New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-01
THE COURTS.
United States Circuit Court.

United states Circuit Court.
The case of Adolphe Henry Stewart and
Anthony Parker Keep, owners of the steam
er A. G. Brown, against the steamship Teu-
tOnia, was decided yesterday on appeal in the
dismissal of the libel against the steamship.
II is a collision case, the owners of
the Brown claiming that by the unskilltul
management of the TeutOnia, whereby she
cOllided with their vessel, December 30,
1868, in the Mississippi, near WOOdlawn
plantation, parish of Plaquemines, they
were damaged to the amount of 10000,
for which they brought suit. The TeutOnia
answered, through her proctor, E. w. Hunt
ington, that on this day, while the steam
shin was ascending the river at eleven
O'Clock at night, three whistles Of steamer
were heard, wheTeupOn her engines were
stopped, and she blew one whistle as a sig
nal for starbOard shore, but no answer be-
ing returned, she blew three attention
whistles, meaning to say, Look out tor
yourself" and this being unanswered, she
blew one long whistle, repeating it two or
three times without receiving any answer.
Discerning the lights of steamer two
points on the port bow of the TeutOnia,
coming toward her, the pilot ordered her
helm hard-a-pOrt, which order was exc
cuted. Notwithstanding these warnings
and precautions, the steamer, which turned
out to be the A. g. Brown, kept on her
steamship, striking her on the port side IFS
feet from the stern. No signals we're given
bY the Brown. This case was appealed
from the United States District Court in
admiralty, and reached decision yesterday,
conforming to the prayer of the defendants,
E. w. Huntington, proctor, that the libel
be dismissed.
The following suits by the government
have recently been filed in this court
United States VS.. John Halberle, suit on
a warehouse bond of $23,750. The defend
ant, "says the information" having, on the
fourth of December, 1867, deposited in
bonded warehouse No. 10, class o, Isl bar
rels of whisky containing 1898 gallons, on
which the revenue tax amounted to SlI,0 17,
signed, sealed and delivered bond in favor
of the United States in the penal sum of
$23750 double the duty), and that after
ward on the first of February, 1868. the
defendant transferred the whisky and de-
posted it in bonded warehouse Nos. The
defendant having failed to comply with
the bond and pay the duties, but with
drew thewhisky, the bond is forfeit.
United States VS.. $3.50 cigars-Released
on bond. Information for violation of the
revenue laws. The cigars seized as forfeit
TO the United States belonged to Jake
LOang and there were also seized 1000 CT
garettes and eighty pounds tobacco filings,
because" the information says, these
ROOuS, Oh WHICH I6Nbuu0 ldAGS WCLO I'LL
posed, were fl und in the claimants posses
SIGN for the purpose of being sold in fraud
of these laws of the United States, with de-
sign to AVOID the payment of internal reve-
nue. taxes. The filings and the 375 pounds
of leaf tobacco were raw material intend
ing to be used in the manufacture of cigars
having no stamps on the boxes"
Divide G. Blandin has entered suit against
S. A. StOckdale, Collector of Internal Reve-
nue., who applied for and obtained writ
of ceTtiOrari transferring the case to the
United States Circuit Court from the Fourth
District Court. 1t appears the plaintiff
sued the collector to recover S424 %, which,
the government officer claimed as a basis
for the writ,was collected in his official ca
pacity.
United States District Court.
E. Z. Norton. assignee in the bankruptcy
matter of Joseph Miller, Jr., is to show
cause, on the fourth of June, why he shall
not pay w. B. Woods $3l5 for rent; also, to
show cause, in the matter of Gretzner,
WinehlI O. Co., why he shall not pay
Wentworth S44O so and costs.
William II. jackson VS. ship E. SHEER
man; George Smith VS.. steamer La Belle
Discontinued on payment of COSTS
Claimants in the suit Of j. NJ. Curran
against steamer Cherokee are to show
cause, on the fifth of June, why a new trial
should not be granted.
d. H.
Proceeds of the steamer to be distributed
as follows: /. Law charges; 2. j. R. Bari
more, $50; Jerome Henley, first mortgage,
1925: w. II. Seymour, second mortgage,
balance of proceeds. Gallagher's claims dis
missed.
Sixth District Court.
In the case of the New Orleans National
Banking Association VS.. the city, claiming
$560OO damages for violation Of contract,
in removing the Fiscal Agency, the LOuisi-
ana Savings Bank has fled a demand in
reconventiOn, praying to be made party
to the suit, and asking for Judgment de-
creeing it to be the Fiscal Agent of the city,
and to have control of all matters apper-
tanning thereto, by virtue Of an ordinance
made and provided by the City Council.
In answer to the large number Of suits
against the city, praying for the recovery Of
moneys paid for taxes during the years
1867, 1868 and 1869, the city has fled in
each case the following, which will be found
of interest
And now before the court comes the city
of New Orleans and for answer to the petit
ton herein filed, she denies each and every
allegation in said petition contained, except
such as may be hereinafter admitted, and
upon trial of this cause, will require strict
and legal proof of such averments.
The respondent admits that the said
plaintiff, at the time or times set forth in
the statement hereto annexed, and made
part hereof, paid to this respondent, for Ii
cense tax, for the year or years set forth in
This abatement, the amount or amounts
therein particularly stated and set forth
Furtber says that the sum or sums of
money received by this respondent, as
aforesaid. were truly and justly due and
owing 10 the city Of New Orleans, and were
not illegally, unconstitutionally, or under
coercion, but voluntarily paid by said plain
tiff; that such money was necessary for the
city government that it was faithfully ap-