The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-05-25

FIFTH DISTRICT CouRT.-Hilliard y Dennis
VS.. G. b. Beueriy, Third Justice Of the Peace
This is case for certiorari, which has been GO
ing on for several days past The plaintiffs allege
that they are owners of the ship Arkansas {; that
on or about the 18th January last eleven seanen
sued said ship for balance of wages. to the
amount of three dollars; TO which claim the ship
pleaded a forfeiture by desertion; which plea,
on the 9th January. was fully sustained by the
Third Justice of the Peace, before whom the suit
had been Instituted, and Judgment rendered i'll ia
vor of the ship. subsequently new suit was
granted that afterwards said Justice, without right
or authority of law, in contravention 10 the rights
of the owners of the ship. and without their know
ledge or consent, of that of their COUNSEL sent
the papers belonging to said suits to the Hon.
Alexander Derbes, Fourth Justice OF the Peace Tor
the Parish with direction or request that he, the
said Fourth Justice, should try the said suits and
render Judgment therein the said Third Justice,
after having granted ne W trials declined to act any
further with respect so said SUIT; that SAID Der
hes received the said papers, and proceeded to try
and determine said suit that protest was made TO
said Fourth Justice trying, in any manner IN
termeddljng therein on the ground that he was not
authorized so TO do by law, or consent OF parties;
that wholly disregarding application to continue
the suit. made upon good and sufficient grounds !;
and wholly disregarding the protest aforesaid, and
the rights of the owners, the. SAID Four'n J'stlce
proceeded to Try said suit. and on the l4th March
last rendered Judgment against the owners !; that
on the 31st March, said Beverly, Third Justice,
upon the Judgment rendered by A. Derbes, Fourth
Justice, issued eleven writs of execution IN favor
of said seamen, and the said ship Arkansas was
seized and advertised for sale
| On the trial Justice Beverly. being examined as
witness, proved that he had originally tried the
case, and being satisfied of the validity of the plea
| of desertion, rendered Judgment in favor of the
! ship, but afterwards granted new trial and when
! the cause again on for trial, he refused to
| try the same, being convinced that it was trump
| ed up atfar-ihc evidence previously offered to
| prove the desertion having been surrendered to
the ship, to wit: the shipping articles and the log
book; the ship having left port, they could not 90
to trial and therefore he declined acting until the
| return Of the ship: but the seamen pushing the
case on he positively refused to have any thing at
! all to do with the matter. inasmuch as he could
| not try q case when he officially knew that there
! was evidence wanting. and which had been Offered.
on a former trial. which would defeat the claim.
Hinder the circumstances he told the parties that
they could do with the case what they pleased, and
MIGHT get another Justice to trylt.
The case was tried by Judge Derbes as above
stated but by what means he became cogn!zan
Of the cause. does not appear-no proof OF any
consent to that effect having been offered-hut on
the contrary quite the reverse, the defendants II
the suit. by their counsel, protesting against sucl
proceeding all the while.
Judge Buchanan will give his decision IN the
above interesting case in the course OF day OF
J two.