New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-16

OFFICIAL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL OF new ORLEANS
THE COURTS.
Habeas Corpus Case.

A petition has been filed before Judge
Abel, of the First District Court, by Ben
iamm Purnell, substantially as follows:
Petitioner represents that he is now incar-
Cerated in the Parish Prison Of the parish
Of Orleans, and is wrOngfully and illegally
deprived of his liberty by the Criminal
Sheriff of the parish, by virtue of an order
or pretended mittimus issued by this court,
which is not regular in form or substance,
and is without authority of law. That said
mittimus sets forth no cause why petitioner
should be imprisoned and deprived of his
liberty, wantonly and in open violation Of
law.
authorize his imprisonment "until he is
called for by the Sheriff Of the parish Of
Jefferson" as expressed in the mittimus;
that the Judge of the Second Judicial Dis
frict Court, and the Sheriff of the parish of
Jefferson, decline and refuse to "call for"
petitioner, or to exercise any jurisdiction in
the premises.
1t is averred that this court has declared
itself without jurisdiction to try petitioner
upon the charges preferred against him,
and therefore, under the circumstances and
facts, the petitioner, Benjamin Purnell, who
was incarcerated as aforesaid, is entitled to
his liberty.
Petitioner prays that writ of habeas
corpus ISSUE that he be brought before the
court, and that he be discharged and set at
liberty.
Judge Abel issued the writ and the case
viii be tried this morning at ten o'clock.
Sixth District COurt--Suit for Damages.
A. B. Myers VS.. jackson RailrOad-In this
case petitioner represents that the jackson
Railroad is indebted to him in the sum of
$4,000.
He AYERS that on the thirteenth of Au-
gust, 1870, he took passage in the first class
cars from New York to New Orleans, and
proceeded on his trip to New Orleans, to
Canton, in the State of Mississippi, where
he took passage under the privilege given
him by his through ticket for the city of
New Orleans. He states that he proceeded
on the cars within two and a half miles this
side of Osyka, where John ManniOn, the
conductor in charge of the train, came into
the smoking car, where petitioner was
seated, with several gentlemen, and COM
planned that the seats had been deranged.
and charged Petitioner with making the
change, and abused and insulted, cursed and
threatened him.
On petitioner demonstrating with him Tor
such treatment, he, the said conductor, rang
the bell, collared petitioner, called the
brakesman, the car was stopped, and petl-
TONER forcibly and ruthlessly expelled
passed on he jumped on to the rear end OF
the last car and secreted himself in the
water closet.
As soon as the said conductor learned that
petitioner was on the car, he caused the
train to stop near the Vivian station, about
five miles this side of Osyka, at about ten
o'clock on the night of the sixteenth of Au-
gust, and there, with the aid of the EN-
plOyes of the road, laid violent hands on the
person of petitioner, cursed and abused, and
threatened to shoot him, and actually forced
him from the train, without cause or provo
cation.
Petitioner alleges that the night was dark,
and he was forced to go back to Osyka, a
distance of five miles, for shelter for the
eremander Of the night He further repre-
Hents that the next morning he took the
train at Osyka for New Orleans; that he
-stated to N. j. Fitzpatrick, the conductor,
all the wanton acts Of violence of the said
John Mannion, the previous night, and
exhibited to him his through ticket, but
notwithstanding this the said conductor
exacted and collected from him the regular
fare of 81 40 from Osyka to this city.
Petitioner AYERS that, having taken a
through ticket to New Orleans, he was en-
titled to the treatment and usage of a gen
tleman. He alleges that he had been away
from his home and family for some time,
and expected to reach his destination the
light he was expelled from the cars; that
he was in the company Of his friends and
acquaintance on the car at the time the
said John ManniOn ruthlessly laid violent
hands on him and elected him from the
train.
Petitioner AYERS that all of the outrages
spoken of were done by John ManniOn and
A. j. Fitzpatrick, conductors, and by other
employees on the road, and that the railroad
company is responsible for their acts. 1t is
averred by petitioner that by the gross and
malicious treatment which he has received
L., >f ~,
8 above set forth, he has suffered damages in
the sum Of $25, 900, for which he asks judg-
ment.
He claims trial by jury
Eighth District Court.
State ex rel. II. H. ROnine VS.. j. r. West,
Administrator of improvements OF the city
of New Orleans.-This case was set down
for argument yesterday.
The suit was brought by an application
for q mandamus to compel the admlnistra-
tor to furnish the lines and levels called for
in a certain contract, made between the re-
latOr and the Common Council of the late
City of jefferson, for Smelling certain streets
and avenues in said city.
The facts stated in the petition are, that
on the first of March, 1870, the Common
Council of the City of Jefferson. Immediately
before it was annexed to New Orleans,
passed an ordinance appointing the Mayor
them, special committee to contract, in
the name of said city, for Smelling or paving
the streets and avenues of the town, with
full power to act and bind the said City Of
Jefferson.
On the seventh of March this committee
contracted with relatOr for Smelling numer-
GUS Streets and entered into a written con-
tract before a notary public to that effect
On the fourteenth of March the Common
Council of the City of Jefferson ratified
and confirmed the contract.
On the sixteenth of March the City OF
Jefferson was consolidated with New Or
leans, and it is alleged that New Orleans
thus became liable for the contracts of the
City of jefferson, and is bound to carry out
the contract sued on.
For answer the respondent denies the va
idity of the contract sued on.
Mr.. NAPLES, on the part of the city, Oc-
cupied the time of the court until nearly
d three o'clock, and closed. This morning at
eleven o'clock the closing argument will be
delivered by K. King Cutler on the part OF
the relator.
The Washington special of the New York
Herald reports the following points
The Treasury Department to-day received
a letter from Collector Murphy, inclosing a
statement of the customs receipts Of the
port of New York for the month of August.
1870. which amounted to Sl5,7S0 SOC y. \
comparison shows this amount to be 81, 49,
1854 sc in excess of the receipts for the
month of July last But the most impor-
tant comparison is that which shows that
the receipts for the month OF August were
3, 2333,775 81 in excess Of the receipts 1cr
any month in the commercial history OF
that city.
ntcrn 70