New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-27
THE COURTS.

West.
THE COURTS.
United states Circuit Cou-t-H Hon. e. H.
Burell Presiding.
United States VS.. Distillery, etc, of W. L.
Catlin The rule taken by the United States
District Attorney for a new trial in this case
came on to be heard yesterday. and was dis
missed. This, we presume. dlsposes OF
to the government and the claimant. The
value of the property involved was from
twenty five to thirty.five thousand dollars,
of the use of which the claimant has been
deprived for nearly year. The trial was
before an intelligent jury. and occupied
three days time, every point being sharpty
contested by the District Attorney. Mr..
Morgan for the government, ana Messfs.
Case and Rouse for the claimant; but at the
close the Jury deemed Mr.. Catlin's vlndica-
tion so thorough that they returned YER
dict in his favor without argument ana
without leaving their eeats. When the mo-
ton for new trial came up yesterday, His
Honor Judge Durell promptly overruied 1t,
expressing himself as entirely satlsned WIN
the verdict of the jury.
From all we can learn OF this case, II would
seem pretty clear that it was Mr. Catlin's
aim and design to do an honest business,
and that the officers, who deemed 1t their
duty to seize and prosecute him, were I'M
nosed upon by statements which proved
totally unreliable. We must, therefore,
congratulate the claimant on the result, not
forgetting that this contest to show his In
tegrity has cost him the loss OF his capital
and time for a year, besides heavy court
charges and attorneys fees. His victory
has been by no means cheap, and the case
suggests to us that sometimes our revenue
laws operate very severely on the citizen.
When these laws are wilfully violated, we
say let the Offenders purse bleed to the last
drop. if need be, but on the other hand,
when an innocent taxpayer suffers, the gov
ernment should make good his loss.
OF course. the Collector, in this case, 0e-
signed to do only his duty; but he was de-
ceiyed, as the very sharpest official often
will be, and that ia no reason why the gov
ernment should permit citizen to be VIC
timized. Our rigid and highly penal reve'
nue. laws should, at least, provide for "falr
play"
| This new court, created by act OF the
| LEGISLATURE, of March 16, lSI0, was lormaiiy
| organized Yesterday morning in the Supreme
| Court room, with Henry G.. Dlbble as Judge
ThOmas Lynne, clerk. Joshua Corprew,
| chief deputy, James D. Houston. and that
| obliging gentleman Joseph ID. Taylor, late O
| the Sixth District Court, as minute clerk
IOuite q crowd Of spectators assembled u
| witness the inauguration OF the new court
and few minutes before eleven O'CLOCK th'
| indge ascended the bench. The court was
onpned by proclamation from Mr.. j. S. Dick
| chief deputy sheriff. The judge then swor'
| in Mr., J. D. Taylor as minute clerk, ant
| directed to be spread upon the minutes tn'
| COPY of the act of the Legislature creating
the court, the judges commission and tn
clerks appointment.
| Judge Dibble then spoke as follows:
GENTLEMEN OF THE BAR-ln entering upol
the discharge of the duties of judge of thi
| conrt. it may not be improper for me t.
remark. that l assume the functions OF al
office which came to me ulsOught and, un
| exnectedly, nevertheless l began my labor
with pleasure and sense OF pride, tor
were unworthy of the noble profession whic
I choose did l not appreciate the honor Q
this position.
While I am painfully conscious, gentle
men of the bar, that / bring to my oflc
much of inexperience, believe that hav
an earnest desire and fixed determination
to do the best can. I shall strive to keel
| constantly before me the ideal judge, b
whose reason has mastered his passions an
preiudices, and whose only desire is to b
lust between parties litigaut, without know
ing who they are, as related to MIN or ms
The court over which such Judge preside
| is surrounded Will JuulCiaA uionA'ys ~AA
| always commands respect.
The Judges in our country, and the pro
J fpssiOn. are the conservatOrs OF the law an
, order. 1t is for them to make law respected
, or to give the hint and SEQ ~ trampie
under foot.
To YOU. gentlemen of the bar, must COZ
stantly look for help to sustain the proprlt
ties of this Office. have right to eXpet
and demand at your hands constant assls
ance. If strive with all my power neVs
, to 90 astray in the law, you must neve
, seek to lead me astray; your clients have u
right to require this of you.
In conclusion, permit me to say, tnas II
receive at YOUR hands as Judge OF this cour
the same kind consideration which you hay
ever shown me as member OF the par,
shall be satisfied.
Motions being in order, Mr.. j. r. Bee
with, City Attorney, then moved that u
against the city of New Orleans, original
! fled in the Fifth District Court, be tran
q f.rred to this court, and the trial there
fixed for the sixth of April. An order
that effect was entered accordingly. -,
The Clerks Office of this court is in II
third story of the court, adjoining Il
Office of the Seventh District Court. II
court will continue to meet every mornii
in the Supreme Court room until the ci
A authorities provide a permanent locatio
t Sixth District Court.
G G.. NJ, Frost vs.. Southern Bank-In tn
case J. r. Beckwith, City Attorney, yeste
day moved to transfer the documents rela
| ing thereto. to the Eighth District Coul
4 that being the tribunal provided by law i
. the trial of INJUNCTION cases, Judge Cool
replied, Il refuse the motion-my reaso
e will be given on Monday; and when a
8 done with that Eighth District Court bi
there will be very little left of either judg
= clerk or Jurisdiction"
}. Hope Hook and Ladder Company No
and Mechanics Engine Company No. "
soon make trip to the North, and COZ
mittee of members, specially named, b
been designated to solicit and receive
nations to assist them in that trip. Wei
II fer our readers to the card of the membe
r forming the committee, and do not dou
}. that they will be liberal in their donasio
: to these worthy representatives of the N
e Orleans Fire Department, so that they m
/. be enabled to exhibit themselves to the D'
;, advantage in their triumphal trip to