New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-11-14

United Statea ". c. C. Nah, Anatole
O'Quin. +: K: Houston, Glen Penn,
Samuel Hardee, 1saiah Hardee. James Hsr
1 dee and ~ Shelby, aheriff If Grant uarish.
Yesterday at twelve o'clock the examination
oftbis case was resumed before United States
Commissioned Weller. The prosecution was
instituted under the second section of the
enforcement act, and charged that the de-
fendsnta had combined to jntimidate VIII
liam B. PHILIPPE, and 10 prevent him from
reading peaceablv in Grant parish, and
from voting therein.
The affidavit also charges the defendants
| with Killing D. w. White, recorder of the
parish. and with setting fire to the house in
which bis dead body lsy, consuming both
! the house and tho dead body.
| John II. Grant sworn, eaid that hA ar
rested Shelby on the twenty third Of Octo-
| Der.
As soon "a O'Quin heard there was .
warrant ont for him, he surrendered him
Bradley II. Frazer knew nothing Of the
burDino Of JUDGE Phillips house until after
it was done. Shelby always seemed to him
"a IT half drrnk. Heard him say that
| Grant ra.ish ws: not large enough to hold
| him and Mr.. White.
Green d. Brantley was guest ut Judge
PhilIiDs' house . month before the killing
Of White; knows all tho accused: heard
Shelby saw at COlfax that he was not
friend to White or Phillips; heard him say,
if be was arrested by Judge Phillips, he
would get away with him.
Winston Mccoy testified that he was
there when Whites house was burned: saw
eight men going toward tho br;dse: inev
none OF them; White was ~ ing ut the door
and the FIRE was falling IN on him; there
was pine torch 1eaaing against the wall,
tied on willow pole; there was coal oil ON
the torch; there appeared to have been
about sky horses bitehed ct the bridge
near tho burning house; White was dead.
and that was the reason witness did not
drag him out ct the fire; be and John VIII
liams. Isaac W''iams. and others. stayed 1t
tha FIRE until daylight; the beuse Was set
on fs~e abont one O'Clock at night.
Renbeo Ellis-Kuows Shelby. Houston
and Knight; knows that Phillips house Wa
burned; was the day before about q mile from
there picking cotton; that night, after he
got done playing car1s at the saloon, he
started home; saw the fire and about fifty
men on horses, near the fire; knew Nash and
saw the crowd. and hid IN the bushes: had
heard Mr.. Shelby cay that Mr.. Phillips vas
grand scopndrel and that the parish was
not big enough to hold them; witnees
worked for Judge Phil]ips. ginning cotton;
he had been arrested twice at the instance
Of Judge Phillipe, before tho killing of
White; saw the fifty men about eleven or
at slow gait.
The United States District Attorney here
closed the case. reserving the right to call
other witnesses.
Judge Phillips re-examined, said that at
the term Of the court in Grant parish there
appeared to he friendly feel;nf between
all parties: There was apparent friendship
hnt III
secret hostility. Shelby, White and him
self all voted the Republican ticket.
Isaac Williams, recalled-Ssid that IL
Penn was there he did not zee him.
Other Witnesses said they did not see
Penn there. and tho commissioner therefore |
release him.
Nash, O'Quiu, Shelby and Houston were |
proved BY the witnesses to have been al |
good frierds to White, and members of the
The examination continued up to halt. |
past three O'Clock yesterday, when the Com
missioner adjourned the matter until this |
at eleven O'Clock.
The Supreme Court will render opinions
upon cases the ensuing Monday. The writ
Of mandamus commanding Judge Train to
change the venue in the criminal prosecu-
Monday rext The case has been previously
reported in these columns.
The major part Of suits filed yesterday
Of business claims and private
Misunderstanding, involving no principles
but the ordinary collection Of . debt. the
Interpretation of Q contract, or the settle
nent Of partnerships.
There was no session of the Sixth District
Court on Monday. Among the srits fled
vas one by an overseer against = planter.
flaming share Of the crop, which the
plaintiff AYERS was agreed upon when his
ervices were obtained bv the defendant
or one year. Falling ilf End being die,
harged before the expiration of the lime.
y reason Of inability to attend to his du-
!es, ne now sues to recover, cOntending
hat, as bis sickness was a visitation Of |
mOlument. -
Abraham B. Seelye has entered suit in
bis court against Benjamin F. Flanders,
rho is represented as indebted to Mr..
eelye in the full sum Of $6233. The facts
re as follows: The petitioner, together
nth one Henry r. Atwood. since deceased. ,
nd one Henry Schneider. composed the :
firm Of Seelye 4 Atwood. for
lerly doing business az cotton brokers in
his city. On or about the fourteenth dav
March, 1866, one hundred and SEVENTY.
ght bales of cotton were delivered at the
ickery of said Seelye T. Atwood, under the
'structions Of said Benjamin F. Flanders.
ho was at the time acting supervisor and
Decial agent of the Treasury Department :
the United States. Said firm received
om Flanders at the same time an order in :
riting,. which will be produced ON the trial, :
pay the charges upon said cotton, amount. !
e to the sum Of $5907 05.
The aforesaid firm, in obedience to these I
structiOns, received said cotton and paid
e charges thereon as directed.
subsequently lApril 18, 1866. they re. :;
ived an order from 0. II. Burbrid9e. sn- Z
,rvisOr and special agent Of the Treaenrv e
apartment Of the United States, directing .,
em to deliver said cotton to one r. X. !! y
arrison, but to retain the charges and ex- = =.
'nses on said cotton. In obedience to said "
der. said firm did deliver said cotton to g.
ID Harrison, through his representatives, .
ne doing business in New Orleans. and n
I'M them received the amount of CHARGES \!
cured in storing said cotton under the Or - -
re- OF Flanders, the whole amount thus ~ =
!lected being e6O63 81. u
This sum was paid by Scott & Cage for e; y
eir constituent, Harrison, under protest. ~ ~
said Harrison subsequently sued the -. -.
u Of Seelye & Atwood, and obtained "s
lgment against them in s0lido, In partial .,
'etition OF said judgment above described ~ y.
the sum of $466l As, with interest from m; ~
king in all the sum of 4589l A, which g g
n was paid BY petitioners to Mr.. Har- " ~
on, in satisfaction of said Judgment. -
'etitioner alleges that he paid the afore- ~ ~
sum upon . judgment of the United *
ties Circuit Court. In addition to the Tn
0unt above set forth as paid by petitioner, s0
had also paid in costs of court arising AZ
of the defense of Seelye 4 Atwood 0e
inst the claim Of r. K. Harrison, a. WI Mwl