New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-28

EIGHTH District Court.

State ex rel H. II. HOmeyn VS.. j. X.
West, Administrators ct al-Ihls case was
set down for trial this morning on rule
taken by counsel for relator, as follows: IN
| Nixon. ST.. have in their possession and
| under their control a large number OF WIT
| ten pages of testimony taken in open court,
| ia tile above entitled cause, say about from
! two to three hundred and fifty pages, and
that they refuse to give up said testimony,
or to allow the same to be used or nleo IN
| court, Attic ugh more than the CONTRACT
| price for writing the same has been 'el-
| dered. say $3.50 in United States treasury
notes: that all the testimony III said cause
| has been taken, and counsel for relatof are III
! great need Of said testimony to enaDie theiii
| to write and complete their bllef III SAD
| cause in accordance with the agreeIneht
| with counsel and court to argue the case py
| briefs. and said Nixons having no rlght 10
withhold said testimony; IL Is ordered r 1lae
| wbv tbay should not deliver to the clerk
| of the court said testimony.
| AItbouoh no service of the rule had been
| made service was accepted by %. Nixon,
,Jr.. and the trial proceeded:
Mr. Austin, attorney for Mr. Nixon, filed
| an exception, as follows:
Now comes j. @. Nixon, Jr., and for per-
emptory exception says, that he is not an
was not at the time the testimony was
| taken herein, and further, that the relator
can not proceed against him i'll this way,
| and prays to be hence dismissed with costs.
Defendant also filed the following an
swcr to the merits:
Now comes j. O. Nixon, Jr., and for an
swcr to the rule herein, says that the con-
tract was made between himself and H. G..
Caulkins and j. ID. Young, to take testimony
hn,n at HnI1
! testimony taken herein by the respondent
amounted to 4O1 pages, portion OF which,
l53 pages, the respondent now has in his
possession, the balance of said testimony
has been filed herein.
Respondent especially reserves all his
rights to and under the exception heretofore
| filed herein, and valves nothing by the
answer therein and prays to be dismissed
| with costs.
Mr. H. c. Caulkins testified that Mr..
| Nixon agreed to take down the testimony
| in short hand, and afterward to write it out
in long hand, for one dollar q page, to be
| closely written.
| The agreement was that the testimony
should not he written spra wlingly or loosely,
as ordinarily written by the minute clerk OF
| this court. After the testimony was written
out, Mr.. Nixon told the witness that the
testimony amounted to 40l pages, and was
worth S40l. Witness offered to give $3.50,
which Mr.. Nixon refused. contending il was
worth the amount contracted for. Witness
had never examined all the testimony with a
view to ascertain whether it was done ac-
cording to contract, but only for the pur-
pose Of reading it, and understanding Its
| drift.
Mr. Austin remarked that it might he
necessary to destroy the testimony of this
witness, and he gave notice accordingly
| Mr. Young testified that the contract was
made to pay one dollar page, closely
written. but he thought it was worth onl y
$50. Mr.. Nixon told witness that unless
the full amount was paid he would keep the
testimony, and it would then cost them 8
| larger sum to have it taken over again.
Mr.. Nixon on the stand-Testifed thai
the contract was for one dollar per page
and nothing was said about writing i,
closely. The testimony as written out 10y
him. was much more closely written THAI
| the same kind of testimony is written by
the minute clerk.
Dr. James Burns on the stand-Is steno
grapher and has practiced that profession
at various times for thirty years. Mr.
| Nixons pages are of the usual cloScness
| The testimony here closed and the argu
ment commenced.
Judge Emerson decided that Mr.. Nixon
| for the time being and for the purpose O
writing down the testimony. was an officer
of the court, and. as SUCH subject to Its or
der. He also held that Mr.. Nixon must de-
liver up the testimony upon the payment Of
$3.50 in cash. and as to the balance of Sl5l
making in all S40l, he was RENTED to his
legal recourse against the parties who were
liable to pay it.
Now. that the testimony in the origina
case of ROmeyn VS.. West is again in court
we propose to give it an overhauling ant
present some OF its most spicy points TO
the delectation of the public
The Magazine street RaiIrOad Case.
This case was continued in the Eight
District Court until Saturday. the thirtieth
in consequence of the counsel being obliged
to attend the trial of ii case before a jury il
the Fourth District Court. The exception
to the right of Judge Emerson to preside il
this case was withdrawn.
O'Hara vs.. Bell, City Surveyor.-In tn
Eighth District Court this ease was post
poned until Saturday, the thirtieth instant