New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-17
THE COURTS.
Eighth District Court.

AA8mtM DIStEACI OOuTts
H. P. Wameyer vs.. Franz Herman.-In
this case it appears that the plaintiff en-
plOyed defendant as foreman of his vinegar
factory, and wished to discharge him ON an
accusation of getting prOmiscuously drunk
and running the machine loosely. Defend
ant refused to be discharged, and threatened
blood and murder if his employer should
insist on his taking his departure.
Plaintiff asks the writ of injunction, pro-
hibiting defendant from coming about the
premises, situated on Burgundy street, and
also claims Of him $l25 damages and SIS
attorneys fees.
Mary Meran VS.. James Read, her hus-
band.-This is suit for the severance of
the silken bonds of matrimOny, on account
OF drunkenness, cruel treatment, ETC., on
the part of the husband.
State ex rel. H. S. Williams VS.. Board of
Metropolitan POlice.-In this case, relatOrs
have filed petition showing that by de-
cree of the Second District Court of the
parish of Orleans, dated May IL, 1870, they
have been recognized as the only surviving
heirs of Thomas Williams, deceased, late a
corporal Of the Metropolitan Police force,
and as such have been put in possession Of
his estate.
Petitioners aver that for the fiscal year,
extending from the first of October, 1861 to
the third of September, 1869, warrants to
the amount of $1,000 were issued by the
Board of Metropolitan Police to the said
deceased, upon which amount the petition
ers are entitled, as heirs, to all the benefits
of the act passed by the Legislature Of 1870,
which authorized and directed the said
Board of Police to pay in warrants to the
officers and members of the said police
thirty per cent on each warrant issued to
said officers and members of said police for
the fiscal year 1863, for the purpose of pay
ing said police the discount lost on their
warrants.
And moreover, petitioners aver that in
conformity with the act of the Legislature
herein referred to, said Board of Police have
caused to be duly drawn and signed, in
favor of the deceased, Thomas Williams,
two several warrants for the amount of the
thirty per cent due as aforesaid. Said war
rants, amounting to the sum Of 1884 IS, are
alleged to be retained in the possession of
C. ID. Ludecke, clerk of the Board of Metro
politan Police. and are by him wrongfully
withheld from petitioners under instructions
from the Police Board.
Petitioners ask mandamus ordering the
Board Of Police to pay over the sum claimed
Judge Dibble issued the alternative order
as prayed for, returnable on Monday, the
eighteenth of July.
/ State ex rel. F. C.. Mahan VS.. Antoine Du-
buclet, State Treasurer.-In this case rela-
tor shows that, acting in his capacity of
State Tax Collector of the First District of
the city of New Orleans, he has received at
various times certain cash warrants,
amounting in the aggregate to Sl4,497 66.
All these warrants were drawn in the name
of the State of Louisiana issued from the
office of the State Auditor, and by him
signed &c. NJ. Wickliffe;" were directed to
the Treasurer of the State, were in due and
proper form, and as alleged were such war
rants as the relatOr was required to receive.
Said warrants were indorsed by the par
ties paying the same to relator, and imme
diately after being by him received, were
stamped with the seal of his Office and the
fact that they had been taken for taxes in
dOrsed on each.
Relator alleges that, in accordance with
his custom, he deposited all the said war
rants in place Of security; that he has in
his Office both strong boxes and safes,
wherein they were put: that within short
time after their receipt relator enclosed
them in his bank box and deposited them
in bank. That they were included together
with other warrants, in package OF
100000 for the purpose of turning over the
whole to the State Treasurer; that because
the said package contained in part certain
warrants known as the 'Kathman war
rants" and several others of an objection
able nature in the eyes of Antoine Dubuclet,
State Treasurer, your relatOrs failed to OBJ
tain his (said treasurers) acceptance
| of the package in the settlements
had between them in accordance with the
law. though at several such times
| by relatOr rendered. That after every such
| refusal, relator still continued to observe
great vigilance in the safe keeping of the
| warrants herein first described he neglected
| no proper precaution for their security, and
did everything which could be expected
| from his watchfulness and care. He con-
| tinued to keep the said warrants in his box
| in bank, and only withdrew said box when
| it became necessary for him to examine its
contents. He had been cautious in select
| ing his employees and observed the prudence
| usual in engaging his clerks he entrusted
| the keeping of his safe box to no one, and
| gave access to his safes with great care only
| to that clerk whose character he had every
reason to believe good, after such inquiry as
would suffice to satisfy prudent person.
That until February, 1870, the said pack
| age, containing the warrants first described,
| was complete and untouched. That when
tardily and finally during the month OF
March, 1870 the Treasurer, said Dubuclet
| consented to receive from relatOr the said
| package with the "Kathman' and other
warrants, he, relator, found, upon examin
ing said package, that it had been tampered
with, and the said warrants, amounting to
Sl4.49I o. aDStfacteu ana StOlen. WltnOul
delay the theft was advertised in the RE
PUBLICAN newspaper, and an inquiry and
search commenced, which, until now, has
availed nothing.
And now relator submits that he has de
sired and requested the said Antoine Du
buclet, State Treasurer, to give him credit
| in his settlement for said warrants, and to
receipt to him for the said sum of $14,
497 &c, but he has obtained no such credit
nor been given such receipt by the said
Dubuclet That the loss Of the warrants,
without the fault and neglect of relator
should not be visited upon him, and thai
the refusal of said Dubuclet imposes on re
lator the whole lOss and as he is about to
have another settlement with the said
Treasurer. he is entitled to have himself
credited with the amount of said abstracteC
| warrants.
Relator asks mandamus ordering the
Treasurer to comply with his demand, by
giving him credit for the amount of the miss
ing warrants. Judge Dibble issued thu
alternative writ returnable on Monday
! the eighteenth instant.
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