New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-15
THE COURTS,
Eighth Diasrsct COuPt-Judgo Dlbbse and
;hc va9Tnnt Act-He Concurs With
Judge COilens, But Releases Upon as

At ths opening Of the Eighth District
Court. yesterday. Judge Iibble rendered
an ora! opinion IN the matter of the writ Of
habeas corpus applied for by certain ale 1ed
yagrants, seeking to be discharged from the
City Vcchhoise, on the ground that the
late vagr2nt act Of the Legislature is uEc on
stitutiorsl. Judge Dibble said that he had
intended to write an opinion at length upon
the subits: matter. bat having read Judge
Collens' elaborate and able exposition Of
the law, ne decided that all that was ne
ceSsarT tor him was to state from the bench
that h :oncur:cd in it. He added that silni-
lar lava had been declared constitutional
in the States of New York. South Carolina
and Massachusetts.
His decision in the eases before h.:r was
that :AH several parties applying tcr dis
! charse could obtain it by giving bond .or
good behavior in tlAe future in tha SUD- Of
$1,000.
Iiie counsel Cor t:e prisoners having called
the attention OF Judge Dibble to the fact
thu. the commitraeat was defective, mas
mich as it had rc: been issued l,v Justice
Nayers FROM his own Office. but trom the
office of :he Metropolitan Police Board.
WHERE he had established it Temporarily for
! the special purpose of passing upon these
.ascs thc Judge replied tha, if thi- could
| be shown. he would discharye the pr.sOacrs
+: at once.
I
his staternert was entirely correct. ANA te
allow dcteudan.s an opportunity of rebut.
ting i. ths prisoners were Eemanded 20
prison un:N three O'Clock. Z. NJ, whe'a the
were discharged. as jud.ss Dibble said chat
he would 40, s;.uc:ion Eor 4 moment sucn
Illegal proceedings ~. .h' part OF any
Justice III She Peace.
The .s~ .csigua t'- l.tchiu what .,nita :h-
Offices ot Justices ct :he Peace shall be
located. and :hey have not IA shadow Of
| right I" hold court outside of those limits.
no matter it Il docs appear that their i;l-.s-
| dict.on extends 90. the who's. parish O.
| Orleans.
| The Juj., also c-,lered me discharge OF
| two otf.- ;.:l"ged vagranta. who had been
sent 70 tie Parish Prison upon q similar
| commitment. The ,irs: batch of prisoners.
| after their discharge. were slipped away
! down the b;.c.. stairs, and succeeded IN
: thanking the police who were ;,pon the look
| out for them but the :wo .as: we.e 40: 50
| fortunate.
As soon ia :!l.y lad been discharged. Cap
! tam Schreibcr. with u posse oI policemen,
| attempted 70 arrest them i'll tle courtroom.
| the Judge having just descended from his
bench, after the adjournment of his court
This somewhat intorma! proceeding WAS
| in:er!ered with by the Deputy Sheriff Of tha
! coilr., who, promptly throwing himself into
| the melee. informed the policemen that :hc :,
! must do no a:rrstiny within She pE"cnc:S 0t
! n. court building.
| At this. Captain Scn-e:her and his :orcr
| withdrew - :: safe bu! short distance. out
| side the building, where awtitin. patiently
! the oui"omng OF the parties lie proceeded.
a, soon as they silo": themselves. :" :"!,c
! them into custody without much ado.
The Magazine street Kaiiroai Comouay.
This complicated law sui:. IN which some
| az he. = h..ra Ne lr,
bar are engaged. has gone over for turtle
| trial until tomorrow morning. Molday. t.lc
! sixteenth instant.
The Nrw Orleans -choo: OF Medicine.
| This suit. tie history concerning. uh:ch
. mas oe'n published so often tAat 10 do 80
again woLli be ike puDli-hin. :wic: told
! tale. = before the Eighth District Court.
| Til. struggle :s Tor the possession %: tha.
, fine piece OF property known IA The New
, Orleans School o.: Medicine situated Oh
! Canal street. and the contest Is between :h.'
old Board of School Directors and the new
| board. who are termed ty the old board A.,
! ScccderS.
! Heavy suit in sae Sishih District ourt.
John H. Mckee. os this city. mas
, entered su:t in this court against :. J..
Griffin. 10 recover the sum "f :2t,, 900. al
| legged 70 ne due him as the proceeds ui u
copartnership IN cotton and commission
business. established in the city of Shrevc-
port i'll the year 1863. The firm in question
consisted of petitioner. :. 7. Griffin. A. C..
Graham and Robert Graham.
Petitioner alleges that among other
things purchased were the fractional por-
tions OF two squares in the town of Shreve
port. for which the firm paid i0.0O0, hut
which property has been sold by Griffin.
and the proceeds wronstu!ly appropriated
to his own use.
He also charges that Griffin purcha ,ed
largely of cotton in the States OF Louisiana.
Texas and Arkansas. with the funds OF the
company, the precise amount OF which he
Griffin has charge of all the books and
papers. That in 1866. the said Griffin
showed him statement showing that the
property OF the company had amounted to
SlS0,OO0.
The petitioner alleges that ne has been
declared Il bankrupt. and that he has pur-
chased all claims of his old firm OF c. a.
Weed * Co. against S. 2. Griffin 4 Co..
which he now holds.
An injunction is asked for 20 prevent the
transfer of the Shreveport property. etc.
which will not be granted until after "a
hearing has been had.
In the petition, it is charged that Griffin
made a fraudulent transfer Of the Shrcve-
port property to Charlie. +. Edey, his
brotherin-law. who now resides in New
York without any consideration. and that
now. as from the very first, Griffin has been
receiving the rents and profits from said
property 1t is to prevent the transfer of
this property by. the said Edey. that the in
junction is asked for.
The petition also prays that u receiver
be appointed by the court to take charge of
all the revenue from said property and TO
examine all the book. and papers of the
said commission firm.
Judge Dibble has appointed J. Hawkins,
ESD. as curator nd hoe to represent Edey.
and all parties interested are to show cause
on Tuesday next, why the Injunction should
not issue. and a receiver be appointed as
prayed fer in the petition.
The Case of the state Assessors.
The new trial asked for in the suit of
James O'Neill e' as. OF the old Board OF
State Assessors, rs. the State Auditor. was
argued Yesterday before Judge Dibble. who
reserved his decision until Monday ito
the sixteenth instant.
Sixth District COnrf.
Judge Cooley yesterday fined il witness
twenty five dollars for refusing to comply |
with the summons Of his court. Judge |
Cooley is after delinquent witnesses with a !
sharp stick.
Fourth District Court.--Din,nouds At
tached.
Colonel A. Il. Small. of the Southern Tx !
press Company. agent for the widely known |
sued out an attachment yesterday, in |
this court, against a most beautiful col !
lection Of diamonds. which had been placed |
for safe keeping in the iron safe of the ST. |
Charles Hotel by one of the guests. named |
Lewis Van Eaton. sometimes called John X. |