New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-21
THE COURTS.
The jackson Easlrosd Case.

General John D. Freeman asked to amend
his pleadings as interVenor, III so far as he
had stated that the State owned stock in the
road. The testimony was, he said, - the
effect that the State did not own any stock.
The Judge said he thought the testimony OF
the Governor did prove it. and General
Freeman replied that he did not at that mo-
ment propose to extract the opinion of the
court.
Mr.. Bermudez filed the following supple
mental return: The respondents beg leave to
file the following supplementary return:
They deny that IL Is made their duty to
| allow the transfer asked to be made on the
| books of the company.
They aver that If it be their duty they are
vested With discretion, and that It is incum-
| bent upon them not to permit the transfer
| asked to be so made uutIi they are notified
| that the law and the clrcums taDces do war;
rant it without doubt, and that the board
| has never 50 ordered.
| They aver that, in the exercise Of their
I discres:ion and judgment IN the promises,
they cannot be controlled By this court, for
! the reason that if they err the reiator has
his remedy by sc.ion.
They aver that the relator has other
means of relief; that the siowness of ordi--
nary legal forms in this court is not likely to
| produce such delay that the public good
! and the administration of justice will suffer
| from it.
They aver that under no circumstances
! can maudamus issue in this case, as il
! does not fall within the provision OF the in
! stances specified by law. c. p. S35. And
! they pray that the application Of relator
| be dismissed with costs, aud for general re-
! lief.
They further aver that the State has no
! title to the stock claimed by relator, who
himself has no title.
| Exceptions we're reserved BY opposite
! counsel.
! General Freeman offered in evidence the
statute of Mississippi, approved December
! 2e 1861, amending the charter of the COM
! pany; also, statute Of Louisiana and city
! ordinances, and various other documents,
| reports of the company, etc, applicable to
! the testimony il the case, and to be referred
| to in argument.
! R. s. Charles recalled-Pead the original
| article of subscription OF the Treasurer OF
| the State to the stock of the company,
amounting 10 64 600 shares, at S2j per share,
amounting to 81, 500, coo; he read copies OF
| entries from the books, showing the differ
| ent dates at which the bonds Of the State
were subscribed for the stock, leaving a
| balance OF $7l6,0 still due by the State.
! The city has received certificates OF stock
! for the full amount of the bonds issued by
! her-80,000 shares-amounting to ST.
! 600. coo.
| The State of Louisiana has never, through
| her agents or assignees. demanded of the
| Board of Directors direct a transfer of any
| portion Of its stock.
General Freeman has presented three bonds
of the State, of $1,000 each, issued in favor
| of the Jack son railroad, belonging to John
| H Lingham, Of England They were Of
| fered in evidence in behalf of all lhe parties.
| Mr.. Charles, further testifying, said that
| no certificates OF stock were ever issued
| I,,Fr
paid. The State has paid TO the railroad an
! amount eoua to So, $50 shares, or fifty-fve
| and one fourth per cent Of her subscription.
! The balance due by the State is equal to
! e, $40 shares. The whole capital stock OF
the company Was SS.000000, to which the
! city Of New Orleans had subscribed
| 81 600, ,0Q0, all OF which had been paid UP.
| He had told Governor Warmoth and Mr.
| McComb that the whole subscription of the
State was G.. 600 shares Of which 35 $50 were
! full paid. The application by the Governor
ard Mr.. McCOmb for tie transfer of the
! State stock was made on the ninth Of April,
! 1870, and refused by General Beauregard,
the president. The transfer books were
! locked up, as General Beauregard told wit
| ness, on account OF the illegallty of the sale
Of the State stock and 10 prevent its transfer.
Mir. Bermudez offered 10 prove that F. j.
Pratt is not solvent surety.
Sheriff Maxwell sworn: Says he is Sheriff
of the parish. Knows Mr.. Pratt by sight,
snd thinks if he had an execution for $780,
600 against him he would not levy it on any
| tangible property in his name. Knows Of
no real estate in this parish or State in Mr..
PIatts name, and would not accept him as
surety on a forthcoming bond for $500 600.
/ would not accept him because know of no
property belonging to him. might find
some Slaughterhouse stock belonging to
him.
Mr.. McComb, the relator, sworn-knows
Mr.. Walton, security On the bond; does not
know that he has any property IN this
State; does not know whether F. j. Pratt
owns property IN the State, but if he should
be SO impudent to ask the question of Mr.
Pratt and to examine his assets, he would
presume that Mr.. Pratt had property: he
asked the gentleman to sign his bond, with
out stating for what amount; he presumed
they knew the amount of the bond; did not
have occasion to ask the sureties for eVl.
dence of their ability to pay the amount OF
the bond; it was his intention to give the
Governor good bond, and he would
have furnished him sureties if re-
quirfd, to the extent of 8 dozen;
the Governor did not require any evidence
of the soivency of the parties; he read
their names and announced them as being
satisfactory; witness does not own any
real estate in this State; he has personal
property, to wit: Stock in the jackson rail-
road. for which he paid $4tl 600 in cash.
thinks he is worth, clear Of the world, be
tween four and five millions OF dollars. Gen.
eral Freeman remarked that with that
amount he (McC0mb) could build the Mis-
sissippi Central railroad. Mr.. McComb re
piled: ''That is what intend to do.'
The evidence in the State case being
closed, Major New spoke an hour on the
part of the relator. and the further argument
was postponed until tomorrow (Friday),
only eight hours in all being allOwed the
lawyers to close and air their pent up vocab-
ulary.
United atntes Circuit Court-Chsrie.
Morgen vs. Chattanooga EhaiIrond.
This case was on trial yesterday, and its
further consideration postponed until the
arrival OF Judge Woods, who is expected to-
morrow.
Eighth District Court-Ciaim for Dam
oKes.
The following petition, claiming damages,
was filed before Judge Dbble yesterday:
John Pardon VS.. the city of New Orleans
ct als.-Plaintiff in his petition AYERS that
on the eighteenth day of May, 1869, he was
patrolman of the Metropolitan police force:
that on that. the above date, he, with a
body of said police force, and under the
command of their superior officers, pro-
ce6ded 10 the courthouse, situated IN the
then City of Jefferson; that shortly before
reaching that building they We're fred
upon by riotous assembly, and petitioner
wounded in the right leg below the knee
joint, breaking the bone In two places; that
during the subsequent vclleys he was
wounded second time III the left leg, above
the ankle; thst from the wound in his right
leg. his right wrist became paraiyzed, aud
is so now; that petitioners right leg was so
badly injured that it forms but useless
appendage to his body, and that ever since
sai6 Nav eiph taanfh ho n hnan ron, ptotaIv