The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-02
First District Court.

The following. Judgment rendered yesterday is
the last phase OF the proceedings relative to that
counsel fee - it speaks for itself, and if Holiness
Black, Nunez, Budd and McHenry-Brown, Stew
art and McLane, are satisfed-we are:
JESSE McHEsRY Us. JAMES MoLEAs, GEoRaE Brown.
dsnee and and
that on the 18th p when the order was entered up by
jesse Mcenry the amount Of money taken from ms stewart
to wit s461 in American gold and -four do9b that it
ing the charged have been stolen from him. and
which had been and ao the additional sum of
a e ny S Sn Pbwb h ID b 5
which and Nunea that ps WS
then Court that the taken from McLane had been
$ hS Ss a
ken from McIane and that therefore the only conflict that
would necessarily be between Black and Holmes: That
Baxter and Stewart the petition alleges that these
thieves and had stolen $1,000 from the plaintiff and that
injury they done him by stealing his money That as to
Stewart he had been tried and acquitted CRIMINAL
that of the money found in his possession was
identified az stolen property that Holmes had declared to th
that lost by him. and that he had claim it and having
ing witness and having testified agans. stewart he had
no hope of making out civil against him. and in tact ne
And as to the seizure Of the Stale the State was made
party the rule by which the Clerk directed to the
General had consented the entering up of this
Sde a. and had thereby waved any m which night s su
considered that the Attorney General the representative
prosecuting witnesses the criminal prosecutions had
been tried and that he stood before the Court the protector
Mc.ane, Stewart Baxter and Brown that nearly $4,000
would remain after deductng the amount taken from Stew
than sufficient to satisfy the claim OF Holmes and
N1nea on account Of the % stolen from that the
the amount Of money taken from stewart and that under
said order he was entitled to said sum and in fact the Court
thus ordered paid him consequence of the
aforesaid SEIZURE And the attachment Of G. Budd,
s f0%s nH the Feb s %
mad en BY C1 BE sn
therefore affect the rights of said Mcenry said sum-
as and ns
had been paid to him by SAID Clerk is Of opinion that
sh hs aao and
this Court having been sent here to be used criminal pros
which authorized is CLERK e turn 70 the Sheriff he
money taken from McLans Bsxs Brown and Stewart as
the Clerk Of this Court did the Oath inst declare has
money mentioned order entered up favor Of Jesse
Mceury the, 18th inst lin strict conformity with the
saaoed On the Eth this rule that the
gold and four dOuboSns had been paid in obedience
And the Cont further considering the of the Sheriff
this rule and the affidavit thereto appended and the dec
was declared that the said Sheriff willing and ready to
ss sH%RSs By Sqss
said Sheriff has not been guilty OF any Intentional disobed
OF order OF this Court
And this Court after review of the whole proceed
ngs being of opinion that there EXISTS sufficient reason
why the order entered up the 18th February should not
be enforced order adjudges and DEGREES that the whole
of the coin. money and effects paid to the
Sheriff by the Clerk of this Court appears by the receipt
of said Sheriff marked A. dated the d February 1919 be
aud five dollars in American gold aud four doubioons
which said Sheriff hereby ordered to TO Jesse Nc
tered the 18th February 1919 directing is Clerk to pay to
him the amount taken from G. M Stewart and that
remainder of said mentioned in said receipt be held
this Court subject the ws of attachments sequesta-
and seizures the hands of said Sheriff order
that the may be distributed according law and it is
further ordered audged and deced that the said receipt,
apd the same hereby cancelled and annued esevinc to
the Sheriff and the Clerk of this Court their privilege
aid sum for the costs which may be or become
them il the different suits pending herein before stated
d contempt, b and is hereby dismissed.