New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-27
VOLUME IV--NO. 1859
THE COURTS.
An Attorney Charged with EmbezZlenent.


administrator, by a member OF the nir
named Judge Perret, was accompanied by
ms attorney, X. King Cutler, who made a
statement of the case. and thereupon made
| the following affidavit:
Personally appeared before me, the un-
dersigncd authority. Louis G. Perret, who,
being duly sworn, deposes and says: mat
he has been and is the administrator OF the
succession of his deceased mother, Widow
Charles Perret. OF and III the parish OF 81.
Charles, in the State of Louisiana.
That in his said administrative capacity
he employed as dis attorney and counselor
at law, to attend as such to the adnlinisyra-
ton of said estate one Auguste Lawson.
who then held forth in the city Of New Or
leans and parish of Orleans as aforesaid.
Afiiant AYERS that, in the year 1863 said
Auguste Lavisson collected from. ore v.
| Laurent, then Sheriff OF the parish OF st.
Charles, the sum of one hundred dollars. the
funds Of and belonging to said succession,
| aud in this city Of New Orleans, SAID La
| vissop converted said money to his own use
| and benefit that on or about the thirty first
| lay of January, 4. ID. 1868. sad Lavisson, III
! his capacity aforesaid. obtained from afflant
an order. in writing, for the collection OF the
| balance of money due the said succession IN
| accordance with the judgments OF the Fourth
| judicial District Court of Louisiana, in and
| for the parish of st. Charles, and also III
| conformity with the decisions OF the Su-
| preme Court of the State Of Louisiana,
| which were rendered in OF about the month
| of January A. ID. 1868
Atfiant AYERS that in the years 1868 and
| 1869, he frequently wrote letters to, and
therein demanded Of said Lavisson the
| money by him collected in manner afore-
said. which demands i'll writing, were never
| answered. That the money SO collected by
| said Lavisson. i'll his aforesaid capacities.
| to wit: About three hundred dollars (S3o0)
damages with costs, and seventv-tlve dol
lars ($75) allowed by said Supreme Court
10 the attorney of absent heirs OF said sue
cession, were by him collected, and con
verted by him to his own use and benefit,
within the territorial and legal jurisdiction
of the authority to whom this affidavit is
presented; and for which sums of money
affiant was, and is. responsible in his ca
pacity aforesaid to said succession, and the
attorney Of absent heirs as aforesaid.
Atfiant further declares and says that
| within one month after the said Lavisson
had received said money, by virtue OF said
decisions of said Supreme Court, and the
order given him 10y atfiant. the said Lavisson
| absconded from and left the State OF Lolllsl-
| ana, and fled from justice.
That said A. Lavisson. after having fed
| from Justice and abSconded from the State
| OF Louisiana, not 0nl ly eyaded but refused.
| and entirely failed to be recognized by or
| to answer the written demands OF atfiant for
| said sums of money by the said Lavisson.
| collected as aforesaid. Deponent further
| says that he verify believes that said \.
| Lavisson has wickedlv and malciously con
verted said money to his own use. with
| intent to defraud atiiant, said succession,
! and said attorney of absent heirs out OF the
! same. That the acts and unlawful conduct
| OF said A. Lavisson has placed hlm IN the
position to have his name stricken from the
| roll of licensed attorneys and counselors at
| law in this State.
| That after said Lavisson absconded from
the State of Louisiana. he remained away
| or secreted himself so that afiiant conld not
| cause him to be arrested until within tie
month of May last, and that upon the pre-
| limnary e examination, the Hon. w. I. Scott,
Parish Judge, parish of Jefferson, declared
| that he had no jurisdiction of the case:
wherefore atfiant charges said A. Lavisson
with the crime OF embeZzlement and breach
| of trust, and he prays that said A. Lavisson
| NAV be arrested and dealt with according
to law.
| Thus far there is little or nothing doing
| in the various courts near jackson Square,
! except in the First, Second and Eighth.
| which are required by law to continue in
| session the year around.
| We met Judge X. X. Howell of the SUI
preme Court, yesterday in the court build
| ing looking remarkably well. Judge
| Dibble, of the Eighth, who returned some
| weeks ago from a trip to the North. seems
| to have protted exceedingly i'll physical
health. Judge Cooley Of the Sixth. Judge
| Theard, of the Fourth, Judge CollenS. of
| the Seventh, Judge Lealmont, of the Fifth,
| all put in an appearance, betokenlng that
the summers vacation has improved them
| Just as boneblack improves vegetable growth.
Of the members OF the bar one meets 4
great many who are just back from the
Lake-shore. the North and East, and the
far West. The stalwart form Of Colonel
George w. Race loomed up yesterday morn
ing. in the various courts, with kindly
smile for all his Gld friends among the
scribesyand other habitues.
Tuesday, in the Eighth District Court, Mr..
Semmes and Mr.. Lacey, two of the giants
of the New Orleans bar, were pelting away
at each other i'll earnest argument. and
seemed to rejoice at being once more IN tn"
forensic arena.
James Mcconnell, ESQ. one of the ableSt
and blandcst OF our legal fraternity. has
been passing TIE entire summer at Bay st.
Louis. where, forgetful of law books and
law suits. he has been enjoying himself and
gaIliVanting. and studying the intricaclcs OF
building railroad bridges and strengthen
ing trembling prairies
The courts viii open for the regular ses-
sion on Monday the seventh proXinlo. The
furniture floors. etc, of the different Offices
have been renovated, where such a course
was necessary, and everything viii soon be
i'll apple-pie order.
Eighth District Court.
State ex rel. Warner Van Norden VS.
Thomas w. Conway.-This case, heretofore
reported, came up Tor argument yesterday
before Judge Dibble.
1t appears By the petition filed on the
thirtieth of September last, that this action
arose ont of the following state of~tacts:
The petitioner. as citizen and taxpayer,
and as Treasurer of the Board OF School Di-
rectors. shows: That by the act Of March
II. 1870. tax was levied and collected,
amounting to over $l27 900; that the same
has been paid into the State treasury for the
purpose Of being disbursed according to the
requirements of the statute. Petitioner
AYERS that by a legal apporrionmentt the pub
lie schools of the city are entitled out tt
this amount to the sum Of near $4,000. the
apportiOnment to bear date on the first OF
September, 1870.
Its further shown that the Board Of Direcs
Ors of the city is entitled to the amount thus
apportioncd, and that it was incumbent on
Thomas W. Conway to perform his duty so
that the money might be paid 1t is averred
that the defendant, Oh the first of Septem
Der last, made the apportionment. and adj
mitted the amount due to be the sum
stated
Petitioner further shows that he fears
that James Graham, Auditor o. Public Ac
counts, acting in the said improper and
illegal apportionment, will issue his war,
rants in favor of the several treasurers OF
the ward school boards, thereby directing
the State Treasurer to pay to the several
ward treasurers the aforesaid sum OF nearly
$50. .0c0. unless the said Graham be enjomed