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

I @. And he retained it, and did no. re-
A. I never obtained any license from
Captain Francis.
I O. Did or not Captain Francis return
receipt from the collector stating that ne
had no licenses?
| A. would rather explain this. Captain
West, lawyer in Houma, suggested to
me, on Captain Francis leaving my office,
| that I had better not trust him; told
| Captain West, 81 see no reason why not to
trust him; he was always very friendly
| with me-" The suggestion, how.
ever, made me distrast him, and
upon the heel of his going out
| | went to the Collector and asked him if
! Captain Francis had made any arrange
ment about paying for the license. The
| Collector told me that Captain Francis
had spoken to him, but had paid him no
money. Says l, to the Collector, if he
does not, within certain time, let me
know it, and will pay it myself. When
the time arrived I then went again to Mr..
Payan, and he told me that no money had
| been paid by Captain Francis for me.
then paid thirty dollars for license, or
paid his deputy; and his deputy told me,
that as they had no licenses, that they
would give me receipt which would an
swer in place of license before the Dis
trict Court Mr.. Pagan was then about
| going to the city; he knew that the Dis
trict Court would meet before his return.
He took this receipt in his pocket,
"a he told me afterwards, in the
| presence of Captain Francis and others.
| At the suggestion Of his deputy clerk
| (Beauregard) Pagan had put the docu-
ment in his pocket when he started to
| leave: but, when out of town, as he told
| me afterwards, or as he told Captain Francis
| in The presence Of humber OF persons,
as be was getting out of town, he remem-
| bered that he would not see me before the
| court would open. and as Captain Francis
| was the last house, he found it convenient
| to call OF Captain Francis to send me the
receipt by him.
| @. want to know whether Captain
| Francis did or did not give you receipt
| from the collector?
| A. He gave me the receipt which Mr.
Pagan sent to me by him as bearer.
| Q. When was this transaction?
| A. In October, 1863.
| @. Last October?
| A. Yes, sir.
| @. Now, you just statedsthat before
that transaction you regarded Captain
| Francis as friend, and a truthful man
A. did, but the suggestion OF Captain
| West was what made me distrust him.
Re-examined by counsel for respondent:
@. What is Captain Francis official
position?
A. He is clerk of court.
@. What court?
A. Both courts; and he Is Postmaster
and Justice of the Peace.
Cross examined:
| Q. Why did you notattend to this busi--
ness yourself?
| A. Because Captain Francis offered to
do it.
Q. Were you not competent to attend to
it yourself?
A. Yes, but supposed he had more in
fuence than I bad, as he was clerk of court.
Q. Do you consider it correct to obtain
the anti-date of license?
| A. I did, under the circumstances.
@. But you thought'yo had not the in
luence to get it?
| A. l thought I could not do it because
had no influence.
O. You are q lawyer?
| A. Yes.
9. Do you know the law in regard to
this?
A. Yes, but did not, at the time.
| TESTIMONY OF j. B. HOWARD.
| J. B. Howard a witness for the defense,
was called, and duly sworn by the Secre-
tary.
Examination in chief by counsel for re-
spondent:
Question. Mr.. Howard, you are the gen.
eral assignee of J. C. Kaufman, to obtain a
mandamus in the Sixth District Court
against Mr.. Wickliffe?
| Answer. l am.
@. Did you make any demand on Wick
life before you filed the mandamus?
A. Repeatedly. will tell you how it
is: think it was in April, 1868, that Mr.,
Kaufman first spoke to me about his
claim. Mr.. Kathman had shown me some
favors when was running for the Office OF
Alderman of the Second District; he
showed me this claim, and l spoke to Mr..
Wickliffe about it, and also to several at.
torneys i'll the city. / determined that it
was a good claim, and called and asked
Mr.. Wickliffe to draw the warrant; he re-
fused to do so, and conversed with him
repeatedly about the merits of the case,
and advised him that under the unques-
tionable powers given him under the act Of
1856, he had the right, and it was his
duty, to issue these warrants. I endeav-
ored to show him, as l had ascertaiued
from the written protest of Mr.. Kath
man. and his statement to me, that
t tfr. Kaufman never received this money,
that it had been thwarted for other pur-
poses, and given TO other persons, not
named in the appropriation, and that the
law had never been,satisfed. l do not re-
member what Mr.. Wickliffe's statements
were, but they were to this effect: that he
could not issue the warrants unless the
courts compelled him to do so. l con-
versed with him about it, and he refused.
This, ] think, was some time in June,
1869. I then brought suit in the Fourth
District Court for Mr. Kaufman, by way of
rule, and obtained ju igment. At that
time, when [ obtained the Judgment in the
Fourth District Court, Mir. Kathman
assigned the claim to me; / purchased it
from him. I have his bill Of sale and
transfer also. Shortly after, or about the
same time, Mr. Wickliffe went into the
Fourth District Court, and asked for a
new trial. met Judge Theard, and he
mentioned the matter to me, and told
Judge Theard to let the case be reopened,
being satisfied that I would get judgment
then saw Mr.. Kaufman, and I spoke to
him about it. The claim had already been
assigned to me, and passed out Of his
hands. l concluded to let the matter go
on in the Fourth District Court, believing
that judgment in Kathman's favor there
! wou,d satisfy Mr. Wickliffa althouoh, the