Democratic Sentinel, Volume 2, Number 10, Rensselaer, Jasper County, 19 April 1878 — A Fresh Trial Demanded. [ARTICLE]

A Fresh Trial Demanded.

[New York Sun.] Some of our contemporaries seem to suppose that Anderson, of New Orleans, cannot be tried again for publishing as true and using in the official compilation and canvas* of the votes of Louisiana, the forged consolidated statement of the parish of Vernon. This is not so. On appeal to the superior court, his trial was held to be a nullity, because it was not charged in the indictment that the acts of Anderson were done in an official capacity. Now such a mistrial as this was held to be is, in the contemplation of the constitution, no trial. It is no bar to a fresh trial. The law on this subject is stated by two high authorities as follows: “If the indictment was eo far defective that no valid judgment could be rendered upon it ♦ * the accused may again be put upon trial upon the same facta before charged against him, and the proceedings had will constitute no protection.”— Coolby, kC constitutional limitations,” 887. “Where a judgment has been arrested or reversed for any defect in the indictment, a new one may be referred correcting the error, and the former cannot be pleaded in bar.”—“Whahton on criminal law." I. sec. 551. Anderson is liable also for a conspiracy to make a false count of the votes, which in itself is a criminal offense by the laws of Louisiana. By all means let Anderson be tried for one or both us these offenses. In the single matter of the Vernon parish forgery he is now liable to two indictment. The Indictments he would be liable to for other frauds in respect to the votes of other precincts and parishes are countless. Then there is J. Madison Wells, presidentof the returning board. Littlefield, the clerk who committed the Vernon forgery, swore before Mr. Morrison’s committee, and also before Mr. David Dudley Field’s committee, that he made the alteration by the express order of Wells. This testimony, corroborated by the admissions of Anderson and Wells before the same committee, and by many facts established by independent testimony, shows that Wells was the real forger. We may expect justice to be baffled for a while when the whole power and influence of the federal government are exercised for that object, but truth will at length prevail. Attorney General Ogden has shewn vigor and ability, and if h 3 persists in the same spirit he must at last completely succeed in vindicating the rights of the people of Louisiana. Two women, after attending ap 1 ayer meeting in Portland, Maine, a few nights ago, went to the home of one of them to talk over religious matters. The question of baptism came up during the conversation, and in the heat of discussion one of the Women hit the other in the head with a hatchet, crushing In the skull and cutting the forehead open. The meeting then adjourned. Two ladies were elected Supervisors at a recent election in Fulton county. The office of Justice of the Peace in Indianapolis is rated at from $2,500 to $4,500 per year. About the first of April, the editors of the Peru. Ind., papers received new potatoes, raised and presented to them by Daniel Hahn, of Miami county.

Froooediaau at CMMBfaa*MMM* Court. The Board convened ia spacial OMaiesoß theMh April, for the purpose of settling with Township Trustees, approving Assessors' boada, and to transact other he tin Me which Might prvporiy come before it. On petition of J. F. Irwin et al for a bridge over Carpenter Creek, Hon. W. B. Price was appointed agent of the Board to investigate the public Besessity thereof, asd report at next term. The following assessments on personal property for 1877 being found erroneous the taxes thereon were ordered released: Nelson Everson, ou a dog for 1877; Eb. W. Morris, on SSO for 1877; James N. Yeoman, on $l6B for 1877; Ralph Fendig. on s2ood for 1877. Parley Finney was allowed eight dollars monthly for the support of his invalid daughter Ella PFinney who has been adjudged insane. The Auditor was ordered to advertise in both the Rensselaer papers for bids for materials for and construction of a building on the county poor fanr t plans and specifications for which are on file in the Aaditvo's office— the bids to be opened on the sth day of June, 1878, and work to be completed by the 3d day of September, 1878. On the petition of Alfred Thompson et al for a bridge over the Pinkamink Creek, Addison Parkicon who was appointed agent of the Board to examine into,the necessity thereof, reports the co. - straction of the bridge a public necessity, and the Board find that a con tract should be entered into at once for its construction. Thereupon a contract was entered into with J. P. Dunlap to furnish the material, build the bridge and make the necessary grades on both sides of the bridge and complete the same by the 20th day of September, 1878, for the sum of $475 00, said bridge is to be constructed on the line between Barkley and Marion townships on the open line north and south of sec. 23, town 28, range 6, and in accordance with plan and specifications on file in Auditor's office. An agreement wm entered into between Peter Hordemen and the Board of Commissioners for keeping in repair the division fence on the line between his farm and the county poor farm, the county agreeing to attend to the north half and Mr. Hordeman to the south half of Mid fence. Wm. K. Parkison was appointed agent to super, intend the construction of the bridge and grade contracted for with J. P. Dunlap. A contract wm entered into with Oliver P. Robinson to furnish the msterisland build ssidewslk six feet wide in front of the Public Square for 88 cents a lineal foot, and a walk from the Court House to front fence eight feet wide, for 48 cents a lineal foot—said walks to be completed by the 10th day of May, 1878. Hon. Jno. Vant-Woud wm appointed agent to superintend the building of side walks and to have safe poets placed under the bridge at Rensselaer, and was authorized to enter into acontract with Thomas Antrim, M. D., of Keener township, for medical services be rendered and medicines to be furnished to the poor of Keener and Wheatfield townships for a sum not to exceed a limited am't per annum. Insurance was taken in the Home Insurance Co., of New York City, on the house and barn at poor for one year, with agent D. B. Miller—s3oo on house, at 8 per cent, and S3OO on barn at 1 per cent. The Board approved the bonds of all the Town" ship Assessors on the 12th, the day set for that purpose.' R. 8. Dwiggins, the county attorney, gave his written opinion that the Board had full authority to do any act at a special session regularly called that they might lawfully do at a regular session.— That they are authorized also to draw a warrant on the Treasurer of the County in favor of the Indianapolis, Delphi & Chicago Railroad Company in the sum of two thousand dollars upon the oral statement to them by the County Treasurer that he has collected that amount of the tax levied to aid in the construction of said Railroad. The Board thereupon ordered that a warrant be drawn on the County Treasurer by the Auditor in favorof said Railroad Company for the sum of S2OOO, and the Auditor authorized to deliver the order to R. 8. Dwiggins, the attorney for said road, upon his asceiptingfor it. On Saturday, April 13,1878, court adjourned until court in course unless sooner convened by the Auditor.