The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-02-15
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THURSDAY MORNING, FEBRUARY Is.
The Case of the CLERK of the First District Court

| tHChSbAt NOkNiNE, FEBRUARY TO-
The Case Of the CLERK of the First District Court
The difficulty between the Judge and Clerk O
| the First District Court has caused considerable
excitement in the city. The Clerk applied yester
day to the Supreme Court for writ of habeos cor
pus, which that court refused to issue, on the
ground that it had no jurisdiction in the matter, the
Constitution having restricted their authority in the
issue Of such writs to the cases in which the cour
had appellate jurisdiction. The writ was subse
quently sued out of the Second District Court, be
fore which tribunal the case will come up to-day
at twelve o'clock. The is one of great public
interest If the Judge is right he ought to be, ant
will be sustained but if he is wrong, he is very
wrong, and must take the consequences. We pub
fish below the petition of the Clerk, sworn to by
him, as the only statement Of the facts which has
yet appeared from the parties 1t is entitled to the
credit which the oath of Mr. Rousseau gives to it,
and will be believed until ii is dsproved or shown
10 be erroneous
To the Hon. the Second District Court of Neao Orleans
The petition of Alfred Rousseau. residing in New Orleans
That he is tanned and imprisoned in the parish Jail Of the
par sh of Orleans. and then AID there kept custody by
John Lawson Lewis, Sheriff of the Parish of Orleans, by
and signed bs the HON In MeHeny Judge Of the First
DstricsCou of New Orleans. of which commit
petition PETITIONER further states that hi, said impri,oa-
men is null and and not warranted by law and more
thus mp onad IS Heal and ru and VOID '" Lie '' 'ee
That in order enable his Hon Court to the mat
er at ISSUE it to enter into detailed statement
@ wit James Ssfss"
aHer GerTgs Steward nd Geoge BGGwn were accused
and is the legally constituted CLERK of The First Dis
Recorder Of Municipality No Que ce tain sum Of money
gold coins charged have been stolen by aid four per
hunsd an ihyiwo do srs and forty cents and claimed
as the property of John Holmes Jose Mgnez and Frank
cu;ed That three Of said aocnssd to- Mel can, Stew
Geo. se his e
earance forfeited That after an order for trial
sd I'd & ty ons @ Ea a
accoipgy disch Tged That from the sentences passed
meantime in several civil su is Instituted before said Fist
executions Were issued BY order Of sad Judge tie Hon
J9dge John Gen as ows to wit I1 il the thee
q fs ss the 500 and ada eo Sne and
s& s ses :" State sad Of ssn @ SAID s
orfeted bond writ of feri aeSs for the sum of $500
and ss . Ph@sf Blk rs The
ef Holmes said Mclean and Others seGuesration
was made party defendant as having in his bands said
Of 500 belongs to him That IF John em ss
who ALLEGES that he the Of $4,000 of said MONEYS
recns tn said snm should be delivered aid Hom
npon his giving bond required by law from plaintiff
in the case of properly sequesered That afterwards the
for ID
from the lad Hon Judge % Thu,
Of said Judgement and costs without egard to the
ration, attachment and documents aforesaid and without
tachmens seque and demands in the hand of tn,
petitioner this petitioner himself parties the oceed
McHsnry having applied oths@erfioneI for the
% paid IN Of to 5 h s s'e
upon said Hon Judge being verbally informed Of the
oivaiy called hy the Judge AID told thai if he did not
comply with ID oder he The Judge wouId commit him
the consequences whereupon Thu petitioner retired into his
office and beI"g there consulting with eo9pse as to the
ites 10 pecuniary liabilities tn him by
M nom in I n a ee had wSg
viii "nst be complied with said Ron. Judge
counse should nerfsre or a,'emp to def nd him he the
Judge would send both the petitioner and counsel to a for
PETITIONER fu tt states that the 18th day of Fe ruay
l8i9 the said Je Henry having bv counsel ugeesd to
he court that said money had teen paid said Honorable
Judge called this petitioner instanter and ordered hi to
said money to jail That thus petitioner replied that
sb Ts c SAID Honor
n1ersf urte1 E that % said Honorable
sdjournea and declared hat the could AGAIN
until said order was complied with the ground that said
court without clc,k long this petitioner remaned
N prison That said orde' to give Je
al ese o he oa e he a That
have right appeal thereom sni that he DELAYS for
had right to recuse said Honorable Judge and would have
,ecnsed him on the gro1Td that said Jesse Meeny the
Of said gh consequence of not hvng been made party
defendant said order That though this petitioner has not
has also SIGHT appeal thereom That said order Of i'm
orsonmentwas rendered without any rule to show
Of bears upon its has been rendered
by virtue of law obsoete and virtually epealed by the
order of imprisonment vague and ndes mite and so word
o
the tenn Of ten tays Or until he co pies with an order Of
the body Of said wit That warrant "aa signed
by said Hon Judge himself and not by the officer of
person. a' 10 wit Norbert Tepasne Dsputp
Sheriff whose name appears where The face of sad
he Of said t D Court hs@e
been 4 and the regular eo1e Of Of
netoner has has applied to said Hon the First District Coqi Of
ss sas and s
Re % e BY be s c. the Court under
Wherefre The p,emies bel considered, your petitioner
respectfully prays Ibis Hon Conn 70 is in the of
the Sheriff Of he parish of oeans bng before tb.
Hon Curt at such day and honr as please to fix the
the Attorney General and Jesse McHenv be notified The
moving the alleged IN ms be %
charged from cnsody and set at liberty He further prays
for general relief, and as in duty bound, etc
ALFRED Rousseau.
james Foulhouze, Robert Pnaux, of Counsel
Alfred Rousseau being duly sworn depnse,h and saith
that all the facts and allegations stated in the above peon
are correct and true ALFRED ROUSSEAU
sworn to and subscribed before me, New Orleans I4h
February, 1919. in the Parish Prison.
Aux. DERBEs, Fourth Justice of the Peace
in and for the parish and city of New Orleans.
[copy of Commitment
The State Of LO,siana District Court Of Nec Orleans
The State of Louisiana, the Sheriff parish Orleans
greeting:
Whereas fired Rousseau Clerk of this Court has refused
obey of this Govt in open Court and during its
session and has thereby committed contempt of this Court