The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-05-30
LOCAL MATTERS.


LOCAL MATTERS.
CAPT. FoRNo AND RECORDER CALDWELL
It will be remembered that few days ago, num-
Der Of persons were brought before Recorder Caid-
well, charged with disturbing the peace at the
Fifth Ward Poll, and during the investigation an
assault was committed upon Officer Eol, by an ex-
Lieutenant Of the police. named O'Leary. A
charge was made at the moment against o'Leary,
and the Recorder, after slight inquiry into the
cause of the disgraceful proceedings in his court
room, ordered both the officer and the ex-Leutenant
to give bonds to give the peace.
On the opening of the Recorders Court yester- |
day morning, his Honor, in stentonan voice.
called for Captain Forno and, with theatrcl tone
and gesticulation, inquired whether ne was the
Recorder or the High Constable?
Can't Forno-I am the High Constable. ~
Recorder-How dare you release a prisoner with
out his giving the bond required BY me
( Can't FornO-I have never done so.
Recorder-You have in more instances than one
Have Won not allowed Officer Eloi to go at large,
without signing the bind required by me
Cant. Forno-He was no prisoner of mine, but
an officer in the discharge of his duty, against
whom no complaint had been made, and he was
not in my custody.
been. as soon as ordered him to give bonds to
keep the peace, and it was your duty to see the
bonds furnished. In the investigation of the charge
made by Eloi against O'Learysit appeared that
they had both grossly violated the peace OF my
courtroom, and ordered both Of them to lind
bonds in $500 to keep the peace. O'Leary had to
furnish the required bond, but officer Eloi was,
from partially or some other cause, allowed to es-
cape. This arose from political Partially or pre-
judice, which has been encouraged in the police,
perfectly antagonistic to myself, and whlch mas
rendered my courtroom extremely UNPLEASANT.
ask YOU now, Undressing himself to Capt Forno,
and looking pale and agitated) why the required
bond was not exacted from Eloi! -.
CAPTAIN Forno denied that any political feeling
| interfered with the police duties, and begged to
| inform his Honor, that there was no statute or
ordinance authorizing him to take bonds during
court hours. He had no authority to take bonds
in Eloi's case it the duty of the clerk Of the
court to take them, the duty OF the Recorder
himself.
The Recorder said the High Constable had dis
charged prisoners, who were accused oil gross
breaches of the peace, without having sufficient
authority to do SO, and in violation OF his tthe lie
| corder's) magisterial rights.
Captain Forno-I beg your Honor's pardon,
have never released any prisoner charged with
serious offence; but have discharged numbers
who were charged with light offences, either on
their bonds the bonds of their friends and
| in no instance, did ever release who was not
duly reported to the Recorder In all cases have
obeyed the ordinances of the Council, and not
stepped beyond my duty; and | am directed by
ordinance to release persons charged with slight
| offences, rather than con6ne them in prison for
forty-eight hours, less time to await their ap
pearance in your court.
Recorder have been Improperly treated by
| the police, and you have dsobeyed my orders.
| /. Cdpt Forno--I never disobeyed your orders. l
meyer discharged any prisoner when thought that
by doing the public peace the city ordinances
would be violated or set at nought. | regret very
much that any ill feelings should arise between my
| self and the Recorder on this subject.
The Recorder made some further allusion to poll
tics, and said that the officers were all opposed TO
/ him.
| Capt. FornO wished to reply, but his Honor said
he would go with the business of the court, and
ordered Eloi to be imprisoned until he furnished
| the bond that had been previously demanded.
| El0i-You'll have to keep mt in long time, for
| won't sign bonds.
| Recorder-For that word | fine you $40.
| Eloi was then removed in custody, commitmen,
was ordered, and he was conveyed to prison unit
he should give the bonds to keep the peace.
This extremely unpleasant affair occurred while
the court was crowded to its utmost capacity, and
it appeared to interest every present, for silence
was kept during the whole conversation.
A SCENE IN CoURT.-Yesterday morning some
excitement was occasioned in the Court of the
Recorder Of the First Municipality, by one Of
those strange circumstances which some times de-
sroys the sameness Of the proceedings Of our Po-
lice Courts. An intelligent member Of the bar
| was addressing acting Recorder Fabre, in a case
| of swindling, and he had occasion to allude in
strong terms to the prosecutor, who, feeling an
| noyed, unpolitely called the lawyer liar. This
| insult raised the ire of the man of briefs, and hi
dealt the unsuspecting defendant blow upon hi
rontspiece that made his eyes strike fire, and his
xHnw, he
the cnched fist of the insulted gentleman. The
defendant looked aghast as the bright.red stream
from his face and he showed, by his grimaces,
that the blow had effected the we Inherited chas-
tisement. The Recorder informed the member Of
the bar that he had committed contempt of court,
for which he expressed his regret although COM
PEELED by the force OF circumstances, and his Honor
fined him $40 for the offence, which was immedi
| ately paid and with apparent satisfaction.
THIRD DISTRICT CoURT-Baron VS.. Placide-
The following is brief synopsis Of the speeches o
counsel in this case
| Mr.. Eyma commenced by stating that Mr.. Pla-
eide had seduced this young girl from her situation
in Partisan theatre, by holding up to her New
| Orleans as an Ell Dorado. Yet after he brough
her here, he then turned her out without dollar
She came here and met with great success, ant
Pacide turned her away abruptly and without an.
cause, and refused to receive her when she offere
to return. On the law, he quoted Dalloz: Con
tracts with actors often contain printed claus Sc
which must be construed with reference to tn
usages of the particular theatres" He then quote
another clause, by which the manager cannot dis
charge an actor, even for cause, except after ju
dicial decree. He closed by quoting the articles
the Civil Code which lay down rules for the inter
probation of contracts He cited Cline us. Cald
well, and Kelly Us. Caldwell. He closed by insist
ing that the contract, though to be executed in th
country, should be governed by the laws of France
Mr.. T. II. Howard, for the defendant, read III
petition and answer and the translation of the
tract. The Court permitted the plaintiff to prov
, that part of the contract was printed and part
, writing. But every clause is to be executed
possible, and it was matter of indifference whett
err any part was in print or not. Such a construt
lion is to be put upon it as will give force to ever
clause. But if there is any doubt as to the meaI
ing of a contract, the construction put upon 1t b
the acts of the parties is to govern She had dance
in the "Serious Family" during the first seaso
without objection and it is too late for her at III
second season to object The contract itself rea,
that she is to perform any dance in which sh
should be cast. The gentlemen for the plaintiff
Nrfcn rIe rbnrract did not give heF. They ireate
her as a dancing star, while the contract only trea
her as a stock dancer. Why did she not erase ii
printed matter? twas written in her language
: which Placide was totally ignorant. He cited 9th,
ella uses to show that the contract was one for
G stock and not a star engagement. She was cast
Fortunio, and played it, but another had to spea
the words, and she was excused from it. Mil
Vale afterwards performed it. The fact that ii
manager excused her from the performance of he
: contract will not create any right. He argued
. great length that the contract in its form was DR.
. per, and every provision bound every actor G
dancer who signed it.
Mons. Maugin is the ballet. master, and his tel
$ timony was extremely prejudiced, as was apparer