederate? He also referred to the testimony of ,Ju ig e Emerson, statling that he had noevr consulted with Perebhaud, because Bouhard had told him that lie ( Bouhard ) was sole manager of the ease, and said, if ever It were possible for truth to emanate from his (Bouchnrd's) mouth, so given if to untruthfulness. it then leaked out. But suppose there is evidence to show that Peychaud was--ligaliye peaking-a consp rat or. u The Assistant Attorney General, who opened the case yesterday, told you that a conspiracy was generally htched in a corner; that It was a secret crime, ahd arguqd that there could be I. no direct ovidenco wllth would satlsfactorily establish its existence, but that circumstantial evidence must be rolled upon, and was far more satisfactory. Let nts lookat'this. If the circumstances rolled t upon to etstabllsh the guilt of the accused be cir s euntstances which are consistent with his entire a Innoconce, such as would not convitce you, be yond a rrasonab:o doubt, of his guilt. the pre ni umption of innocence must stand. Ci Grreen t leaf. seetion 219.) ies the evidencoeof this nature. adduced in this trial, convinced you beyond a reasonable doubt of the defendant's guilt? Then I bring you direct and positive evidence Sto overthrow It. The charge Jn the Indictment is that the de fendants conshined to prosecute a fraudulent claim against the United MStates, bacled upon false declarations and suptiorted by false testi mony. The first pointhavhig been. "Was there a consptracy ?" tile second is the overt acts por foredor in furtheraone of thateonsplracy. These consist. as charged, in the filing of petitions iq the Court of Claims, suborning of witnesses, etc. Here Mr. IHunt reviewed the case from the boginning, starting with the original petition filed, when the doors of the court were about to be closed against such elaims by one McGuire, before the ailulro of Belloeq, Noblom & Co., and in their behalf: the supplemental polition, sworn to by Pierre Roy and iledi suhsequent to the failure. and calld attention to the harmony of the allegations of the two. LTater on. Taylor, finding that Bellortq, Nollom &. Co. declined to take any further part in the pressing of the claim, because the proceeds would go entirely to their creditors, and would, therefore, not' benefit them, wrote to Mr. Conway,'andt Mr. Conway visited both Frerot and Ieychaud, and learned that there was no money of the estate in their hands to defray the expenses of the prosecution, and that they e9uld not advance any fonds thnemaselves therefor. Then the circumstance arose which made the seeming eonneltion of I he defendant with this alleged conspiracy. MGuire totld Bouchard of the existoence of the claim. Bouchard saW Tay lor, and was lnformed by him that if he had anything more to do with it, the contract made with Bellort. Noblom & Co. should be ratified by the syndien. Bouchard then finds that llBr nard was in Washington, and knowing that tie was a friend of Peychaud's-as every worthy man always was. Is now, and will ever be, when you gent omen shall have done him justice and set him free-approached himl (lrnard) in referonon to the matter, representing that as Bernard had means, and he (Bouchard) had ex porience in such castes, if Bernard would sup ply the means for the necessary prelmllinary exp.tnses, he (Bouchard) would devote his time and attention to the management of the case. Bernard assented and procured the contract from Ptyclanud, who thereaft-rr trusted in and was imiposeld Iupton by Jouehlard : the renson of Peyihaud's trust boing Bouchard's association with Bernard. This contract does not bear the ear-marks of a constpiracy; It is t)lt In writing: a copy of it was filetd in the Fourth District Court In tihe ease of Bellocq, Noblom & Co. vs. their credl itors : the written approval of the creditors of the estate was procured thereto. Are these the acts of a conspirator? No: they are the acts of a careful, hontest man, guiltless of any intent to lqonmit a crime. The erasureo of Froret's sig nature to the copty of the cont neact produced by Bouehard was done with the idea of saddling tlponl I'Pyciaud tho whole blllme, anti wIns doone after Frret's ideath. But Bouchardt maittt a mis take; he forgot the existence of the copy fllied in the Fourth District Court, which still con ttins Freret's signature. The comtpensation named in the contract has been urged a n evidunco of the fraudulent nature of the claim: but government claims are always dliflcult and totdious of prosecution. Charles Dickens has nmade the world familiar with the "Circumlocution (ffimo" of Great Britain. and the " red talpe" of our own treas ury building would not shame the original: and the records of this case show how, even after judgmsnt, the paplers lhad to pass through elght. or ton iiiltTrenft ofllotcs in the treasuLry tlildtlng tefore i settlem lit wais IlnulTly roeaclth,d. iBut, whethetir rllnsonltt le or not, was it the not of a conspirator? Theo money was not Peyehaynd's; it only came into his hunds as synidi' for distribution. That Boucthiard com nmitted fraud p.rjury. bribery and subornation of porjurvy. do not doulbt); out is it for that vile citilff, self-convlcted ias lie is, to fasten upon snch a man as Henry Pmt'vehacld the chargo rf fraudl? Does such evidence as that show Peychaund's connect ion with a consoiracy ? Mr. Hunt read fron the amedoed petition filed b1niMr. Peychaud to show the consonance nection with this reading, hetouched tipon the different kinds of possession known to the law anti showed how under the Batae law f3h&iocou stwsion of the caottion for antlthie Itrir clwiththwas made upon the failure to shtigy the adv hcoes thtreon. The amondeol th tition was drawn ip by Tay lor, sent to New Orleins for Peycataud's attoeta tloni, and he swore thereto as syndic; the attet ation of a syndle Is not of his own kno ledtgi, but to his best knowledge and belief, W hlch is necoessarily gained princlialy' from others. 'L would be a mooCAty 'bof justice, a mocker ibf right, a mockery of truth, to hold that he was bound to knoot o his own knowledg all those things, 0 Is it r&~Wstablo to bolieve that.m'ran like Henry sychatlud, with no interest fhi lls claim, would rutin his own charac'r, sulfly his hlthbrto stainlce.s name. disgrace his posterlty and Dlunge ltm'elf headtllong Into an abyss of Ihfamy and disgrace under olrcumstances like theiR_ th ee. With the amonded eltitlon is filed not a now tabular statement, not even a copy of the origi nal. but the originatstatement itself. There is no suppression of facts, no change in the alle gations. no trace of falsehood. and Peychaud's attestation is simply that he believes the state minut to be true. and issigned by him as syndle. The confldenoe shown by Eeychaud in Taylor, as shown in the signing of'the amended ppti tion, is only that which is necessary to the very existence of society; and the action taken by him in this action was only that which it was his duty to perform. Mr. Hunt cited as to the dutks of syndics. (Mayer vs. his creditors, 3 La.,.iul.) The statement upon which the pe tition wais btse(d was certified to by Jules No blom and Mr. Bablit, bookkeepers, as correct. As to Vallade's testimony, we are told that he swore to one thing in June, and after his con tnact with Blouchard, in September. he swore to another. Peychaud was not connected with this testimony; did not know of his testimony entil after it was taken. If there was false swearing, altera'ion of testimony and suborna tion of