New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-28
ILLUSTRIOUS RAILROAD TRESPASSERS.
Beauregards Commands Disobeyed'
McCemb Called COnspirator.
Prompt Action by Judge Houghton'

At noon yesterday the case of Beauregsrd
and others against McComb and others Tor
trespass and disturbing the peace, was taken
up by Recorder Houghton, but only COM
plainant, Williamson Smith, was present.
Messrs. Hays and New for the defense, re-
fused to permit an examination until Gen.
'eral Beauregard should appear in person.
Mr.. Freeman, for prosecution, could not un-
derstand that the Generals presence was IN
the least necessary.
The court, on request of defense, issued an
attachment. By agreement it was arranged
TO examine one of the accused at time,
when Mr. McComb was arraigne1. William
son Smith was the first witness, and proved
to be better for the defense than for the
prosecution.
Counsel for Beauregard was extremely
anxious to effect postponement, and talked
we'll to gain the point. but as no real reason
was shown why further continuance was
necessary, Judge Houghton concluded to go
into an examination. The room was packed
with the friends of both sides.
Williamson Smith was in the Railroad
Office. Camp street, on the twentY-hfth ln-
slant. was there as q Director OF the jack
son Railroad Company; go often there as
director; that building is the domicil OF the
company; have been director i've years;
General Beauregard Is the President;
Joseph Howell and Mr. Gubernator at one
time represented the city's stock IN the
directory: can not remember names of other
directors; Mississippi and foreign stock
holders were represented also: there are
twenty.seyen members in the directory, all
told: was in the office of the Jackson Rall-
road Company on the twenty fifth, when Mr..
McComb entered; he said ne intended
holding an election; he was not alone;
said to him that he was treating me unjust.
" in coming there as he did, McComb said
that the iniunctions would be dissolved
soon: McComb said he was going to hold an
election: he seemed to be In command OF
the men with him; did not approve OF his
action: there had been no notice of election
| by Beauregard and myself.
Cross-examined-The meeting was IN the
stockholders room; accused did not create
sny unusual noise; Beauregafd ordered Nc.
Comb and party to leave; l protested
against McComb's action.
| General Hays asked that unless Beau
regard appear as prosecutor the case should
be dismissed. General Freeman said that
Beauregard would soon appear.
| Mr.. Florence-Has been a director OF the
| road for years; no notice was given lot an
| election of directors we had been enJolned
by McComb from holding an election; there
| were twelve or fourteen persons with
McComb at the time he visited the office on
the twenty-ifth; Beauregard told McComb
to leave the room; this he did five or more
times; McComb continued and appointed
election commissioners; McComb and Mayor
Flanders ballotted; McComb acted as chair
man: left the room when Beauregard made
his protest, aud ordered the men out OF the
house as intruders and trespassers; saw nc
one with weapons; the party dehed Beau
regard. and asserted that they intended
holding an election; Beauregard and myself
could not have, by force, elected McCemr
| and his army. ~,
Mr.. Henderson-Am Director OF thu
Jackson railroad; represent stockholders II
| Louisiana; the city and State are repre-
sented in the Board; was in the company
Office when Mr.. McComo entered tnert
| were other persons there, and they appeared
| TO be with him; these men are not employee
of the company; McComb told Beauregar'
that he intended holding an election; the.
defied Beauregard; McComb was inditferen
to Beauregard Beauregard spoke 50 lou'
that thought he was commanding Da1
talon.
General Hays here stated, in response t
q technical objection made by prosecution
that the regular election day was the eigh
teenth. but as there was no election on tina
day, the charter states that after an elaps
of one week there should be an electlon-o
twenty.ffth, the day in question.
General Beauregard-Was President Q
the jackson Railroad Company on tn
: twenty fifth; have been for six years, was
nv office on the twenty fifth; was IN the fu
; | endowment of the office when McComb en-
tered at two O'Clock McComb came into m
office and informed me that he had come
= hold an election, according to law; referre
him to an attorney immediately; afterWar
heard voices in an adjoining room; aske
McComb what he was doing; he said ne wa
holding an election for directors; oroere
them to retire; they refused, but continue
to ballot: 7 avoided using force for fear pee
nle abroad would think that Loulslan
needed reconstruction again; then pr
| ceeded to make formal charge agalns
= them, and caused their arrest.
Witness here went into an unlnterestln
> history, not pertinent to the suit.
Cross-examined-Gener Stark said, o
was there as a representative for the Cover
| nor of Mississippi, to cast votes; the par
6 committed no act of violence, but they wei
4 defiant in manner toward me; they did NJ
disperse when I ordered them to.
A witness from Mississippi, began
testimony by speaking Of many TRANSACTION
which took place long time previous
!, the twenty fifth, and not in the least pes
ing on the disturbances charged. He spoil
!, of what we're his ideas, and what Govern
. Alcorn thought the law WAS, concernlr
Mississippis interest in the Jackson Kallro'
/. Company, and other things.
, Recorder Hougnton listened to this unit
, his patience was exhausted, when he l
4 formed the prosecution that he would adm
almost ANYTHING outside the charges ma
in the affidavit. All that was desired W
to finish the case. The prosecution stat
that McComb was or had been instigahne
, conspiracy, and continued to pump Witne
:; shout foreign items, whereupon the X
corder dismissed the case, as thus far
~ testimony had been produced to show tt
- breach of the peace had been Commute
All the accused were discharged.
Mr. Freeman and Recorder Hought
70 then entered into an irregular contrevei
On the subject, the Judge standing ABOUT
n. Ieayesthe bench. After a short sparrll
match of words, in which the Kecorc
seemed to be winner. the attorney from ID
ID sissippi quite emphatically expressed his q
IN gust at the manner Of conducting such ca
IL Louisiana.
n The Boston Journal says: "a wide
v. who has followed. successfully three
It, bands to the grave, entered a Wen.sno sl !.