New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-22

tacn Wblllu nave DcSull W tillnk llldt dlt''
all possibly the other was not so much Ill
fault: and very probably. before the expira
ton of the term, the two would have been
rcconclcd: and their reunion. cencnted by
the experience of til" probationary term
would. to the philosophic mind. give better
hope Tor lasting peace and harmony NC
tween them But now this can not be d"ne.
The parties being in court. the Judgment
must dissolve forever the marriage ne.
believe. from the testimony IN thls cast
that the defendant has been guilty OF mis-
conduct repugnant to the marriage COY
enant." and that such misconduct II wen
calculated to DESTROY forever the happiness
of thr pIaintii Al all events. II would nave
that effect if the parties w"r" forced 10 I'VE
together The wife has not been without
some faults; but it would seem that these
were the result of the improper conduct oi
the husband There is no telling what
wife NAV do who is forced TO spend the
nioht on the doorstcps OF her house. be
calrse her liege and lord has gone away
with the key. | am pretty sure that her
temper. under the circumstances. was not
of that kind called angelic: and it Is simple
folly to exact OF the wife that the next day
she should smile swcctly i'll the face of her
husband. | do not believe the defendant
intended to render his wife unhappy-hS
conduct has more the appearance OF
thoughtlesSness than design: but as to its
effect there can he no doubt. Under the
law OF March 9. 1870. the wife is cntitled To
a divorce. Judgment tor plaintiff
Mandarin. by the Board of Public school
Directors.
judge H. {. Dibblc, President OF rhe II, "
Board of Public school Directors. has APP
piled. in his capa city as president OF said
board to the Eighth District Court (hlm-
self refused and Judge beaumont to act in
Steat) for a mandamu> To compel the City
Administrators to levy Il tax for the sup
port of the public schools for the year 1871,
the estimate for the citv's portion of the
amount required being S3Jo.o0o.
The school board will contend. we under
stand. that there is an express provision in
the constitution for the levyns of Il fax for
the cause of public education, and il must
therefore he levied. all statutes to the con
trary Notwithstanding.
The Matter Of surety upon an Injunction
Bond.
In the suit of 4. Luscey VS. the city of
New Orleans. a Judgment has been rem
dcred by Judge Dibblc against the surety
upon the Injunction bond issued to restrain
the operations of writ Of tieri facias in the
hands of the sheriff The law in relation to
judgments against the surety reads fol
lows:
Section l,J4, revised statutes. 1870. On
the trial OF iniunctions the surety on the
bond shall be considered the party plaintiff
to the suit, and in case the I'M junction be dis
solved the court in the same Judgment shall
condemn the plaintiff and surety Jointly and
severally to pay to the defendants interest
at the rate of eight per cent per annum on the
amount of the jud gment, and not more than
twenty per cent damages. unless damages to
a greater amount are proved. and the SllretleS
in such cases shall not be allowed to avail
themselves of the plea of discussion.
Fourth District Court.
This court was again IN running order
Yesterday Mr.. Remick. the chief clerk,
being at his post. and his successor not vet
regularly indicted into Office
Mr.. Remicks successor Is Mr.. George i.
Fernald. who will probably file his bond
and take the necessary oath to-day.
United states Circuit Court-Hop. W. Il.
Woods. Presiding Judge: Hon. f. II.
DureII. District Judge.
In the case of J. G.. Cocks vs.. Charles
lard. the petition for "A rehearlns was fixed
for argument on the twenty-fitth instant.
In the case OF H. II. Sebrccht VS.. DIR. j.
G. Beard. Judgment by default was rem
dercd in favor OF plaintiff for Sj93. with
five per cent interest from April Is. 1870.
till pad.
In the case OF the United States vs..
dered by his surety, but gave bail anew
and was again released from arrest.
The case of the United States VS.. Thomas
H. Ballowe wa, brought up for trial. This
case Is somewhat singular. and. on the
SuppoSltlon that the accused might tie found
innocent. one of no small hardship. Bal
lowe was indicted for possessing Cancelled
revenue stamps. ON preliminary eXam-
inatlon before United States Commissioner
Urban the testimony was to the effect that
in 1870 Ballowe. then resident in Shre>e-
port. offered to arrange with some rectitierS
and distilerS OF whisky, resident in Viz
.inia. to supply them with cancelled internal
revenue stamps. and box containing such
stamps was seized by the internal revenue
authorities.
The accused was arrested on affidavit of
Supervisor Conklin, and on the eighteenth
of May. 1870, committed for trial before the
United States Circuit Court, and committed
for want Of bail. The case was brought up
for trial last month. and. the evidence not
being on hand, the court gave the prose-
cutting officer until the twenty-first of
March to produce his witnesses. iester-
dav the case was finally called, and, there
being no evidence forthcoming. the pris-
oner was discharged.
COmmis,ioner Weller's Court.
An American seaman named John lay
Tor. claimed discharge from the English
bark Maggie Hammond on the ground of
bad treatment by the mate. The commits
sioner. after evidence taken. ordered the
discharge to he made and the accruing
| wages paid.
Dick Williams. ono of the crew of the
steamer Peerless. Charged II. II. White,
mate of the steamer with assault and bat
| tery 1t was proved that atfiant was hurt
| by falling over a hog Chain, and the mate
was discharged.
Thirteen of the crew of the American
shin St Lawrence were arrested on charge
of attempting to kill the captain and mate
OF the vessel They were remandcd Ior
examination to-day.
The mate of the steamer Belle Lee was
arrested on two atfidavits made by two OF
the crew, charging him with assault and
battery Ono of the atlantis failed to
appcar but the other did. and after exami-
nation the mate was held TO answer the
charge before the United States Circuit
Court.
The case of John Il. Freeman. mate OF
the Ella +. Hayes, cha gcd with causing
the death of John Long on the high seas,
was brought up for examination. and after
the hearing OF testimony, the accused was
committed for trial aud the bond fixed at
$4,000. The bail had not been furnished
when the court adjourned One of the
crew was detained as a witness on behalf
of the United States. The accused is a
| middle-agcd man. stOrm-w0rn III appear
ancc. but with a gcntleness OF dcmeanor
not in accordance with the crime OF which
! he is accused, He AYERS that the transac
ton was an accident, and pointed out the
/ fact that had he been conscious OF guilt nc
could haze escaped easily enough.
| Coffee