operjury. Bouchard. and Bouchard alone, was guilty. Peychaud did not know of Vallade's interest until after his testimony had been taken; he learned it through a letter from Vallade. and even then did not know the re quirements of the law. which was utterly differ ent in this Court of Claims than in any other court. and did not know that he (Vallade) was aa incompetent witness, and hence cannot be found guilty of fraud as regards the Vallade testimony. Carr on the Law of Frauds and Mistakes; 4 Blackst ne 27:; 3 McLain 574; 2 Mc Lain 1s. and 2 East. 104. Even if the averments were false, the defendant could not be found guilty, if he had had reasonable cause to be lieve them true when he swore to them. Mr. Hunt then reverted to Bouchard and his connection with the case, reviewing his career from the beginning and sifting his testimony: summing up the testimony of those who had tesifled to his bad charaet-r and unworthiness of belief, and insi-ting that nothing which he had said should weigh against the defendant. He then went over Peychaud's course, show Ing every act, clearly and fully, to be pure, hon est and straightforward, and reviewing the splendid testimony as to his spotless character. and after referring to Mr. Shannon's connection as co-defendant and the utter lack of proof of any wrongful act on his part, closed with a flue appeal to the jury on bhhalf of the man, the record of whose whole life, here in New Or leans, replete with all good actions, called trumpet-tongued for justice, and whose right it was to claim from them a verdict of acquittal. Faience pate dure and royal Wooster china. decorated and plain, at E. Offaer & Co.'s, oppo site the Varieties Theatre. o A' CAR1). CITY CONSOLIDATED BOND MATTER Abstract from the decision rendered by Judge Wodxls, in the cause of Rosalo Maenhaul and others vs. the city of New Orleans and others : "I am of opinion that the aet of 1852, above mentionxl, contains at contract rvatd andl binding on the city, and that the bondlholderl are eltil"ed iA) exact the sulbstantial perform aue.o of the contralt, I have so hehl upon the former hearing of the case, Maenhaut et al vs. the city of New Orleans, 2 Woods 108 The thirty-seventh section of the act of 1852, constitllting, as it(loIo, ac, (ontract betwe(''n till city and the Ibondhold Irs, Itantd una fe(cte' by any subMeq'efnt lgi lation that dhkeks to inrpair or replal its provisioni. .llt tilhe r'(n edy (of the eomnplalinants to elfolrcee their con tract is clearly not in equity, but at law, by thei recove'ry of a judgenlt onl their couponsL and bonds, anll by the writ of mandranull (molutandingl the levy and c.)llction Of the lax required by law. The relief at law is plain, adequate atnd complete, and equity cani not be resorted to." ABISTRAfT from the dlocision rendlered b)y .1Judge Billings in theo (car of Morris Raniger vs. the MaIyor and Conunnon Council of Now Orleans, dated " But among the statutes of tile State with referonce to the .city of New Orlrans, and among the general statutes of the State, are found acts that give the absence of any par ticular means of payment in a city ordi nane creating a debt, a special signlllance " The art o/ 1852, No. 51, entitled 'An act to conrolidate the city of New Orleans, and pro ,vidlc for the. gloernrlpent,' etc., seclion 87, page 54, colntauil the fOltttirilg prol.ision: "'And no ordlnanci (of the clty of Now Or loans) creating a 1debt or loan shall he valid unless for sonme single objelt or work dlis tinctly specillfid thelrein, and unll1 r5h1 t o'r dinlanc sll hall prvide ways and( means for ther punctual payrmout of runling interest (Inllg tile whole time for whlich said debt or loan s5hli be eolitractI(l, andIl for tilhe full and punctual dlish(arll' at mnatrillty of the capital