The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-03-22
NEW ORLEANS. S1st March. IS4S 4

GENTLEMEN In the official organ of your body, the Bu
etin of The 18th Of this month"; there appeared article
mpung to me dcreliction of duty while had the honor
to hold the office of Attorney of your Municipality regard
10 the appeal the Supreme Court of Louisiana in the
ter of Deabigarre Municipality Number Two. sense
of respect towards you leads me to tender the
vndicaon of my conduct in that matter from unmeted
reproach.
The referred to brought to quiet the title and
possession of two lots of ground forming portion of
the Batture in front OF the aubourg St Mary. Judgment
was rendered the sd February 1sl7 in favor OF plain
tiff, but decreeIng that plaintiff shall take possession
Of and improve said property without the of the
' said Municipality This Judgment communicated
by me TO the Council the day was rendered a,
will be seen by my letter file your archives On the
same day resolution passed the Council 1879 directing
the Attorney " 10 takG Gppeat" from the Judgment
The charge made against your official organ IS that
neglected 10 obey this order and did not take suspeasre
dpgcat
TO make good this charge ii ought to be shown not only
that directed to take sttsIenve appeal in SO many
words which was not, but that also furnished with
bond signed by the proper officer itha good and solvent
surety equal TO onehali than the amount of
judgment and costs by law required of suspen-
sFe appeals. No suppoes that my duty to fur
nsh such bond and surety and peends that such
a one was placed i'll my hands The charge therefore,
falls TO the ground, for not put in default 1t The
duty oil client who wishes his counsel 10 take suspenve
appeal in his cause, furnish that counsel with proper
bond, and il he do not do he must blame himself, when
the appeal is moi taken.
But my ingenious your official conceal
ing these truths goes say: On the 9th March, four
teen days afterwards the peri0d tar taking SMspens1e
GpeGt haraHg been dS0ned 10 cdpSe Mr.. Durdnt again
addressed the Council &c. &c., giving my letter, but
with fastied date, which informed the Council that
IN opinion the could not be bettcred Tor them
appeal tastied date, because my Ingenious
mikes the date OF my letter the 9th March, whereas was
really dated the l rs day of March, isi7 as the letter
itself III your archives will show. Now the I'D Of Fcb-
airy o4 the Judgment IN the DeIablgarre case as rendered.
that day Tuesday regular OF law, three
Judicial days from rendition must eiapSe before judgment
can be signed, which hee days Wednesday, Thursday
and Friday, and therefore the signature OF the Judge could
not have been and not affixed TO the Judgment until
Saturday the eth of February the day Sunday
Monday, the lst March, wloe my communication
the Council above referred advising against appeal and
it be read at the regular IN citing Of Tuesday
March I'd By the law oil Louisiana ten Judicial days
allowed for sHSpcHsire appeal counting from the day Oh
which Judgment signed inclusive This one could
not have been and not sighed until the 9Th February
the tenth and last Judicial day after which Thursday the
18th day OF March, ten whole days after my aforesaid
muncation Vel my Ingenious accuaer, making pio
igate attack truth, that had suffered lie permit
tor taing SaSpCaSisc 0pDeat to aDSc. Even his
taled date OF the 9Th which he has forged upon my
letter, correct, still my ingenious would be the
WONG ior alter the 9th two full days lett for
Spcnsiye appeal which could have been akcu had been
furnished wtha proper bond which all know
Setting all this aside must be quite evident to
over, that had ingenious your official
known the character OF The Judgment IN the case, he would
have been that SnSDensrc GpDcM con.
emplated by the Council Had they desired
appeal, they would have furnished with proper appeal
bond within days which they did The truth is, that
in this suspensiye appeal unnecessary and useless
The Judgment left the Municipality precisely where 1t was
before the institution oil the possession oil the
ery; execution coud issue the judgment 10 Dust the
Municipality The plaintiff applied Tor such execution TO
the Court and Vas reused-sce letter your archives OF
18th April 1871 What need then, Of suspensive appeal,
when there and could be order OF execution 10
pend The only appeal required by the wisdom of tie
Council and the OF the derotatt1e
which, Nv law, be taken within from the Tend
Ton OF the Judgment and which was taken the same day
furnished with bond.
My ingenious further attacks my judgment, be
declared that By appeal the decree oil the lower
Court might he made for the Municipality, but would
not in all probability, be made better My ior think
ing communicated at length 10 the Finance Com
mlttee private interview with them, called Tor by
letter OF the 10th March, 1917. Those reasons were not
deemed conclusive and the appeal determined
VIVA. been the result Before this appeal taken,
the belief general that the Battue in front of the Eau
bourg St Mary belonged 10 the Municipality. A gentleman
who, deeply than other man, had studied this sub
ject the close OF very learned and
thereon, Mad said, the 10Th March, 1876, WHILE
BELABIGhRRE SUIT WAS PENDING IN CoURT, that within
" fifty the anval formations in front of this part of
the (the Second Municipality which have been
" reclaimed ami susceptible IF prrate owRcrShp,
are worth s. 900 C00-whch has been equal 81 90 900
per annum during that period that the which have
produced these astonishing results active operation,
" and from unerng natural Indications viii continue TO act
" for centuries That the value Of the annual auyal depo.
sites, in front OF the Municipality not less than
5000 000and that with the exception Of the Batture be
tween the faubourg ST. Mary line and Lacourse street. NIL
-" bciongs 10 this .W~niciDaihu,
That such of wealth never possessed by
city before In truth may be said that herself
" leyyng by her mmutaie tribD;e
from the banks of rivers and from the SUBMITS of
tans thousands of miles distant to enrich improve and
1" adom our favored city. 1t would he mpous in to
attempt Illustrate impede these benevolent provisions
. for welware.
He closed his remarks by urgent appeal to the Council
10 adopt unanjmOaSty the resoutons,' Ger the s0e Of
the nhOie B0ttHre front Of the fduboUrg S. .Hary)
and expressed his conviction that the people of the Munich
pay would unanimously sustain them in their decision.
The argument irresistible. The Council unanimously
ordered the sale The resolutions vetoed They
again unanimously passed The people unanimously APP
proved and indeed the object might have been
pShed by prudent management and keepiRg the mafter
from bctore the Supreme Curt But the DeIabigaTe
appeal must M. The attorney comDeied " take it
ingenious accuser in your official organ. II
went and the Supreme Court in giving judgment ii,
tell this people, echoIng pnaninonS Council,
that nnder the state of facts presented b. the record, the
attempt OF the defendants (NIuncpaty Number Two to
change the destination Of tho ground (y resolving sell
ID WAS AGLARING TSTRPArinN or POWER, from which
no legal effects could result Thus all lost Has this
iudGman of the supreme Court bettcre the condition the
Municipality
Having thus gentlemen vindi"atcd from the caumnics of
this ingenious conduct during former official
relations with body, with pleasure and with
great respect that now subscribe myself
Your very obt servt Thomas j. DURANT.
co.
FIRST DISTRICT CoURT.-.jHdge NcHcarg-
Another very Interesting case of circums'anlial
evidence came off before the Criminal Court yes
tarday Ii was the State rs. Brown alias llarVer.
alias Harvard, accused of larceny. The first wit
ness proved that on the 18th of February last his
store was broken open at / O'Clock P. NJ, and a
large lo Of silver watches, two gold watches, one
hundred rings. and diamond breast-pin were sto-
len from him; and that he found them in shop in
Charities street. The keeper OF the shop swore that
he bought the lot of jewelry from a pawn-brokes
for $50 The pawn-hroker testified that he got the
watches ETC. tied ND in q handkerchief. for $50.