New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-18
TIRE COURTS.
Righth District COurt-The State Float
ing Debt Funding Matter.


Eighth District Court-The State Float
ing Debt Funding Matter.
The suit of Samuel Smith ct ais VS.. the
Board of LiquidatOrs of the State Floating
Debt, brought to compel the exchange OF
bonds in the possession Of the Citizens
Bank, as Fiscal Agent for warrants held
District Court Yesterday. After the hear
ing of some additional evidence on the part
of Mr.. Gaines and Mr.. Smith, the sub
hitting of tho testimony of the Governor.
taken in his sick room, and the fling Of the
list of warrants handed in by the Governor
and Mr.. Gaines for exchange. with de-
scriptiOn Of the same. the case was con
timed over until Tuesday next, the twenty
first instant. without further argument.
John G. Gaines, President OF the Citizens
Bank, swOrn-Saw Mr.. Smith on Saturday.
the Fourth Of March, at ten o'clock; he
handed NE the letter from his attorneys: |
said hoped there would be no lawsuits: l
said to him, "this is private letter; don t
think can be stayed by this, had you not
better get out an order Of COURT did not
SEQ Mr.. Smith when he took his warrants on
Saturday; don't recollcct that Mr.. Smith
asked me on the morning OF that day It the
Governor had not been there.
Samuel Smith sworE-At one o'clock on
Saturday, the fourth instant. Mr. Gaines
said he did not think !e could take any
notice of u private letter. and that had
better take ont an injunction. In tnp morn
Ing. ut ten O'Clock, l saw Nj. Delery. and
he told mc then that the bonds were gone,
and had better see Mr.. Gaines: Mr. Gaines
said to Inc then that the bon';s were all
gone: that the Governor had been there and
taken them: went to see the Governor and
was told he had gone to the Citizens Bank;
went to the bank, and Mr. Gaines said the
Governor had not been there: went to my
lawyers, and they gave he the letter to the
bank; Mr.. Drlery refused to receive. it. and
Mr.. Gaines WAS not i'll; Mr.. Delery said he
would not receive either the letter or the
warrants; MIR. Gaines then came in, and |
lett the letter with him; had three inter
views with Mr.. Gaines on the fourth of
March. withdrew the warrants from
the bank on Saturday, the fourth Of
March.
The Governors testimony, taken by con-
sent; affidavit waived-I signed the funding
bill No. 43 of the session of 1871 at half
past ten o'clock on Saturday, the fourth of
March, at the Governors office; it was
signed in presence OF Judge Dibble and
my secretary; saw the bill in the enroll
ment committee room of the Senate, on the
third of March, 1871; read it over with one
Of the clerks, comparing it with the Origi-
nal bill; requested the clerk 10 send it to
the Speaker and Lieutenant Governor to be
signed, and when they had signed it to
bring it to me; they sent Immediately for
the chairman of the enrolment COM
mittce for that purpose; it was brought
to my Office the next morning, signed by
the Lieutenant Governor, and with the
original bill; the Speaker had not signed it;
told the chairman of the enrolment COM
1uasffnn na xvAu1I hav ~ On tha N,.u o,lr n
sign it; my secretary and self read the two
bills together, and | sent the original bill
back to the committee; the chairman hunted
some time for the Speaker; not finding
him he went after the Speaker again;
remained in my office until half-past one
o'clock; the Speaker not coming, | signed
tho bill and gave it to my secretary. with
Instructions when Mr.. Carter came in
to ask him to sign the bill: on Common
street met the Speaker. and asked him TO
10 and sign the bill; he went around to the
Capitol and signed the bill; that was about
two o'clock; on Monday MY secretary sent
the bill to the Secretary Of State, without
putting the date of my Signature on it.
which, when ascertained, sent for the bill
and had the date affixed; am "a member Of
the board of liquidatOrs; OH the morning
Of the fourth Of March, about nine o'clock;
/ called at the Citizens Bank and told Mr..
Gaines that the bill would be brought TO me
that morning; that should sign it; gave him
then . number Of warrants, with a list OF
them, and told him then tina: AS soon rs
copy Of it; that desired those warrants
exchanged for bonds, according to law; he
had also some warrants that he had re-
oeived, and I told him to exchange the
bonds for all he had received together
with those had received. soon as the bill
came to me / had a copy of it made and
sent to him: l handed i: to him Mr..
Gainee), at the same time giving him the
dates, numbers and amounts OF the WAY
rants held by Hernandez, and told him to
exchange them for bonds.
the warrants handed to Mr.. Gaines BY me
were those of Hernandez, and those in the
Of Mr.. Gaines was S353O69 o.:
those that handed Mr.. Gaines embraced
those Of Hernapdez. Gencres, Boyd. South
ern Bank, Lynch, Lee, Bender, Benham,
Wards, Sawyer and Carr; these were all on
nay list, the amounts attached to their
names as per document "a" furnished by
the board, and filed in this suit: the greater
part Of the names were with Mr. Gaines
when gave him the list, the holders giving
me tine amounts and asking me 10 see that
their interests we're cared for; these We're the
only warrants ever offered me for exchange;
Mr.. Samuel Smith called on the first or
second Of March, and called NE to help
him to get his warrants exchanged for
bonds, in case the act No. 43 became atlaw:
I told HIM I had promised a large number
Of persons, but if l could help him l would:
I Can not particulariZe what amount l
brought with me on the morning of the
fourth; had with me $4,000; all the rest
Of the list )ip document "a" were at the
k$u~~a svH tv,hc ~ XIV
Hernandez; did not count those brought:
they were put up in separate packages; of
the warrants l brought, they were owned
By these parties mentioned in the document
A, except $l7 900 OF them which owned:
had no interest il any other amount;
those I.owned were in a package of $4,000
Of that package belonged To A.
i. Lee; lave no personal knowledge OF
the ownership Of the balance OF the $4,000
shout, brought by me to Gaines, except
they were handed to me by Lee and Ward
and Hernandez; of the rest Of the amounts
Of warrants on the document A, besides the
$4,000 about, l have no knowledge, but
took Mr. Gaines word of the amount l
handed in; QUE package Of $4,000 was in,
called in Hernandezs name. which ena-
braced Lees and my own: the other war
rants brought by me were marked by the
names OF the parties to whom refer
H. G.. WARMOTH.
March, 1871.
The following is copy of the total
amount of the warrants handed i'll by the
Governor for exchange. and their character,
~ per list filed by he Citizens Bank i'll the
case:
Auditors Warrants. ...... 0,6SS 90
Warrants Board Public Works. 81 1893 ID
Total .Sl2S .C32 IL
The Civil Sheriff Damage suit VS.. the
Bank Drinking SalOom-Tne Public
school Receiver.