New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-12


Judge Woods gave an elaborate decision.
sustaining the affidavit; SO the case pr
cccdcd upon its merits. -
The following jury was impaEelcd: X.
H.. Isabelle, John Pembcrton. George
Gracicn. l.. Angustin, A. HOFFMAN. IL.
PohIman. M. ID. Lagan. Pierre Casenave,
H. Lesscps, Robert }. Ford, Joseph Kelly
and John Lane.
| "A cloud of witnesses were examined
both for the prosecution and defense. The
only testimony having the least approach
to direct. was that of Isaac jerks, wh"'
with IA great amount Of circumlocutlon, tes-
| titled that he had been requested by MIR.
Smith to put his name to paper, the con-
tents of which he did not know.
| United States Commissioner Nellcr was
| examined at some length, but his evidence
did not appear to bring home any gum 10
| the accused, for there appeared h"tn'hS I"
show that signing the paper ill question m
volved the criMc of perjury, hence tnere
| could be no proof of subornation.
Mcssrs. Marks, Rcnaud. and Earhart were
| eyamed but their evidence was nothing to
| tLe n,rpose. Mcssrs. Hunsaker. Howard
| and Burch testified but as nothing had
| been proved. it was somewhat Work or
snperoration The case was submitted by
! consent of counsel without argument. the
! court made IA brief charge, the jury retired,
and returning Immediately, gave verdict
of not guilty.
When the King of France and &c, 600 men
marched up hill and then marched down
again. if the transaction was il greater NJ
zc than the attempt to bring home charge
of perjury to Mr.. Smith, concerning the
Donaldsonville riots, then it would be rea-
sonable to believe that no Republicans
were murdered during the DOnaldsonvllle
riots. but that it was all prctence.
The counsel for the defense so conducted
| the case for Dr. Smith that his conduct and
| character should be vindicated. and that he
| should come out of this severe ordeal of per
| sccution unblamable and spotless before the
| community where he had been so assailed
| and charged by political antagonists.
Eighth District Contradictions by Judge
Dibbie.
Judge Dibblc, of the Eighth District
| Court, HAS just rendered a couple of oral
| decisions In the case Of j. l.. MOntieu.
| Assessor and Tax Collector of the parish OF
| Jefferson, suing for mandamus to compel
| Auditor Graham to warrant in his favor for
| some $1,000 for services alleged to have been
| performed in making out the assessment
| rolls Of the Fifth District of the city of New
| Orleans, Judge Dibble decided that the
mandamus could not issue. and refused the
| order.
| In this case, Montieu. who was Assessor
| of the parish Of Jefferson before the annex
alton of the City of Jefferson to the city Of
I New Orleans, recovered for his services Ill
said parish, some $4,000.
| After the Fifth District was formed out Of
| the parish of jefferson. MOntieu came in
| and claimed some 5000 tor the assessment
rolls which he had made out, and which
| were to he used by the State in collecting
| the taxes of the said Fifth District under
the law which allows the State assessors Of
| the parish of Orleans five per centum upon
| the amount of the rolls.
| Judge Dibble said he could not see how
Montieu could claim additional cOmpensa-
ton for work which he had already been
paid to perform. There had been hiatus
in the Assessors department. but Montieu
had never been during that time an assessor
of the parish of Orleans.
In the case Of Andrew j. Davern, con-
stable of the Second District Court, askin z
for mandamus to compel the Auditor to
warrant in his favor for expenses alleged to
have been incurred i'll bringing certain
prisoners and witnesses from the parish OF
Ascension to this city. Judge Dibble ruled
that the prayer must be granted.
Sevent, District Court
NJ. Musson & Co. w. A. Foster Elliot
X seems to have been generally inferred
from the portion Of Judge COllens' opinion
in this suit heretofore published, that the
case was decided adversely to the defend
| ant. DUL SUCH HUt tEC ldCt. hC SVUl
held that the privilege given to MussOn 4
Co. by the act of 1856 relative to vendors
lien on agricultural products of the United
States was lost by prescription, as the suit
was not commenced within five days from
date of the sale of the cotton. and that
therefore. the claim of the defendant upon
the cotton must be preferred to that of the
plaintiffs. But inasmuch as the cotton was
merely pledged to secure the debt due to
the defendant. it was dccreed that defend
ant be condemned to account for the proceeds
OF the sale OF it, and after deducting from
the proceeds the amount advanced by him
on the cotton, say S2O,74D. to pay 60 the
plaintiffs tho residue, if any there be, not
exceeding 5000 30, with interest. etc.
sixth District Court. Alleged Muir.
derer Released Upon a Writ Of Habcas
Corpus.
A man named Henry Carter was released
of habeas corpus.
1t appears that the prisoner had been con
fined in the Parish Prison by the Criminal
Sheriff upon an order from the Sheriff OF
Plaquemines, which reads as follows:
J. A. Massicot, Criminal sheriff, Parish of Orleans
Please receive and keep in your custody
the body of Henry Carter, charged with the
crime of murder in the parish Of Plaque
mines. A. DAl NOl.
rtbrGdTy I' 1917.
Judge Cooley decided that the commit
ment was informal! and wholly inadequate
and the prisoner went on his way rejoicing
miscellaneous Tho First National Bank
The case of the creditors of the First Ma
tiOnal Bank of New Orleans Va. the receiver
and Controller of the Currency, involving
TIN ee quarters OF million Of dollars in con
test between the United States and the
creditors of the bank. was argued before
the United States Supreme Court on the
seventh instant, by the Attorney and SOlici
tor General for the government. and by
Judge John A. Campbell and Henry Is
Kelly. Esq, of the New Orleans bar for ths
creditors. An early decision is expected
and large fund now in the treasury is helt
to abide the result.
This week will be one Of interest in cOur
matters, particularly in regard to cases tixe,
for trial before the Eighth District Court
Among the leading cases will be the writ
Of mandamus upon the State Auditor III thu
matter of the claim Of j. o. Nixon, and il
the matter of the State floating debt. Thu
case of c. S. Sauvinet vs. the Bank saiOOl
will also come up during the week.
> Commissioner w eller's Court.
3 One of the crew of the steamer Enter
prise made a clam for wages against tn
l boat. and a charge Of assault and batter,
l against the mate. The evidence SHOWED
5 that neither claim or charge were wei
e founded and tho whole matter was dis
/ missed
4 To DRESS COLLARS. this purpose us
IL the best starch. say two pounds, and fOu
= ounces Of wax and six and a half pints G