New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-06
THE WEEKLY RERIJBLICAN
THE COURTS.
EfGhaaa District Court.


ID. S. Hunsacker, praying for a writ of ka-
beas corpus. %. S. Hunsacker, who was
supervisor of the elections at Donaldson
vile, in the parish of St. James, and who
vas arrested for violating the election lave,
yesterday fled q petition to the following
effect:
That he is now imprisoned and restrained
Of bis liberty by one OMaher, styling him
self o deputy sheriff of the parish of As
cension. who claims to be acting under au-
thority and by direction Of Morris Marks,
styling himself parish judge Of the parish of
Ascension. Prisoner AYERS that such i'm
pris0nment is illegal, for this, to-wit: that
said O'Maber had no legal authority to ar
rest HIM in the parish Of Orleans; that said
Marks had no authority to issue the war
rant, he not being judge Of the parish of
Ascension. a.
Petitioner AYERS that the warrant is ille-
gal and void, and that it could not be exc
cuted by an officer from the parish Of As
censiOn.
Petitioner further represents that he is
now in confinement and imprisonment, by
the command and direction Of said O'Maher,
in the Fourth District stationhOuse, in
charge Of the police force. He states that
he demanded a copy of the commitment
and it has been refused.
He asked writ of habeas corpus, which
was granted by Judge Dibble, returnable
yesterday at ten o'clock. At the appointed
hour the case came up. X. H. Mari, Of
counsel for O'Maher, filed an answer show
ing that he had: arrested Hunsacker, took
him to the Fourth District lookup, where
the prisoner had been released on bail, and
he (O'Mahert was therefore unable to pro-
duce the body of the petitioner.
officer OMaher being present IN court,
then arose and produced the person Of Hun
sacker,
The counsel for the prisoner offered in
evidence the commission of r. X. Smith as
judge OF the parish court of Ascension.
After some further testimony the further
c0nsideration'of the matter was postponed
until this morning at ten O'clock.
Sauvinet vs.. Maxwell.-In this case de-
PENDANT filed an answer avering that he has
retained none of the effects belonging to the
sheriff-s Office, and has only retained what
belonged to him personally.
Mr.. Maxwell was put on the stand. He
said he had made all necessary arrange
into the hands Of his successor, and he was
now in actual possession.
Counsc! for the new sheriff asked Mr..
Maxwell what moneys he had collected as
sheriff, and what sums he had drawn from
bank since he went out of Office. These
questions Mr.. Maxwell declined to answer,
as these matters appertained to his own
private Business.
Judge Dibble said: This injunction was
intended to compel Mr.. Maxwell to turn
over to the incoming Sheriff all the effects
alleged Mr.. Maxwell had taken from the
office, belonged to the Office, and Mr.. Max
: well must turn them over. Counsel for Mr..
MAXWELL expressed their willingness to turn
them over.
Ii plaintiff can show that Mr. Maxwell
has not turned over the effects, he can be
compelled to do SO.
Counsel for the incoming Sheriff said that
Mr.. Maxwell had refused to turn over GER
tain papers, and it was a matter of public
scandal.
Andrew Hero, official notary, testified shat
Nj. Maxwell refused to deliver to him under
the order Of this court, the KEYS of the two
safes in the Sheriffs Office, which he wished
to open in order to make an inventory. Mr..
Maxwell said he might blow the safes open,
but could not have the keys.
Mr.. Sauvinet on the stand, said he had
not received the keys of the warehouse sup
posed to contain property in charge of the
Sheritf's office.
Mr.. Fillenl on the stand, said that he
made demand for the effects of the office,
and examined the Office himself, to ascer-
tain what property was there. The first
thing he ascertained was that the dockets
Of the different courts were missing. They
were brought back by Mr.. Dick, and were
in the Office next morning.
Mr.. Dick, the chief Deputy, then turned
over to him certain documents. He then
asked Mr.. Hero to take an inventory of the
contents of the two iron safes. MI. Hero
requested Mr.. Maxwell to deliver the keys,
and he said he would be id if he would.
and they might blow the safes to pieces.
He was told by the cashier of one of the
banks that Mr. Maxwell had drawn $34. 600.
Judge Dibble said he would postpone the
rule for contempt until Wednesday morn
ing, SO as to give Mr.. Maxwell time to pre-
nare his answer.