The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-09

L
(coloyed) Church. The recorder thought IL woult
take ffty years more, at the rate the learned d
vine vas talking, 10 fully establish the question o.
ecciesns9cal orthodoxy, but fixed the case fol
shepherd under bail Of 800 to appear at that time
TIE oAss OF ARcHY HAYS, colored. charged
with having committed rape sometime in Jsuu.
| ary on little white girl four years old, Rose
Murray, on Gyavier street, was TO have been tried
before Recorder Becker yesterday noon, but on
81 se 11s the the
and the prisoner remanded without bail.
TEE TWO STORY FRAME BUILDING. No. I4l How.
ard street, occupied by colored man named
Green, and owned BY Mr.. Smith, caught fire
about 2 o'clock on Sunday. But trifling damage
was done however, the loss, such as it was, being
covered By insurance.
RoB.ERrss.-An open-fsced gold watch, bearing
the letters ~. P" inside the case. and having a
diamond ring and some Spanish coins attached to
the chain, was stolen early on Sunday morning
from the residence of Mr.. John Pratt, on Seventh
street, near Chippewa. 1t is supposed that col.
ander, was the 'larcenist."
Between Q and 4 o'clock yesterday morning,
while M Jacob schwenk was lyins aaleep in his
Magazine Market, some thief entered and ssois
from under his pillow q gold vstch and chain
valued at $780, The thief escaped undetected.
The dwelling Of Mrs. Bassett, No. AVG Magazine
street, between Race and Orange streets, was
entered during Sunday night, and robbed of a sill
YER watch and pocket book containing SIS. The
entrance appears to have been effected through
back door. There is no clue to the perpetrators
of the crime.
Mr.. George Cook, residing on Melpomene street.
near Franklin, picked up. on Sunday, on Liberty
street, i've hats, which can be obtained by the
owner by calling ct the place aforementioned.
JAMES CULLEN was arrested on Saturday even
ing, at the corner Of Julia and Tchoupitoulas
~ nd
charged with committing an assault and battery
with deadly weapon, with intent to kill one Mary
Fletcher-while sick in bed-at No. 1873 New Lee
wee street. without assault or provocaton.. He was
sent to the Parish Prison to await examination.
A PossE CoMITATus CALLED FoR Sheriff
Md1'ceHs Deputies Routed-Amdzonidn Rule
Re estdbEisfed.-A rule yesterday was offered in
the Sixth District Court to this effect Plaintiff in
rule purchased piece of property at sherif's
sale, and bad his title made out but on attempt
ing to take possession the wife of the former
owner and occupant defed him and the sherin's
officers. The lady's opposition was so threatening
and vehement as to make the purchaser and his
assistants retreat in haste without having accom-
plished aught The purchasers attorney prayed
for writ of posse oomitdtus, writ which only
such body as the present Legislature could
make lawful. The sheriff has the right to call on
any person or persons TO form posse to aid him
in the execution of his duty; and the lawyers
prayer marked him down simply what Dogberry
instructed his secretary to inscribe him as. His
proper recourse was by writ Of ejectment.
FOURTH DISTRICT CoURT.-some years ago the
city Of New Orleans sued certain property
holders on Moreau and Cssacsvo streets, in the
Third District, for the privilege of extending
making straight line of them down to the lower
limits of the city. There are two squares in
length which intervene. Moreau is the continua-
tion of Camp and Cbartres streets, and Cssacalvo
of st. Charles and Royal. The two squares of |
property through which the streets do not extend
are the ground once belonging to the lower |
Cotton Press Company, and in some In. |
stances built upon for private dwellings. The |
opponents to this measure are Ignatius Szymanski,
j. B. Slawson. Mrs. Gayle, Messrs Zunts, Parker,
and others. Judge Theard selected experts to |
apprsise the property some time ago. and they |
have acted in their capacity, and yesterday filed
their report
tery Company vs.. Alabama Mutual Aid AssvoIs-
ton, Dave Q. Johnston, ct al. Judge Leaumont
rendered a long and able decision yesterday, in |
this case, and after recitng his reasons adjudges
as follows:
"The court having decided the act of the 18th |
August, 1868, constitutional, it will strike the |
common sense Of every body that there is no ne
cessity OF deciding the two other writs of injunc.
ton which were merely incidental to the main |
suit. But, however, the point Is made and should |
be looked into. The court understands an injunc-
ton to be q mandate obtained from q competent !
court prohibiting one from impsirilg right |
WuiCu NC CidlLles buCn Dt Tue case tQ6re Is no
doubt that upon the allegation Of certain right |
vested in party, the court must protect him and |
prevent any impairing OF that right until final
hearing. And if, after final hearing, the court |
feel convinced that the party alleging to have
right has it in reality, why the Injunction must
stand forever. But that Is not the main point.
The question to be decided is, whether this court
had the right to issue its writs of Injunction as
ordered In this case, to prevent the other party |
from bringing suit There Is no doubt in the
MIND o. the court taa' the court has that right
"It is therefore ordered that the rules TO quash
he Injunction in this case be dismissed at the
,osts Of plaintiffs in rule-the defendants in the
iuit."
The Louisiana State Lottery Company are there
lore thus far victorious, and Col. Charles 7. How
,rd and his partners may therefore cry, 10
ri0mphe. |
md manager of the Varieties, files petition to the
,ffect that Augustin DAILY. of New YORK. author of
Under the Gaslight,r containing many scenes
Ind dramatic effects, all conceived and created by
)aly, and which have all been copyrighted; that
Ben DeBar and Charles Pope have announced
,lay, called "After Dark" 10 which railroad |
cene is prominent feature for performance at
he st. Charles, without proper authority to pro- |
luce the same; therefore prays q writ Of in
JUNCTION prohibiting them from playing said rail-
cad scene.
Mr.. DeBar, through his COUNSEL gave bond In |
5000, and received an order of court authorizing |
lin to proceed with the play and the scene. SO
be play goes on, and the railroad scene will be !
Dj0yed by the frequenters of the st. Charles,
nt further orders from Judge Leaum mt.