orrow.ed or the d(ebt incurrled. from the report of Judge T. Wharton CIollans, "special master in chancery," approved by Judigo Woods. "XI. On all points of inquiry generally, I report: "1. That the act of 1852 was assigned as an Irrevocable check and safegunardl for the bone fit and advantage of the holders of the cn(n solidatbl tblnds. No debt could 1be contrasctd exc'pt accordlng to its provisions. The hold ers of the bonds are entitled to precedoenc in the collection of taxes on lands and slaves, rnud to the suppresslon of any demanl for payment of any subsequent debots that would Interfero with or prevent the payment of the 0onsollidated debt, unless such subsequent dle.t was contracted upon compilanice with the terms and conditions of thle act of'1855." [N THE CASE O(F MAENIIAUT VS. NEW ORLEANS, jbforo tle United States Circuit Court for Louisiana, Judlge Woods, In the written rma 4ons assigned by lu11 for judgment, uses the Pollowing languago: "In the argumenut npon the motion for in unltion it was cltdmneld Iy counase for the city lhat tile act of 1852 was in violation of the o)ntltution of 1845, which was in force when nhat act was assred, and which declared (arti ie 127) 'that taxation shall be equald and uli orrm throughout the State.' The provision of ;his act of 1852, which is deemed to contra r(no this constituttutional rquirement is this: The rate per cent of Said tax in each lmunlcl sality shall be in plroportiono o the indIbtled W (,I. f ea'ch.' I crannot re any cnmflict be WrIen the law and the constitution. As at pros lt ad(vlsI(l, I do not think the objection to ,he law well founded." If you wmnt any and all kinds of decorated French china, go to H. Ofiner & Co.'s. 174 Canal street. RAILROAD PERSONALS. Among the departures by the Mobile fast line last evlning we notlotho following: E. A. Adanis. New York: M. (olldstein and wift,, F.l rope, via New Y rk; John Ryanln .lacksonvlln.; Jacoll Putnam. Rome. Ga.: Hir Peter Ct Atls, . Hi iggins. HavIanLah; 1t. Rood. Now York; W Lit imuer, ,John Latimor. Columbus: J. II. Wood ward. Blrmnlrhgham; .. lt. Rion. Now York; L. Mi. Hornthan. Boston; W. C. Harroll. Columbus; J. Miller, Now York. --- --- --o .-- HOTEL ARRIVALS. 0 ST: CHARLES HOTEL-Goo W Jones, La; John W Harrow, Miss; I) F oyd, Baton Rouge; Henry Maudshy, London. Eng: H Dumonlin. Ltvornool; P' Clapb and wife, LP Itarold. I'itts field, liss; ( G lBarnwell, Cam bell Stewa t, Now York; F )D Johnson, Va; L bStern, Now York; Mr Beechorandl family, London. Canada; B Gratz,. Jr, St, Louis; II toerres, New York: John Moore. SHlmr.. Ala; A Lowenthal, Jr Evansville. W D Cochran. Selma. Ala;: 1 Losher, Chicaor; M L lludgins, Rclthmond, Vat John Elliotrt Wnm Tracy, A G Dulman, Wm 4I Gobhard. New York: D B (rilrdyne, E igland; A B. Van Nest, F flurges. Wm H O-borne, Now York; A J Smith, ClOevland; W Arny, New York; John & Jefferson, Louisvilli, L IJrQflld. Chicago: .John Hammond. Miss 9 Hammond, C 8 Everett, New York; A J Ross, i.eamor Sam Rolbrts, CITY HOTEL-lno t Jefferson, Louisville: J C Small. KIntucky j Wim Oliver, E F Griffin, Mississippl T'hos i. Price. Mobile; J Berry. Jr. Massa:h.u.estth t ATureaudl, Louisiana; Geo .etcher. Washi.gt~on; Mrs Wm Polk. Loulsi ana; Tol. L Mellen, Natchez: A K McNair. Fayette: iK Kuca. St Louis; C W Holbrook, mih6 uhi It McCormack, Danville; Mrs Parco feldMPr 4Pareefleld. A Ilerwig Natchez: James C IWbaw Savannah ; E D Cobb. W S Bell, city; H. l ickinson, Albany; A R Grove Cornwald; A W Fitch. Mississippi; Wm H Pratt, Provl Adennoe Ham Smith. New York; L Mandolbaum, Texas; E H Sublett, St. Louis: Jno H Dearing. .Jas McCalley, Portland; W J Osborne. New York; J B Weaver. Memphis; E W . lvester St Landrv; Chas R Beaslee, Louisville' A IF Kimmersloy, Brooklyn; B H Carnal. Alexan dria; D B Seal and wife. E P Pollard. Bay St Louis: J M Kennedy, F F Montgomery, Lake Providence; Wienen., Jno Newman, D Pugh Louisiana; Thomas Carson. Pniladel hia: d Townse.n and wife, Wisconsin; Clem F Black man, Clalborne; A Crushanks, Grant pariah. French china decorated tea and dossert ser vices, of the latest styles, at E. Offner & Co.'s, 174 Canal street. ENGINEERS TAKE NOTICE. THE GREATEST DISCOVERY OF THE AGE. 0 - CASEY'S BNLT AID" OIL oCOMP UID TO PREVENT BELTS FROM SLIPPING. No Friction. No Tearin ., 25 Per Cent Gained in Power. 