New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-15
LOCAL INTELLIGENCE.
MlasIsslPPi.
istehez-Hon. j. S. Harris.

DRf#
HTaE WRIT OF HABEAs CORPUS IN THE FIFTH
D.a EnRIoT Court, Elk PARTE Zach. Taylor ct
CRAM 1.-THE Fifth District Court was densely
LACE cvded yesterday morning to hear the
niue guments Of counsel in the case of Zach.
No ylOr ct ais, who were incarcerated in the
r I'd workhouse as Migrants, and in behalf
Ehom writ of habeas corpus was
in.ed to test the legality of their COM
inent The following is the petition
sss, On which an order granting the writ was
in II Bssd.
The petitioners whose names are annexed
and made part of this petition, citizens
the State of Louisiana, residing in the
yOf New Orleans respectfully represent
II Bat they are now and have been for some
I. be, to wit: for the last fifteen days or
So, 0fe illegally detained and unjustly i'm.
IrssI bOned by Julius A. Noble, warden of the
Jommaa n Workhouse, and are now confined in
sDAIMd city workhouse without any legal
,o 0s9s hority. Your petitioners further aver
stthey were illegally arrested, and verify
- lieye that they were arrested and are now
HON Anfned through prejudice and without
INA affidavits.
Wherefore your petitioners pray that in
elvsr Elaboration of the premises, your honor
my M, 4 u grant to your petitioners the peoples
hAH Ii Of habeas corpus directed to Julius A.
1--WE. Rble warden OF the city workhouse, or.
Is Le1Eilg hin TO bring the body of your petit
Z o'A leTs before your honor, at such a time
J. ESQ your honor may direct, together with
Jay, cause of their capture and detention,
rs,ns. after due proceedings had, they be dis.
Urged from said illegal Imprisonment;
N, PHF they pray for all general relief; and
Nf.B,r fitioners further aver that copy of the
Fnmitment has been demanded and re.
-@ed. GEORGE w. KENDALL,
Attorney for Petitioners.
Lieutenant Governor VOORHEES, appeared
IBERT behalf of the state-District Attorney
rms tn pzenberg being engaged in the First Dis.
i'd con e Cortland read the following answer
Julius A. Noble, warden OF the city work
L use;
day "a Julius A. Noble, warden of the city work.
to as use, defendant, now comes into court
oncsFa answers that Of the 256 names on the
attached to the order of this honorable
NJ he can find only lbl in prison under
H, Lsa& charge, and that he holds said prisoners
.faystie confinement by virtue of mittimus va
NJ issued by the different recorders of
city of New Orleans.
IUsRU nd filed exceptions to the jurisdiction of
court, cOntending that it, being a court
ans yll procedure, could not entertain the
tel. n1g of a writ of habeas corpus, ap.
,,,ou abe to criminal proceeding, which
the exclusive prerOgatiye of the First
GOD, Eict Court, which court alone was com
at TO hear and determine the matter at
WEIR q that the commitment of the REALTORS
b LI0U regular and in accordance with the
ngarOe VISIONS of the statutes and municipal
: OsN regulating the domestic affairs of the
,nts. that sill district courts of the state
city had the power to grant
writ Of habeas corpus prior
nm pc adoption of the constitution of 1864
SO41n# the acts Of 1866, which regulated the
.''.''' saiction and province of the several
{ <D net courts, His argument resolves itself
HANq three separate and distinct PROPOSE
Ai@AA' namely:
ALE or rat That this court has civil jurisdic-
N. I'd Of the writ Of habeas corpus in all
hitter. except those involving questions Of q
-s's-' lnal nature.
; hA' cond-This court can not go beyond
o. commitment OF court acting under
svee NJ of the legislature; and
iravisr ird-That If this court had a right to
rYlse the action of the recorder, the ac-
4 on trial before the recorder is not en-
inusti q 70 trial BY jury, but this case under
police laws Of the city is to be acted
sammarily by the recorder.
AZ Rionel Field appeared for the relators,
argued that the act OF the legislature
erring powers on a recorder is in con-
with the constitution Of 1864, title 7,
wD PIE los, and that the commitment itself
SPROHAtANa W tlAC DAIuH tlllC dHu bSG"
which provides, that Prosecutions
be by indictment or inform alton. The
ped shall have speedy public trial by
impartial jury Of the parish in which the
Pee shall have been committed, y etc /;
y" also strengthened his argument by cita-
from decisions to the point, that the
nement Of the petitioners was in def
FNT. WOf tha cnnzfifutiou aud 80 tba ,,,,,,,. -,
(Which is in force in this state and par
that the Supreme Court have de.
that the District Courts have
and daeral power Ito issue a writ of ha-
oas corpus to decide on the case Of
ste Tobias Watkins, reported in
Ian. n' Reports Of the decisions of the
eme Court Of the United States. That
ecorder's Courts are tribunals oflimited
FOOD slction, whose Judgments are not final,
hat the writ of haDeas corpus is in the
r of writ Of error, empowering the
! Was et Courts to inquire into the legality
acts Of such courts.
which Mr., Worthless replied in sub
rs'a'' :, setting forth his views as above no.
argument Of the question of juris.
% will be continued today at ten
pom sets
,op was 1pena dices tecum was ordered to be
vsEJ dsa % Recorder Letten, who is directed TO
Lass esta the Record az the trial and commit.
y s'sn ~ q one John Lewis, the decision In
- bo case Is to decide the question.
yeBARl eqAHpAIgEE PnoRLE.--Mr. =. A.
'-aiao q n 80 -. ,s.s.,,s-t.., -, ot.,.e ~,