The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-02

y
spirit, one who has come down from the far west.
With which We have such intimate relations, BON
social and business, to establish himself mere 10
the prosecution of honorable enterprises. he mas
made himself resident of this city, and u the
gentleman had any wish to arrive at his motives;
If he had any desire to understand the . means
used by him to procure this claim, he might at any
time have called him upon the stand; put ne was
afraid of the damaging revelations Wnlcn ne
would make he knew too well that Mr.. tucker
was conversant with commercial transactions and
with railroad matters and instead OF making out Q
case to this court in favor of Mr.. Morgan, wouid
be shown that Mr.. Morgan was enriching himself
at the expense of the people Of New Orleans, and
TO the detriment and fatal injury of the road that
ia what the gentlemen would have heard II
they had called upon Mr.. Tucker TO testl-
fy and they dared not do 1t. Mr.. Iucker,
therefore, not only as citizen o. sne
State of Louisiana, but as business
man, instead of confessing motives which gentle
men have seen fit to charge against him, has every
interest in seeing this road completed from bra
shear City to New Orleans. he has no steamship
line, as Mr.. Morgan has, the interests Of which
are that the road should stop where it is. He has
no interest as an enormous coupon or bond
holder; he has no interest in obtaining the ad-
Indication Of bankruptcy in this case, beyond that
which any business man In the city OF New Or
leans can and should feel in all great public enter.
prises. To offset the gentleman's motive for OPP
posing movement which looks solely to the pos
session of the road. on behalf OF Mr.. Morgan,
under this stage Of process, apply this state
ment of the motives of Mr.. Tucker, as citizen
and q business man here, to see the
road once more in prosperous and
paying condition. II there il any motive
actusting either party in this case which can be i'm
pugned It is that of the man who stands before this
court unsupported by one word Of evidence as to
his objects, which shall prevail over the apparent
or expressed motives of the authority that makes
the charge against him. Then. the commercial
community and the voice OF every business inter,
which we have called upon this court to take in
the matter. II Is for our interest here 10 New
Orleans, as has been well remarked BY my friend,
Mr. to extend every facility to commerce, to
open that great region beyond the boundaries OF
Texas throughout the State of Texas, to make it
entirely with the gentleman. He has one
way of accomplishing results, We have
Mr.. Morgan should be permitted to sell out the
road on an execution for $240 900, at the expense
of the interests of other corporations 10 tne
amount of So zoe. 900, than tnat TINS court should
admnistsr assets for the benefit of all. Itseems
10 me that the propositions bear upon their face
in the one case most complete vindicatio1, and
in the other most complete condem-
nation and / cay, therefore, that l
have rot only admired the eloquence which
the gentleman has displayed to-day, but
have been surprised at the manner with which he
can apparently throw himselfinto case where his
Interior motives are the destruction Of the very
person that he has defended. | had never yet
listened to any address where | was more i'm
pressed in seeing the ingenuousness of the gentle.
man than in the present one. l could scarcely
believe that one who has been so long in the
practice of law, that perhaps has lost that feeling
of partisapship which younger man might have,
could still exhibit all the ardor and all the preudcss
Ct youth. must say, in vindcation of myself that
when this case tirst taken up for argument
Lad intended to con6ne my remarks entirely
to the law questions at issue. IL was therefore
81 fkA air.
of the case before the public. to whose opinion
your honor is not in the least either amenable or
responsible, so long as the law remains clear and
undisputed In your mind. Bot We have been
take some notice of the arguments that have
| been made outside of the law. in order that the
public may Judge not only Of our motives, but
| the motives Of the gentlemen who have appeared
for the respondent In this case, and feel certain
that in this argument, from first to last, the gen.
tlemen have appealed TO the public mind rather
| than to the judicial mind of this court they
have appealed only to the public mind; and
| their appeal can have 20 bearing and no weight
| with this court.
| We are in favor. then-and the motives Of Mr..
| Thicker are such as to warrant me In saying that
| our only desire is-that the road may be relieved
| from the incubus which has hung upon IT so long
may be relieved from tie Encouragement which
| has borne it down into bankruptcy 30 many years,
| and that by changing hands it may receive that
| new life which is so necessary, not only for It's
completion but its successful working, so far as it
| is completed. There is no Interior motive, no
I" fraudulent desgns'-as Mr.. Robinson was
| pleased to call flying underneath this pro-
ceedng. There is DO great Illinois Central rail-
road hose interest it is to check and destroy this
short line of road in order that some imaginary
| Pacific road from Cairo to the City OF Mexico may
receive all the trade and all the profit OF Mexi-
can connection, / say this in vindcstion of the
gentleman. | say it without the possibility
Of contradiction. because there is nothing in the
record to condemn; because all the light this
court has before it as to the motives Of Nc
Tucker come from the mouth of the gentleman
himself. Before this case shall have proceeded
/ far, IL IT is adjudged bsckrupt Mr.. Tucker and
those connected with him, will have shown to the
public that their only object is to obtain speedy
sale Of this road and he assures me that partie!
stand ready not only 10 bid, If the sale shall be
made speedily, but to contract that they shal
finish and complete this great work, and by 81
doing add something to those causes which arr
now In operation to make the city Of New Orleans
the second city, not only in population but in com
| merce and trade In the United States.
| Judge Durel here remarked that time had beef
unnecessarily taken by counsel in discussing thu
bearings OF newspaper reports. etc., which coult
have no weight with the court, whose province !
was to administer the law-to decide whether
certain act is proved, and whether that act i
bankruptcy within the meaning OF the law-no
| to inquire whether mans grandchildren may b.
injured by it or not. He hoped the counsel VIII
/
| record.
The court then adjourned.
| THE closing argument of Mr.. Billings, 10
plaintiff will be published in full in tomorrow
CRESCENT
| Finh District Court.
A. L. Lee, a resident Of ST. Bernard, sues on
q writ OF mandamus against j. o. Landry, COZ
troller of the city Of New Orleans. based on tn
following allegations: That he was possessor OF
certain contract entered into on the 9th July
1868, pursuant to act eight of the Legislature, az
proved July "a, between himself on one hand
and Gov. II. G. wsrmoth, Lieut.. Gov. o. J. Dun
and Chas. W. Lowell, speaker OF the House {
Representatives, on the other, whereby Lee Is az
thorsed and required to publish in his ofhcis
| journal all the advertisements, and do all th
printing for the city Of New Orleans that he ha
published in the N. o. Republican, the ofiici'
| Journal all the Advertisements and done all th
printing required of him by and for said city, in
contract aforesaid to and inclusive Of the 3lst D.
4 tober. That he has at the end of every mont
presented to the controller detailed statements
4 bills for the preceding months. That said col
troller declines and refuses to warrant on th
city treasurer for the amounts. 90 required by Law
The amounts are for September $249s, for Oct
| Der $2l47. That the controllers refusal to dra
| warrants has put petitioner to great nconv
| niauae and Ia a denial nj iuatfca