New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-20
THE COURTS.
Fourth District Court

FOufa0 Dlstf1ct Court
James B. Taylor ct al. Va. Charles Laucr-
new trial has been granted in this case,
in which Judgment for plaintiff was rem
dcred last week. Roselills & Phillips for
defendants and plaintiff in rule. Wallace
& Handlin for plaintiffs.
The cause of this suit is the title to certain
property on Live Oak street. between Sixth
and Washington.
Smoker ct ais vs. Lathcrs. This case
was up for trial yesterday. 1t appears that
up to October II, 1868, petitioners were in
tcrested in line of steamers plying be
tween this city and the city of Vicksburg.
carrying the United States mail, consisting
of the Frank Pargoud and Robert T.. Lee,
leaving on each Tuesday and Thursday, L.
L. Leathers being during that time part
owner and commander Of the General OMIT
man. October Fl. 1863, the General Quit
man slIak and became a total loss, when
petitioners, who were interested in the Sat
ur'lay departure of I.eathers for Vicksburg,
entered into a contract with Leathers to
have him take command of the Governor
Allen and place her in the Vicksburg trade,
departing with Che mails every Saturday.
he to receive CDe-fOurth the profits OF said
boat III that trade; said contract was to
continue until Leatiiers could complete Il
new boat, upon the completion OF which
the petitioners were to have One-third in
terest in her, and she was to take place Of
the Governor Allen.
Accordingly petitioners chartered the
Allen at the rate of $4,000 per month, and
placed her ut the disposal of Leathers, who
departed with her on the regular day, and
upon his return expressed himself pleased
and satisfied. While on the second trip. he
met the steamer Belle Lee, and leaving the
Allen in charge of 4 subordinate officer. re
turned to New Orleans on the Belle Lee.
Upon the arrival of the Allen from Vicks-
burg. Leathers obtained from her all her
orders for Il return cargo, and taking from
her her crew, etc, transferred both crew
and orders to the steamer Belle Lee. and
departed with that boat on the Saturday
following for Vicksburg. Rnnnin. the
Belle Lee until April l, 1863, he put the
steamer Eicksbnrg i'll her place. Petition
ers Cndcavorcd to induce LeatherS to com
ply with the terms oi his contract, and re-
turn to the Governor Allen, but without
avail.
I. is claimed by the petitioners that the
Belle Lee. while in the Eicksbur. trade.
earned Il net profit Of S;'0,000, which would
have reverted to the Governor Allen had
Leathers fulfilled his contract with petition
ers. 1t is furthermore averred that the
Allen could not be run against the Belle
Lee without loss-One 1rip having resulted
i'll Il loss of $500.
Wherefore, petitioners pray thai they may
obtain Judgment against said Lrathers in
the sum OF $4,000, fov non -tul;lllment OF
contract.
Leathers. in his answer, claims that upon
urgent advice of X. w. Adams. one OF pc
titioners. he went to Louisville to charter
the Belle Lee for the Wick sbur. trade. and
while there received offer from Adams Of
the Governor Allen or the Par.oud.
Before the Belle Lee could arrive the
Allen was put i'll for the interest OF all par
tics. After two trips by the Allen the Belle
Lee arrived, and Leathers was obliged to
fulfill the terms of charter made with her
owners. He offered to carry the mail every
Saturday by the Belle Lee. free OF charge
and !. i've Adams additional privilege of one
third interest in the new steamer Natchez
He denies that there is claim for dam
ages, and AYERS that the Allen WAS benefited
by "A transfer tO the Ouachita trade.
Fifth District COurt-AnOiher IInbens Cor.
charged.
This mo-nn. a writ Of habeas corpus was
applied for before Judge Leaumont, by the
of Noses Gibbs, charged with the
MURDER Of colorcd man recently on board
OF the steamer Wild Wagner, while said
steamer was in the parish of East feliciaua
The petition, which was drawn upsby
Colonel Field, counsel for prisoner, set
forth that the information against the priS-
Oncv. upon which the commitment was
based. was illegal. vague and uncertain, in
not stain. who the party was alleged to
have been killed. or where and when it took
place, etc. Colonel Field also read the
i'll which the accused is desi.-
mated as Morris Gibbs. and not Moses
Gibbs, and tor this reason alone claimed
that his client was entitled to q discharge ii
for no other.
Colonel Field. after shown. by Captains
Botfingcr and BrolasEi that the name of the
accused WAS Moses, and not Norris Gibbs.
read from Davis Justice under the head
of commitments, page los.
But it is necessary to set forth the partic-
ular species of the crime alleged against the
party with convenient certainty by what
ever authority the commitment is made.
Hawk o. C., 10 S. Ii.
If it be for felony it must contain the
series of felony, as for felony OF the death
Of j. s.; or tor burglary i'll breaking into
the house Of J. s., and the reason is that it
may appear to TIE judges upon the return
of Il writ OF habeas corpus whether it be
felony or not. Two evils, I5S, IJ9.''
Judge Leaumont. after looking into the
matter and examining the law, decided that
the commitment was faulty, and as there
WAS no evidence before him against the pris-
ment WAS made by Recorder lIoushton.
sixth District Court.
The late Commissioners of WatcrwOrks
VS.. the City Of New Orleans.-In this suit,
which has been occupying the attention Of
Judge CoOley's court for some little time.
md in which the late Commissioners of the
w NatcrwOrks are seeking to recover from the
'lty a certain amount as salaries, and a GER
ain amount for negotiating bonds. Judge
Alexander Walker has given upon the wit
less stand the following testimony:
According to a resolution passed before
he Board OF Aldermen, it Was decided to
ease the City Wattrworts to Frank |
Wheaton for Il number of years, whereupon |
Mr.. lIoyle took out an injunction to re-
train the city from 80 doing. together with |
IL in junction to restrain the city from sell
ne its interest in the jackson railroad. The
Of Watcrworks thinking
here was something "shaky' i'll the injunc-
ion obtained by Mr.. Hoyle. employed the
witness to take out another injunction to
estrain the city from selling or leasing the
to Wheaton, which Was accord
ugly done.
After the witness had obtained tho in
lnction he was approached by certain par
les. who informed him that they had OBJ
aimed IIoylc's consent to have his inunc-
on dissolved and they desired witness to
isniss him also, saying at the same time
rat the Council would assemble that
vening, 8nd the act leasing the water
,orks to Wheaton would he passed. and
nat inasmuch as he Judge Walker) had
cen put TO some trouble to procure said
junction, check was ready for him in
ny amount that ne considered as requisite
II his fee.
Upon crOss-examination counsel for city
ut the following questions, and we give
udgc Walkers answers: