New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-07
THE COURTS.

The owners OF the steam tug IecumSeh
have filed in the United States District
Court al answer to the suit OF the brig &C.
pha against the Souder and Tecumseh.
The answer goes on to say that the steam
ship Emily b. Souder and those in charge
of her were guilty of gross negligence,
want of skill, and the charges made against
the Tecumseh and those III command of
negligence, intOXicatiOn, etc. are false.
The truth is that the steamship Tecumseh
on the thirtieth day of January. 1872, in the
evening, having in tow the Sophia, well Sc
cured to the port side, moved out from the
wharf to 90 10 the mouth of the river to
put the brig at sea, the tug being under
command OF a skillful marine. and being
thoroughly equipped, with the lights prop
ellv set in the tug and bri g both. The
pight was clear. All the lights along the
river side were discernib.e at a long dis
lance. Getting out into the river. near the
middle. head down stream. making their
way slowly and cautiously, red light was
discerned on the port bow of the Tecumseh
indicating some vessel coming to the city
from the Algiers side of the stream. At
once the helm of the Tecumseh was
put hard-aport and the signals given
by the steam whistle, warning the red
lighted vessel that the tug would 90 to the
Starboard. on the Algiers side. There was
no response. But some time after the
steamship Souder was discovered moving
at an extraordinary speed toward the Te
culnseh and her tow--so rapidly it was out
of the power of the latter to avoid the col
lison. which Immediately followed. the
Souder striking the port side OF the Sophia.
and glancing. The respondents deny the
damage was caused by any act OF their own.
Testimony TO a volumlnous extent has been
taken on all sides of this triangular fight.
L. L. Norton having filed in the United
States District Court Il bill in chancery.
alleging, on the part of J. J. Person and
others, fraudulent transfers of property in
bankruptcy, an injunction was yesterday
granted restraining the defendants from
further proceedings in this direction.
In the suits of Myra Clark Gaines against
Messrs. Lizard and others, in the United
States Circuit Court, the complainant in
these six cases is to show cause on the thir-
teenth why a new trial should not be
granted on IL late motion, SO that there NAV
be but one trial of the suit involving the
validity Of the requests of the late Daniel
Clark.
In the suit of the same complainant
against Messrs. Compton and others. a rule
is taken to show cause why new trial
should not be granted on the motion made
for an in JUNCTION.
In the Eighth District Court suit has
been entered against the New Orleans Gas
light Company by a stakeholder. praying
for the wit of mandamus to compel the re-
issuance OF a certificate for forty-two shares
of stock in the company, III lieu OF a cert
ficatc said 10 have been lost. 1t Is averred
that the cOInpany's refusal to comply with
REALTORS demand has entailed 500 worth of
damage which amount is asked from the
count.
In answer TO the petition filed by Mary T.
Wheyland 20 compel j. Pickney Smith and
l.. j. Snuer 10 issue warrants for the mile
age and per diem due the late w. X. Whey
land. L. j. Souer has filed an answer in
which he AYERS. that during his life time
Walter K. Wheyland gave an order for the
payment Of all mileage and per diem due to
him. and that there being nothing now due
to him, the prayer for mandamus should be
dismissed.
In this ease testimony was taken III the
clerks office on Tuesday, when there were
present both claimants to the warrants.
1t seems that Mrs. Wheyland, who brings
the petition for mandamus, files a marriage
license, and also an unsigned certificate:
vet one of her witnesses swears that she
heard Justice Meyers pronounce them ire
lator and Walter K. Whey landl IMAM and
wife
In the Fifth District Court George Z.
Bo>ee has brought suit against the Gov
ernor and Messrs. Heron, Badger and
for damages, as disclosed in the
following extract:
The petitioner represents that he was
elected Secretary of State for Louisiana on
the seventeenth and eighteenth days CT
April, 1868. at IL general election. and was
commissioned and qualified to Office. and
entered upon the discharge of his duties on
the fifteenth June. 1868; that his term Of
office by the constitution was four wears
from the first of January, 1863: that lie con
tinued IN the discharge of the duties until
the the twentynlnth of August, 1871, when
II. {. Warmoth. Governor OF the State of
Louisiana, Frank }. Heron. a. S. Badger
and X ID. Edgeworth. all residents of the
city of New Orleans, com bning and unlaw-
fully contederating together to deprive and
t0rcihlv Jet him from his Office of Secre-
tary Of State, did, forcibly and violently,
without any warrant or authority of law, en-
ter the office OF petitioner forcibly eject him
from his Office. and did arrest and iuyriSon
him In the lookup OF the First District Of
New Orleans, and there kept him confined
and detained i'll prison for six hours; shat
IL {. Warmoth, Heron, Badger and Edge
worth. after The arrest and impIison-n, NJ Of
your petitioner, did wrongtuliy and unlaw-
fully take possession OF his office, o.oils
papers ami furniture, with the great seal
OF State, aud unlaw fully placed Heron in
possession. And Your petitioner charges,
that by reason of the imprisonment by the
he has been greatly outraged
III his feelings, suffered great peeuniary
loss, and by reason of the premises has sui
fered damages to the amount of LOCO.
Wherefore, he prays that all the parties
be condemned IN solidO to pay tie sum OF
$4,000, with all costs.
The death of Peter Cartwright may De