50 Per Cent Saved in Iar. No establishment where Beltina is used Can Afford to be Without It. IS NOW BEING USED BY : . J. GAY & CO., O. H. ALLEN, J FOERSTER, MARGARET'S Bakery J. J. WICKERLING, HENRY & DUNN, A. MARTIN, HENRY OTIS. P. J. FLANAGHAN L'HOTE & CO. LA. RICE MILLS, STAR GINNERY, A. A. MAGINNIS'S SONS. Liberal discount to the trade. For sale by I. L. LYONS, CORNER OF CAMP AND GRAVIER, Wholesale Druggist and Importer. ne18 17 BOVINE VACCINE VIRUS, Received daily by LL LYONS, Corner Camp and Gravier streets,. nos181 0 0 PROCLAMATION -DX Warwick, EARL MARSHAL OF THE EMPIRE. To all whom these presents shall come- Grooet ing: For the purpose of celebrating the approach ing Fete Day of His Blessed Majesty In a becom. Ing manner, the usual gala procession will be ordered n duotime. HIls Majesty, however, has Imposed and or dained certain conditions governing this Do partment, which conditions are hereby pro mulgated for the information of H11s Majesty's loyal subjects: I. No promiscuous mlltkers will hb allowed to join or partIlcpate in the Royal PagIont. II. Organized bodies of maskers will be glad ly received and assigned positions on applica tion to thI. drepartment, to he made on or be fore Thursday, February 28. Appllations to state whemther body is mounted or on foot. Ad. dress Drawer lot, l'ostofTle. III. No Advertising Vans, or any ldesgns of such acharacter, will be allowed In the pageant. God save the Kingl o WARWICK. ofal Earl Marshal of the lEmpire. ESPl'Y. Seventh Seoretary. Carnival Palace. New Orleans. February si. A. D.1878. and the 100ooth of H. M. reign. fo10 1w EVERYBODY DOES IT THE OLD MEN USE IT, THlE YOUNG MEN PERUSE IT, TIlE LADI)IES EXCUSE IT. SO)A IDS' 1 S 7 S City Dire'ctory, Acknowledged by the press and public to he the mostc relIable and best compiled Guide to New Orleans ever Issued. Don't doelay a single day, but buy a copy of the new 11rectory at once. Pr ee ...................................Only $5. for sale .y the publishers and principal sta tioners . L. BOARDS & CO. ja23 Im Publishers. 5 Commercial Placn. CANCELLATION OF BOND. TATIE Or LOUTBTANA, Executive Department. Whereas, OSCAR B. SARPY, of the parish of Plaquemines. has applied to me for the cancel lation of three bonds, furnished and subscribed by himhn as principal, for thesum of six thousand dollars each, one dated November 17. 1873, with Damns A. Thibaut and Henry Mahoney securl ties, each for the sum of three thousand dollars ; one dated December 7, 18 4, with the following securitiesd A. Milon for the sum of one thou sand dollars. Acema Dobard for the sum of thirty-five hundred dollars, and Sarah T. Stack house for the sum of flfteen hundred dollars; and one dated October 30no. 1873,. with T. W. Saw yer as security for the sum of forty-five hundred dollars, and Henry Mahoney for the sum of fifo teen hundred dollars, conditioned for the faith ful performanceo and execution of the duties of said Oscar B. Sarpy as sheriff of the parish of Plaquemlnes. O Now. therefore. I. FRANCIS T. NICHOLLB. Governor of the State of Louisiana, have thought proper to issue this my proclamation, calling upon all persons having interest herein to show cause, in writing, at the offieo of the Secretary