New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-20
THE COURTS.
Vynited states CIR cult. Court udge Dn
rell p esIdsDgs

sons, viz: Frank d. Paola, " vlhcehs' 'oS
Salvo, alias Leon. Oreste Casablancs anu
Nicholas Dalleole. They were all arIalSnsa
and pleaded not guilty. Dalleole sald ne
was not able to employ counsel and Judge |
Durell appointed z. C. Billings, Esq. TO oe-
fend him.
sixth District Court
City Of Ne7e Orleans rs. j. Nouns co.
In this case plaintiff claims the amount OF |
two notes of $1,000 each, due and UNPAID, |
which were given in part consideration OF |
ferry privileges. l. r. Beckwith OF counsei. |
Seventh District Court.
William 3. Koontz uS. Louisiana Petro- |
leuna and Coal on Compdny.-ln TINS sun
plaintiff alleges that the defendants are H.
del ted to him in the sum of $4,000, Tor ser.
vices rendered as attorney and counselor at
law, from the first of June, 1866, contlnu-
ousy I'D to the first of June, 1869.
Petitioner alleges that on or abont the
frs. of June, 1866 he was elected attorney
of said corporation by the board OF direct
ors for one year, ana was re-eieGteu oH ICES sno
first of June. 1867 and first of June, 1900.
Petitioner alleges that he discharged ali the
duties required Of him as attorney during
the period aforesaid, and that his eervices
were well worth the sum of $4,000 aforesaid:
Petitioner further alleges that on or ABOUT
the thirtieth of June, 1869, said corporation
and the board OF directors recognized anu
plaintiff had rendered services as aforesaid,
and that said services were worth. and sag
corporation agreed to pay, the sum OF szovo
per annum during the time above stated.
Thomas & Woodbridge, of counsel.
Sixth District Court.
Mrs. Blanche E.le1nadn, rlfe Of Jdn,ss a.
Arnold. Us. Mrs. Caroline NJ. Berndrd.-
THIS is a suit brought against the directress
of the Richings English Opera Company,
Mrs. Bernard, by Mrs. Arnold, who claims
| that in May last she entered into contract
with one Pennoyer, agent of Mrs. Bernard.
| in London, agreeing to take the position IN
| said company of assistant prima donna, at d
salary of seventy dollars per week and traV-
| cling expenses, for eight months, from sep
| tember 13, 1869; that she came to the United
States to fulfill the engagement. but that
| Mrs, Bernard has refused to permit her to
| carry out the terms of the contract, and de-
clines to pay her the salary stipulated, and
| the travelling expenses incurred by accom-
| papying the troupe during the season. Mrs.
Arnold claims something like Sl700 as due
| her under the aforesaid contract, and has
attached the receipts of the Varieties Theatre
10 secure payment thereon. whitaker q
McBeth for plaintiff.
| Liability Of Owners under n Charter
| Party.
Judge Cooley, of the Sixth District Court,
has rendered decision, substantially as
follows:
Auo. Bohn cs. British Steamship Robert
Lo,oe.-This suit was brought to recover
damages for non COM mpllance With the terms
of charter party. The defendant entered
into q contract by which he bound himself
to have the steamship Robert Lowe ready
by a day named to receive freight at New
Orleans. The ship did not arrive. A ma.
terial decline took place in the value OF
freirhts after the chip should have been IN
port, and the plaintiff claims the dlnerence
between the value OF freight which he con-
tracted to pay, and the amount which he
he could have received had the ship arrived
on the day stipulated.
There was Judgment in favor of plaintiff
for that difference, and defendant moved tor
a new trial. The ground argued for new
trial is that the court erred In refusing to
receive evidence to show that the cause
| of the non-arrival Of the vessel was the ACT
of God-an uncomfortable event. In pass
lug upon the inadmisEability of the evidence
, took the ground that in contracts of tht
character of that which forms the subject
this litigation, the act OF God, which is ;
good defense in relation to other species
t contracts and which, without being insertet
in the contract itself the law supplies, is no
; a defense to the action in this case. In sucl
1 cases as this, where the party lets yesse
, and agrees and binds himself that she shai
be at certain port on certain day, h
takes all the risk, and must be considered IL
4 the light Of an insurer: The very
nature of the business, navigation OF tn
seas. implies that risk. 1t would b.
| ridiculous to relieve man from respOnsi
u biiity on account of the act of God or o
e such unaccountable events as result from
|. the act of God, when it is of the very nature
| of the business which he carries on, ant
which is the object of the contract to over
s come and prevent the operation of sncl
| 10 of #
a that the mariner Obliges himself by his skill
and by his prudence to overcome these YER
y causes which are generally considered IN
[. comfortable events, and being the act G
God, are generally sufficient to reliev
| parties from responsibility in ordinary con
tracts. Motion fOr q new trial overruleo
i d. c. Labatt, attorney for Plaintiff.
20 Jefferson Parish.
il Yesterday morning, Judge w. j. Scott
s. the newly appointed Parish Judge of Jeffel
It son Parish, took his seat. The DisiriC
> Judge administered the oath of office, whe
Judge Scott spoke as follows:
'e Iregard this occasion as one OF import
n ance; important to myself and important
e the public. In taking this position, q
: Judge of your parish, have to express N
=, feelings touching my ineficiency, and th
III shrinking timidity that experience rs
my ability to control and master the dutit
it Charged with, and assuming, the hig
< responsibilities Of a trust reposed in me b
20 the executive of the State, have to ask
10 the hands of my friends, OF suitors, of lit
" gants, and of attorneys practiciDg in th
court, that foroearance and good discrt
ton that / shall endeavor to merit, al
which l. in my turn, will most certain
ts accord TO them. in our mutual fraiities.
will be my pride, as, indeed, it will be n
pleasure, to render perfect satisfaction to
% parties, il that were possible.
" My intention is to be severe in the a.
as ministration and conduct of the procee
IN ings Of this court in its varied ramlficatior
a. but / intend to be as severely just al
e. proper in that administration, prompted
e. all the enlightment and wisdom of which
T. am poorly possessed.
y: If give satisfaction as an officer I shs
OF be proud; if fail of giving satisfaction
'n shall deplore it more than my friends W
w deplore 1t. In the exercise Of the duti
id appertaining to this most responsible offiC
ID diverse and varied in their character, W
as have to regard the laws as the laws exii
lh AS an officer of the law know no distin
~ ton arising from race OR color. The Ia
ne makes none. The Office I hold is a create
OF OF the organic law Of the State.
le / shall interpret and apply the law, to Il
au best of my ability, in sill cases as 1t is c
ne signed. ! shall be fearless, as, indeed
Oh have always attempted to be, in the d
eA charge of these untried duties.
ng This court recognizes no distinction, CT
he lily or criminally. in the condition OF
actors or the acted upon. This court rect
nizes that a murder perpetrated in CT
To- blood is murder, and nothing less. be t.
o victim high or low, rich or poor.
oliunpa and NJ 4