The Opelousas courier., 1870-04-16

by the statute. Mr.. lu.~pcth refused to com
ply with my request. on the ground that h" had
been 'nrl"Hc'l hN Dr. Brooks t" represent him
in he proceedings referred t" above. then re-
qncs,td Thomas III. Lewis. Esq, the District
Attorney pro trD1., :" institute the necessary
prncerdirss; but this gentleman also refused to
do so
Pending these proceedings DR. Brooks died.
and DIR. James NJ. Thompson appointed hv
the Governor to till he vacancy created by his
death. again applied I" tn" District A't"i"'v
I" institute the proceedings prescribed tr L,ic
act aforesaid against Dr. Thompson. and on his
refusal to do called on Mr.. Lewis, District
Attorney rV fru.. to "iir te and be too refused
! to comply. was compelled to proceed myself,
without them. in the action. The carse wHs
tried at the spring term of the District Court.
and the trial resulted i'll a judgment recognizing
DR.. Thompson a. the Sheriff | appealed to tLe
Supreme Cnurt from this decision. and at the
term of that Court held at omi"usas IN Sep
tclnhrr, 1869. the Judgment OF the ln"er Court.
recognizing Col. Thompson rs Sheriff was avoid
ed and nnnulcd aud the suit dismissed on he
ground that il had not been property brought.
the DssrVct Attorney not having appeared
therein, ~ party plaintiff with me. Inns
not my fault. nor that OF Iny attorneys. i!
had ttnnr all that could to have the proceed
in,s rniGutt,h in the form prescribed by the
act hplare ltlonrd.
But in the meantime. however, and pending
these proceedings. the Supreme Court i'll July
of the >une year. had at Monroe dc"i'rd. III
the case nf rhe State of Louisiana eX rel. X. T..
Donn"s vs.. F. Is. Tonne. the provisions Of the
act of the I.-gi> stature under which l had been
removed from office and Dr.. Tlumps"u appoint
ed +" fill The vacancy thu. created, to he unton-
stitutinnal. THIS was finally settling he pri'-
ciple OF law involved in my case. and settling IT
in my favor. Col. Thompson, however, cont ILL.,
uing to hold the office and to perform the tunc-
ton. thcrtotl nntwit h>tauding the decision Of
the Court reversing Judge Iorter'S Judgment
and s,st aining i'll the case OF Dounes Fs. loune.
the position assumed by nlT attorneys in my
case. was compcllc, again to apply to the Dis
trict Attorney. in order to have the provisions
of the intrusion act enforced against that gen
tleman; aud his time he complied and instltn-
ted suit in due form against l,r. thompson. lhe
case tried 10y the late Judge Porter on the
l4th day oz Derrinhcr last and at the conclusion
ct the trial Judge Porter. recognizing the a'l-
thority OF the decision in the case OF D"nrs rs.
lnune. rendered judgment In my 1aEor recog-
nzing me as the true and lawful Sheriff of the
Parish of st. Landry" Or. Thompson appealed
from this lud ment and the appeal war made
returrable At New Orleans IN Or before the l'tl
of January, 1870 Iii the meantime, the Parish
Judge held a session of his Court, and on the
frs1 day Of the term. at the opening of the
Court, rrre'gnizrd me as the lawful sheriff ct
the parrish immediately alter tins formal re-,
. cognifon by the Parish Judge, of my official
raparity. / entered nl,"n the discharge OF my
oi;i.'i.i ,'ntes-"l"nng and adi"nrnlng Court
| S'rri, ll're-s when placed in my hands, and
e.rruslI;; all or'ers of Court TO me directed.
pI"t:..,i,..i I" the Parish prison and 'ltlnannd.
rs Sheriff, from DIR. Tt"nps"n> deputy ;ui'i
.jailor. til" keys thereof This demand was made
peArenhy and without any demonstration "1
force Or violence. aud it was Is l"itccahly nc
c",t,sl to. the ailor delivering UP 10 me quietly
the keys rnd possession of the jail. ! did not
r,.iilnv+ him but left him, my deputy. III
f charge OF the prison; but whilst / was in at
ter,lalrr pu the Parish Court. occupied i'll the
dis :. of my official duties. Cot. Thompson
ttrputi.'~ t"nk l@srssion of the Jail. broke and
removed the locks from, the do.'rS thereof. and
, with arn.tt men st tati"ned about the premises
held iorrihr possession "t the same up t" the
:}th OF December, when it was given mp r" Hic
~ stahai in the circular ahave referred to.