of State, in the city of New Orleans. within ninety days from and after the last pub lication hereoof why said bonds should not be cancelled and anunlled, and the above named securitios discharged from any further liabili ties in the promises. * In testlmony whereof, I have signed those presents and caused the seal of the State to be hereunto aflixed, at the city of New Orleans. his twentcerfourth day of December, in the year )f our Lord one thousand eight hundred and teventy-seven, FRANCIS T. NICHOLLS. By the Governor: o WILL. A. STRONG. Secrotary of state. ja22 30t* NEW ORLEANS FLOURING MILLS, WEBSTER & DILLINGHAM, Ros. 82 and 84 Peters, and 22 and 24 Commerne street. Manfacturers of the HIGHEST GRADE )f FLOUR by the NEW PROCESS, specially danted for CITY TRADE AND EXPORT. G•RAHAM FLOUR constantly on hand. fresh iround daily. o Flour delivered to all parts of the city. FRESH GROUND BRAN, 8HORTS, SHIP 3TUFF and SCREENINGS constantly on hand ,t lowest market rates. Highest market price paid for Wheoat. deol am OFFICE ST. BERNARD COAL COMPANY. 29 Carondelet street, New Orleans. COAL AT WHOLESALE AND RETAIL. Steamships. Steamboats and Families Supplied. ja22 3m W. S. CAMPBELL, Agent. PARIS FASHIONS. Mie. JULIE LaB. FISHEB, ars,.mking end Foh Mlliner! Parlors at the Turner Mansion, 188..........CANAL STREET ...........188 Begs to inform her lady friends and the public generally that she has on hand one of the most beautiful and complete selections of Parisian styles and fashions in BONNETS, HATS, FEATHERS, FLOWERS, SHAWLS, Etc. In her DRESSMAKING DEPARTMENT she has employed the best Parisian Artiste, and she will be pleased if the ladies will call at her Parlors, 188 CANAL STREET. Mime. Julie LaB. Fisher. 0oc19 tf RBEEMBER, 192 CANAL STREET. THE EUROPEAN DENTISTS ARE THE only dentists in this city doing work on the Efuropean plan. They will come to your resi dence and fill your teeth painless Silver, only so cents per cavity; Gold.,only l; Cleafning and Polishing, so cents. AppointTent hours 7 to 8 a.m.,7to 8 p.m. Sed orders by mail. deSltf AMUSEMElNl . VARIETIES THEATR . The Eminont Tragedian. MR. LAWRENCE BARRETT, TUESDAY- Mr. BARRETT--THIE DUKE'S MOTTO WE "N g, iv Matin-e - Mr. A IRETT - WE NE1i)Ay Nlht - Mr BAILItETT - A OJOUNTFWEPIT PltlINNTMENTr. TilIUtt.i)AY--Mr. 1 ICI ;'I'i'r- IHSEpAIT.E FiRlfAY.--M.r. IBARR i'TT--F1 FiowelI benefit TIIE IJlON CIIEtES and T21HE INCON H'TA NT. SATURUlDAY Nucrn--BARItETT Matinee. SATURDAY Night - -Mr. IBAJItETT-8HY LOCK and DAVID (lArlltitK. Launday-MIRN FANNY DAVENI'ORT and the Fifth Avonue Theatre Company. fell ACOADEMY OF MUSIC. Engagement for eight nkghts only end Wodnos day and Hatlurday Matineno, Commenlcng undlay, February o1, 1aN7, ]I()UICIOAULT'S HIlAUCOIRAUN COMPANY. Each and ivery artist selecrd by Mr. Boucleault hiimself for the rodutilon of the entirely new iand original play. illustratlive of Irish Life and Character, entitled tile SHAUGHRAUN, Written by DION BOUCIC(AULT., Fs. Monday. Ferul, ry 1-t-MISS MARY AN IER SiN. folo tf A(CADEMY OF MUSIC. The Young American Trallgedienae, MIi MARY ANDEIRSON. upporteTfby ba owerfti ii comprany, utlnder the maeoagtOlnent or JOIN W. NORiTir)r. Monday. February Is, and Saturday Matineo, .Fehruary 2l. Evadne. ''uesday, Fob rutary 19, lrneo Ind .lJuliet. Wtedlnlslay Mati- = neo. February 20, Lady of Ly ins. o(idnesday evening, lhuanna. Thullrsidy. February 21 In gornar. Friday. Fruarlly 22, tine+llt of Mary Andeirson, Mut't), h. Haterday. February 2s: Ion. Stiidurty Fibmritry I, MIMMS)ENS, HLOCUAI A IWEA'INA MM MINSTRELS. ro14 )PERA HIOUSE ............OPERA HOUSE. AIM ECE' And the French Dramatic Company. Saturday noon, Combination Matlineo--IIBE, and Alimoo in LA MARJOLAINE. Satuirday vn j-g. farowell porformanoa-LES DOM INtOS il.qE8. nrli Amee in LES CENT VIEJI(IES. The opera commences at t prto ciseiv uRtn nay Even ng--LE BOSSU (Duke's Motth). BASE BALL. It. E. LEE VS. LONE STAlR. At OGDEN PARK, sunday, February 17, at 3 O'clock Sharp. fel62t Admissron 25 cents. 