New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-10-08
Neh 0rleans Bully Grtsteut.
THURspAY MORNING, OCTOBER 8, 1857.
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THURSDAY MORNING, OCTOBER 8, 1857. 8
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AcCrDEET-Mr Johnston was badly bruised yes
terdsy by falling from platform Of building New
street. Gravier He had gone up the scaold for
the purpose Of looking kind Of proof roofing
CowHIDNe AFFAm Up TowN,-The vicinity Of
Josephine Laurel terribly thrown Of its
equilibrium few nights since by foorace in which the
parties woman, and cowhde the man being in
'front.' the cowde close after him. with the bringing up
The the cowhide started the in the
cofeeouse the Of the named the
squsres when finding that the cowhide lit his
shoulders nearly jump he doubled and put back the
coeehouse the coehonse up the coffee
house The cowhide and the following him the whole
time and cornering him and giving him his full dose
The learn husband addicted to toddes cards
and late hours and the his strong minded wife
She had repeatedly taken him away the coeehouse,
night after getting tired Of waiti him home On the
last OCCASION she concluded adopt curative plan Whether
it will cure not, remains to be seen
CoRoNER's Unconstitutional - The Coroner
yesterday held an inquest the body of Daniel Daley Irish
IS of found dead board the steamer Allie
gheny Verdict, accidental drowning The deceased
passenger the boat and erked overheard whilst the
boat under way by his want Of skill in dipping bucket
of water His body rescued before life extinct but
all endeavors at resuscitaon proved fruess.
Coaeson of Bra-A second Inquest was held on board
the above boat the Allegheny the body of passenger
unknown enchman about 40 years age who died shortly
before the boat reached the CITY, Verdict CONGESTION Of the
brain.
FIRST DISTRICT CoURr.-This court opened yes
terday receive the first report the Grand Jury ALI
the jurors present They reported bills
murder against Robert William Mcdonnell. against
Nolan and against John Mckay. The frstnamed
accused Mcdonnell having been admitted benefit of bail in
S5o0-which however, he had rot furnshedt ordered
of the District AT orney that capas issue for his
arrest if released and that he be detained in prison till trial
Hickey witness in the murder of the State
Joseph Haggerty alias Smith, and detained prison that
account ordered be released under $1,000 The
court then adjourned over to Monday
SECOND DISTRICT CoURT.-Judge Morgan yester
day his decision in writing granting writ of
junction prayed the Mayer Council
from appointing precincts and inspectors for the approaching
election in November We give copy of the decision in full
Central Board Of Commissioners Us. Waterman Mayor
plaintiffs n this uit having applied to for an In
Orleans collectively and individually from appointing inpsc
the State held in the city New
Monday of November next, deemed duty that might
respective rights Of the parties and whom the
why the Injunction for should not be granted The de-
PENDANTS have appeared in obedience to the order and after
grant deny the application order refuse the injunction
to on 5 N en a
than am heavily responsibility which know
to e % But hs s n as
he p
and possibly be II before court il
consider least be governed by them The rights
III the nd ea be Considered when or the pubic
appeal the r bunas OF the land settle their differences
aebeg n he making no
w Els ss
his only provinces is to upon the law he finds it
against laws of constitutional
gsPs M 5 the 1oNsr Of ss s ali ct nS I duty
hardship unbiased by personal affections entirely
dignity office and the virtue q his regardless
camor he should be entirely and careless of
| lar or popular applause.
The question and the only question for determine
the prohibitory remedy which they ask for at my
the plaintiffs present to mes that they
Board of created by an act Of the Lssa
is Lag by T9 as Haae s be
parish of Orleans appoint three commissioners Of election
az ads s e Of to-
sgna'e the lsces Of holding the polls the several
the humber by which it shall be designated and and
il and so to % an hs a s dGng the
his ballot deposited therein
leans the first Monday Of November which election
M ssy Of es ss s s o
this M % Sa bs p sna X eas n IN M
ing the each poll for the convenient
h the n S At a
precinct in the city of New Orleans
they ha: he Mayor city and Boards
and sm hs %n os o h h
exclusively conferred them intend and about to exercise
at epe pos in Se pssHs
at I Ss4 a I a ns ]
Aldslnsn either directly na5se ,hs
about TO exercise unless by of injunction
3 3 ssssG il M sG sSs se 1s
If the aGts @ stated IA the @ M to TSa Sa @ of that hat
pn ss a mo the hss
s2 ns L IS dnosed Nat The
legislature its last session passed the act which the plain
sss wss petition
all denied that the defendants about to act in the
assumed the responsbtes iaJols which accept.
ha e fs SfS y
law which placed in 18th Their bands by the only
themselves that acts in violation of it.
that no one sS shall Hint interfere ps' with them carrying
s m % ssIa or qsf M
every other pers!oa ~ s,o,, ,.r,, dsoh,,;,, -.
will prevent them from acting in they seeking
which can prevent them from receiving the ree they
urged hy sreh because eens9ded J, ,hsrss
AND cwins out Of hs cause Of
her risdcon wit the Fifth District
SsT Ne & y 5s
Them to Thsh n a n o s
rights The requisites successful plea Of lis penden all OF
concur that the suit must be between the same
parties having the object and growing out or the same
Of action. What is the suit pending in the Ffth District
Court which plaintiffs heren non1ne are parues ana
what has for its object? 1t is suit IN which e Mayor ana
others sought and did restrain f. Noise and others among
whom the plaintiffs here, from appointing commissioners
and and number the polls for an election which was to
place and which did take place some time back iGr
prohibits tie defendants therein from acting in November
still appears that or the essential qualities
of lis pendes is wanting in this case because the objects Of
the suits ut all the same In the SUIT IN the flh
District Court the object to restrain the here from
strain Mayor from doing the same hing The
objects pertec y distinct and separate to my mind
either without the oiher and both can in like manner
exist without conflict.
no sense follows that because the Board OF Com
msoners enjoined by the city authorities from ap-
pointing commissioners to hold election that, there
fore the the Board OF Commissioners cannnt enJon the Gy
Council ON doing the thing. II different RUE existed
power would be confined to the panth IN SUIT and
defendant could pohbve redress against he
unlawful of party who institutes suit against hm Inc
which will authorize the issuing OF inanctons are UNI
which issues when Justice req ares u Tor
the the rights Of parties II obtain an nlunc
ton against b. prohibiting him from dispachng snip, OF
which they certain IS D. ~ consequence
of Injunction, debarred the right OF pro6'tng by n:
junction dispnchug the same ship 10 another port II
prohibit by Injunction from cutting imoer upon eeriah
piece and obtain injunction against prohieit
ing doing that which he, b. is enoined from dong
If not buh the defendants merely be-
they defendants may be deearred from an exercise