New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-05

] been for long time before, nor since, and
, that it had been, and was, impossible for
| him to obey said writ, but depOsiting in
| court the said box and certain written
| agreement therein. The defendant was
sworn. and stated the same things under
| oath.
| The court, however, after very severe
| oral opinion, sentenced the defendant to a
| fine of fifty dollars and ten days imprison
ment in the Parish Prison.
Deeming the order of the court arbitrary
| and severe beyond warrant in the premises,
| and after, by defendants oath, it was shown
| that no real execution of said writ could
have been made. 1.-THE valuable property at
| tempted to be seized not being in the pos
session or control of defendant, and he hav-
| ing no interest therein whatever, except as
CUSTODIAN, my client sOlicits executive
clemency in his behalf to remove what he
believes to be the effect of an arbitrary and
uni ust decree OF said Sixth District Court
His position as president of the Louisiana
Savings Bank demands his continual time
and attention. and by his imprisonment I'M
der the order OF court the interests of said
institution, as well as a large commercial
community dealing with said bank, must
greatly suffer.
He further reiterates that he never in
tended any contempt Of the orders Of said
court: that he has not had any interest in
the matters in controversy, but believes
himself to have been made defendant in
said cause for unworthy purposes.
And as in duty bound. he will ever pray.
etc. CHARLES S. RICE.
His Attorney.
On the face Of this statement which We
have every reason for supposing correct,
what right had Judge Cooley to commit
this outrage against the liberty of a citi
zen? When Judge Cooley had ascertained,
through legal means (the oath Of Mr.. Van
Norden) the contents Of that box, all was
done which reason or justice could sane
ton or allow. But how. in common
sense OF right reason, was Mr.. IVAN Nor
den expected to produce il court papers
which had, long before the service Of the
writ, passed out of his possession Are
impossibilities among the requirements
Of the judicial process Of the Sixth
District Court? or is the legal or per-
sonal curiosity Of the judge thereof SO mo-
mentous that ten days must be passed in
the Parish Prison by anybody who do
feats it?
But this, it must be admitted, is not the
reason Judge Cooley assigns for the pen
atty he imposes. He says:
There is a disposition among moneyed
men. capitalists, bankers and. Others, to not
pay the slightest respect to orders from
courts of justice; they think they can do
whatever they please, and as for the Sheriff,
they cere as much as they do for their hats.
This is the first time we have heard of
it. Usually, men Of property are very law
abiding citizens. They have much at
stake, and are most injured when tumult
and riot prevail. Certainly, this is not
the reputation borne by our bankers and
men Of property They are the last to en-
gage i'll disorder and resistance to the law.
But Judge Cooley evidently dislikes this
class of citizens for with an air OF gratu-
lation he proclaims that
| am glad to find a man who occupies a
prominent position. and will make of him
an example FER the benefit CT ether prOmi- |
nent men.
So intense indeed is the judges dislike
OF prominent men that, secure in his !
official position, lie ventures to offer to Nh
Van Norden the grossest insult that can be
given to a gentleman. He intinlates that |
he has not sworn to the truth, for Judge |
Cooley proceeds to say:
| have my own notion in relation to the |
time when the securities got out OF the box. |
1t is strange that party who has in his |
possession an empty box should refuse to !
deliver i up 10 the Sheriff. | can not see |
the use OF fighting about an empty box.
Now, most people imagine that cour-
tesy and civil department are peculiarly
incumbent on d Judge; tina. 70 insult z
prisoner is ike striking a man bound hand
and foot; bat perhaps in the code of judi
cial pclitene,s Of which tie judge Of the
Sixth District is such shining and bril-
liant example. appointment men, bankers,
men, were not considered leeiti-
mate subjects on whom to practice the
virtue.
On tbs hypothesis, and none other, can
We account for the acrid and insulting tone
# Judge Cooleys decision.