1VJENGER'8 GAIDEN, Noes. 11 and IS Bourbon street, H. WENGER, Proprietor, Has been newly frescoed, and is now the FIN EST HALL in the South. The artistic improve ment of the hall was opeooned to public inspeo. tion on Saturday, the 18th intt., at 7 o'olock D m. A large number of European and American papers alwars on file Three rooms for la des and families, with seV arate entrance. The iargest Orchestrion in the world plays from 11 o'clock a, m. to 12 m. Philip Bost's MILWAUKEE LAGER BEER at Five Cents a glass. 0C17 6m o BALLS, iIRST ;ANDI) FANCY DRESS, CALICO -AND - M An Q [TflE R ,AD1l) 1HALL, -TO BE GIVEN BY Tiit NICHOLL, IllPLES, (Formerly Co. "K," C. C. IR.) -O0N- MARDlI (Gltt NIGHT, March 5, 1878, o o AT GRUNEWALD HALL. For tho.benefit of their uniform fund. HONORARY MEMBERS. Gov. F. T. Nicholls, Lieut. Gov. L. A. Waltz, Gen. I. W. Patton. (Gen. W J. Boban, Col. E. Borland, Jr.. Col. John Glynn, Jr., Col. A Mever. Col. J. B. V n.t, Cot. W. E. I"goer. Col. W. T. Vaudry, Lieut. Col.C. E. Eonner, Col. Winm. M. '(won. Maj. Thos. McIntyre, Capt. G. A. Williams, Ladies' invitations can he had on npplication at Grunewald's Music Storn 1P. Woroin's. E. Lillenthal's Jewelry Store, EJyrich's Book Store. and at Hugo Redwitz', on Common street. SCHMEHL, The World's Champion Pedestrian, will have a track laid in th, Hall for exhibitions of pedUes trianismn on this occasion. Tickets ................. ..................$ .50 . fel4.odtd GRAND MILITARY. MASK, DRESS S-AND- F"ANC )Y D II.S BA LL, TO BE GIVEN BY Continental Guards, Company A, --ON Washington's Birthday, Feb. 22, 1878. -AT ST. PATRICK'S HALL, COMMITTEE OF ARRANGEMENTS. LIEUT. C. A. THIEL, Chairmin. Corporal W. H.Deeves. John B. Cooper. A. D. Finlay. 1B. H. Watkins. John T. Putr is. G. L. lail. David Hughes. W. H. Harvey. Mark Quaylo. RECEPTION COMMITTEE. LIUET. E. F. PERILLOUX, Chairman, Assisted by all honorary and active members of' the Company. TICKETS ............................. ........ with supper coupons attached for lady and es cort. Application for Ladies' Invitation to be left In the letter box at the Armory, St. Patrick's Hall. fe' td FIRST GRAND MILITARY acq ire ssi W qMenl Dill, -To be given by COMPANY F, FIRST REGIMENT L. N. 6., (Formerly Sec. F. Crescent City White League. -ON Friday, February 22, 1878, -AT GRUNEWALD HALL. Tickets...............................One Dollar HONORARY MANAGERS. Lieut. Gov, L. A. WILTZ. Gen. W. J. Behan. Gen, I. W. Patton Col. John Glynn, Jr., Col. E. Borland, Jr., Col. J. B. Vinet, Col. A. Meyer, Col. W. T. Vaudry, Col. W. E' Huger ol. Wm. M. Owen, Lieut. Col. C. E. Frenner, Major Thos. Mlcntyre. Capt. G. A. Williams. COMMITTEE OF ARRANGEMENTS. Capt. CHAS. G. OGDEN. Chairman, Lieut. Chas. A. Thomes, Bergt. Fred Rohders, Corp. Hy. M. Meaney, Corp. Chas. H. Asmus, Priv. Geo. D. Moore, Priv. John Williams. Applications for ladies' invitations and pro posals for the rent of the restaurant, bar and hat-rooms to be left with the armorer, at 87 Camp street, or addressed to Postoffiee box 1818 before February 19. jal3 td Chinese, Japanese and Turkish Goods. J. A. BROWN, From the Centennial, Philadelphia, and the Grand Union, Saratoga, N. Y. I have opened a store with a large variety of CHINES JAPANESE. TURKISH and JERU SALEM GOODS, and a rare collection of Carved and Ornamental Goods. Don't forget to give me a call. You will find the largest variety of these g' ods that ever were on exhibition in this city. Prices suitable for the times. Don't forget the number, ja27 im 180 Canal Street,