, Previous to that time, however. had. in 3
prAceal,ie manner, demanded possession of the
prison. which was pere'nPtoriiy refused me
Y This il full and correct history Of uN thu
p events connected with the contest between toi
Thompson and myself III regard to the office o
Sheriff of 81. Landry. The statement Of fact
h herein made by me can be fully suhstantiatet
). by documentary evidence on file in both thu
i, district and supreme Courts, and by the testi
" nony OF men worthy Of the highest degree u
o credit.
y now leave it to the good people Of this par
. ish, after taking cognizance of this statement
to conclude who first ''intrtalucet the elelnen
: Of force and violence into our politics. : VIII
e first resorted to force to get possession OF fh
y parish prison; and who did act~aNy take ant
hold p.,ssessiOn thereof by force amt arms.
= 1t was certainly not /.
= LII Citizen" had considered this whole matte
g in the spirit and humor of AN impartial chronl
cIsr bf passing events, or of an impartial com
mentatOr on those events. he would have re
+ framed from visiting upon the responsibility
a for the disturbances" which he 40 mnrh cor
denns, and which no one regrets more than
Neither would he have permitted himself I
o make the very extraordinary assertion that 18th
:. parish was under cow" by me. If Col ThomT
= sons friends and advisers were anxious to ave"
a any disturbance OF the peace, why did his del,u
!. ties take'and keep by force, possession OF tn
- Jail, after had obtained in quiet ana peace
~ ahl la fharpnft
:, II they entertained that high regar,l and pre-
" found respect for the law and ier the will of til
/. people that they expect from others. why wa
a not peaceabie possession of the office with whir
"a "a the people had by decided majority, entrnsfe
- me, given up to me again, after all the Courts
"a Parish. District, and Supremr-had decide
70 that in law and Justice was entitled ot; tlH
= had been unawtully removed from office an
~ my successor unawfully appointed to the same
, Now TO recapitulate. How stood the case 0
J.. the 3Oth of December, when | summoned tn
'e &c gentlemen alluded to by ..Citzenr as 'posse
s to aid me, if necessary, in regaining possts-l"
s. The Supreme Court, betufe tic auit of myse
a va. Col Thompson had heen heard by it, had d.
y cided, in thercase of Donnes vs.. Toune, that tn
h. provisions of the act OF the Legislature by VI
q tue of which had been removed from. and b
~ appointed to, my office, were unconstitution'
y and could not be- enforced. The same Court a
IA terwarss, in my own 80, reversed and annn'ie
" " the Judgment of the late District Judge Whic
recognized JOl. noflpSoH ~ SHtEtit' dud euoS
20 ouently 10 this the same District Judge, on I'll
~ ~ authority of the opinion OF the Supreme conr
- rendered Judgment in my favor and against Ca
y Thompson, recognizing me as the true aud lay
n, fnl Sheriff of St. Landry. In November last I'll
81 " Parish Court, following the example OF thei
- :, high authorities did the same thing.
4. ~ With these lights |efore Inc, think that
- was justified in the opinion sincerely ente rtalnt
3 = by me- that was the only lawful Sheriff OF ii
=. Parish OF St Landry. 1t was then clearly n
IS duty to take charge Of the parish prison and
~ the prisoners confined therein. tried to do
J, - peaceably, az have before said 1 succeeded
-. ~ but it was forcibly taken from me, and it W;
~ not until then that summoned the ''posse'
,s UuDGMENT.) ,
a. ~ George w. Hudspeth, District Attorney ct ai'
w. ", vs. JaHses NJ. Thompsen.
cs ' District Court, Parish st. Landry. No. ll'oe
+: The case, coming up for trial. and the rarti
ks by ther cannsel having been heard. and the Ia
,er and evidence beiug considered and being IN I
,k yor Of the plaintiff, James G.. Hayea; It - q
Id dered, aAjulged and decreed that the said Jam
p- G. Hayea be recognized as; and is the Sheriff
be the pariah Of St. Landry. With authority to e
I ecute ana fasAn the duties Of that office accor
q ing to lsR, and to have and t. hold the Ranl
" with all The powers, privileges and eulolamel'
IT, thereto tielopging; and that the defendant
H. this ease. .pay the costs Of this suit
70, Thns done. read and signed in chambers.
ss ofsss:' 18th di sEs sh T. PoF4KF s
Il 71:Ff : Judge Of fhe 9Th Judicial Dstrit