New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-22

vested in him BY the LAWS u tnoy 1850 ~
In the paperS before me porceavo me
most striking irregularities anu positive ~
The two suits complained Of, entitled re-
spectiyciy, civilian johnson VS.. Captain
Iemmon." and Henry Kerner VS.. Captain
lennon" are both instituted, as the cita-
tions show. ON the second November, in
slant. and were served on the same day.
It seems that, within the legal delay for an
swering, exceptions and an answer were
fled by the defendant.
The testimony teaches me that the excep-
tons were with inordinate haste set for
trial on the fifth. What the judgment was
ON the exceptions is not displayed to me by
the evidence. The case was continued to
be tried on the eighth instant, at two
O'Clock p. NJ. and notice Of trial served
upon Captain Lennon, and fled IN evl-
dence on the trial OF this cause, snow
that fact. The parties were also pres
ent on that day and date, and from the
witnesses, the trial was put OH until
Wednesday, the ninth instant, at two o'cfbck
2. NJ. On Wednesday the parties were
present at the appointed hour, but the ooun-
sci for the defendant being absent, further
delay of one hour was asked and granted
for the purpose of Lemons bringing IN
his counsel.
The defendant had witnesses to exam ne.
who had been summoned and who were III
attendance at the time.
1t seems from the evidence that, as Lem
mon left the courtroom, he remarked that
If he did not return in an honr's time, the
case might go by default, or words to that
effect: but no sooner had Lennon gone
than the Justice Of the Peace pulled from
his pocket % Judgment in writing, which he
pronounced, as then read, to be his Judg-
ment against LemmOn-the Judgment Is an
oddity and q fraud upon its face. In order
TO make rood his illegal seizure Of the
steamboat in question, the title Of the suit
is altered: it is really q different case from
the one originally instituted before his
court.
This Judgment was rendered. and signed.
40 it saws. on the fifth Of November tthe
Judgment was never signed). The Judgment
saws, several witnesses were sworn, !"
when the evidence teaches me that not one
was sworn upon the day of trial. 1t further
saws: "after explanation of counsel" when
there was no counsel present. The judg
ment is rendered against Captain hemmon
and owners of the steamboat, who were
never sued, and who were never made a
party to the suit, and who, when che did
assert her rights Of ownership, was denied
the privilege accorded by law to assert the
same. either to bond the boat pretended
nifty to cover q loss that che might sustain
from an illegal seizure. l find the date OF
this Judgment to be the fifth of November,
an anomaly l can not understand. 1t was
evidently written up without hearing the
testimony, and was to have been rendered
on the fifth of November.
Iconsider from the lights before me that
this case was prejudged, and that the Juds-
ment, as read, is in utter denial OF 1usuce,
1t. Al <1ofa Ion kaI mn
accorded to him before that court. Beside,
everything has been done in a. loose, dis
orderly manner, and with culpable disre-
gard to the practice and prophecies apper,
tanning to court Of justice. II judicial
fuuctiOnary is ignorant of the forms and
requirements OF law and justice. we might
at least expect that he would act according
to good common sense.
For these reasons, and the law and the
evidence adduced upon the trial Of this case
being in favor of relatrlx, Kate HutehlnS.
wife of N. j. Lennon, and against the de-
PENDANTS.
1t is ordered that the nlandanus now
sued out De made perpetual. That the
steamboat Illegally seized and attempted to
be held be at once released. The acts and
,loings in the suits before said court, in
which Captain Lennon is defendant, are
irregular and unauthorized by law, and
slIHOuUU 10 Va .,eoNiSC ~ NV Pss4 w.
concerned, and the pretended Judgment is a
nullity.
1t is further ordered that said Justice OF
the Peace, E. A. Hubeau, and said Constable
j. II. Laizer, be and are hereby ordered to
proceed in said suits aecordingto law.
1t is further ordered that the defendants
be condemned in soido to pay all costs OF
this suit.
1t was related to Us yesterday that thi:
Hubeau, Fourth Justice Of the Peace, parish
of jefferson, once lost goose by which he
set great store. That bird was an extracr-
binary one, and knew enough to go into
the water without being told to. A double
breasted search warrant was issued-tht
documents being made and sent forth py
himself. Two small children were pouneed
on as the culprits. They were arraigned
before the interested party, who was abou
to try them for larceny when something
stepped in to prevent. Members OF eul
Legislature will not lose sight OF tho inter
ests of their constituents when they lool
into the laws, or absence CT laws, that
govern courts over which preside justices
of the Peace.