New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-09
THE COURTS.


of the Fourth District-Conflict of Au-
acknowledgements Weber Contrasting
the Appointment of the Present Incum.
bent-Verdict of the Jury i'm the Blue
Metropolitan Warrants Suit. r
William Weber, who, up to a few days
ago, occupied the position of Recorder OF
the Fourth District, has fled petition in
the Eighth District Court, showing that at a
regular meeting Of the City Council of the
city of New Orleans, held on the third OF
April, 1870, he was by said Council elected
and appointed Recorder of the Fourth Dis
trict OF New Orleans, in accordance with
the, provisions contained in section thirty
one of the act of the General Assembly OF
this State, passed March l6, 1870, being act
Ne. z OF the acts of the extra session Of said
year; that he was elected to said position
for the period of two years, commencing Oh
the fourth of April, 1870, at an annual
salary of $780, He AYERS that the Hon
Benz F. Flanders, Mayor of the city OF
New Orleans, has duly issued to petitioner
the official certificate of his election, dated
April 4, 1870. -... ".t ...-
Petitioner further represents that he took
and subscribed the requisite Oaths, qualified
for the aforesaid office of Recorder OF the
Fourth District by compliance with existing
laws. and entered upon its duties ON the
same fourth day Of April, 1870. He AYERS
that the term for which he was so elected or
appointed is unexpired that he has never
resigned, been removed, or has in any man
ner forfeited his right to said office; that
the said Office was not nor is it now vacant.
but petitioner has been and is the legal in
cumbent and pOssessor of said office, and
the only person legally authorized to exer-
else the duties thereof, and that the emOlu-
ments thereof for the remainder of petition
np'o nm yni rod for tn the nf
two thousand dollars. .t
Petitioner further represents that on the
seventh of June, 1871, one A. E. Billings, q
resident of this city, claiming to be the
Recorder Tor entitled to the Office of Re-
corderl of the Fourth District of the city of
New Orleans, by virtue of an appointment
of, or commission pretended to have been
issued to him by, his Excellency II. C.
Warmoth, Governor of the State of Louis
lana. entered and took possession, violently
and by force of arms and threats, of rooms.
records, books, ETC., belonging to said
office, and pretending to be the legal Re-
corder, has and continues to interfere with
petitioner in the performance of his duties
as Recorder, to the irreparable injury of
petitioner. .e. ers .w sri
Petitioner AYERS that the acts of said A.
4. Billings are illegal; that his pretended
appointment Is Dullity-a violent usurpa
ton, contrary to the letter and spirit of re-
publican government; that the Governor
had or has no power or authority in law to
remove petitioner or appoint a successor;
that the power is vested entirely in the City
Counsel. HA-e HsL lHH"3 q 90
He further AYERS that writ of Injunction
is necessary to restrain and prohibit said A.
Z. Billings from molesting, hindering or in
terfering with petitioner in the performance
of his duties as Recorder of the Fourth Dis
trict of the city of New Orleans. II ...g
Wherefore petitioner prays that a rule
nisi issue herein, directed to said A. E. Bill
lings, ordering him to show cause on Mon
day, the nineteenth instant, why writ of
injunction should not issue.
An order to this effect was issued by
Judge Dibble.
In the case of Esnard VS. the city of New
Orleans, in which plaintiff demands the pay
ment of some $4,000 Metropolitan Police
warrants, the jury has returned verdict
that plaintiffs in the case are bona fde
holders of the warrants that are produced in
court. From evidence of witnesses and the
statute books, we have come to the cOnclu-
sion that they are genuine, and to be recog-
nized as lawful obligation, and to be paid"
Judge Dibble has taken the verdict under
Amusement. ...
Fourth District Court.
IN The case VI JOHN y. II VS.. w luOW
A. Smith. the jury has returned verdict
in favor of plaintiff for $3.50 and interest,
his rights to sue for one-halt the
amount which defendant may have collected
above $500.
The following cases were fixed for trial by
jury yesterday: l.. III. Gardner & Co. VS.. F.
G. Barriere & Co.; Minors Burke VS.. Jeffer-
son Savings Company ct al; Hinckley VS..
Cain.
Sixth District Court.
All but one of the cases of the late Jeffer-
son City policemen suing the city to recover
for services, were decided by a jury on
Wednesday, the result being verdict
against the city for full amounts claimed.
The last case was being tried yesterday.
United States Circuit Court.
The case of the United States vs. p Har-
ris, indicted for manufacturing counterfeit
coin of the United States, with intent to de-
fraud, was submitted to the jury yesterday.
The accused had been convicted of the of
tense charged ON a former trial, but upon
application of s.. c. Reid, Esq, of counsel
for defense, new trial was granted for
reasons filed.
The jury having retired to their room at
one o'clock, after an hour and halfs de-
liberation returned into court and asked in
concerning the fourth count of
the Indictment, whereby the prisoner is
charged with having manufactured and sold
to the witness, Coleman, four counterfeit
pieces, each of the similitude of United
States gold coin, of the denomination of ten
dollars. ,f ~ = ~ ~ ~
The court charged that if the evidence
showed that the detective Coleman had
falsely represented himself to the prisoner
as dealer in bogus money, for the purpose
of entrapping him; and if Coleman was not
deceived in the nature of the article which
induced Harris to sell him, the evidence in
such case established no criminal intent.
His honor accompanied his remarks by
severe structure on the conduct of detective
officers for some practices in their methods
Of bringing suspected parties to Justice,
The jury again returned to their room,
but in short time came into court for fur
her instructions. Receiving these they
,nce more retired, and returned at twenty
minutes past four, stating that they could
not agree, when they were discharged from
rurther consideration of the case. Mr..
Reid, for the defense, moved the court re-
ease the prisoner on his own cognizance,
but his honor the Judge decided to reduce
the bail to $1,000. The prisoner was then
demanded.