New Orleans Republican., 1873-06-18
Court Items.

again yesterday during the progress OF the
made. The defense attempted - open their
case by putting Judge Hawkins on the
stand as their witness. Counsel for plaintiff
objected on the ground that he could not be
used as a " itness against his consent in that
s.arner. The proper way was to PROFOUND
iutsrrogatorie3 The court sustained the
objection.
Governor Warmoth was then introduced
for tie purpose Of showing that the returns
were never out of his possession, and con-
se4uently never could have been in the
hands of the Lynch returning board. This
was Tcled inadnissible on the ground that
the maui had already been passed on and
declared foreign to the case under the
pleadings. Mr.. Ogden then raised the
question and was checked by the court.
Mr.. Ogden said he desired to have his
clients c: e come before the Supreme Court
"a proper shape. and he proposed to put
these questions uu: il the adverse rulings of
the court were completely understood. How
could the Supreme Court decide on the case
unless they could have what he desired to
prove before them. The court decided that
it would overrule any motion to introduce
any testimony in regard to the returns,
being before the Lynch returning board.
Mr.. Ogden then proposed to dismiss Messrs
Longstreet. Wharton, Lynch, Rodrigue..
Heron and Bovee, who were only in at.
tendance to prove these facts. He proposed
,take a bill Of exceptions to the ruling
that would exclude this testimony. Plain
tifi's counsel said they would agree to any
bill of exceptions that Mr.. Ogden would
draw up.
Mr.. J. c. Morris was then called, and the
defense start,d to examine him on the min
utes. Mr.. Ogden called for them, but they
refused to appear. Sherifs and clerks de-
voted half an hour in searching for them,
but they didn't come. But q 7corda1t
spirit did. Mr.. Ogden said, while we were
waiting he desired, that the time might not
be wasted, to settle one disputed point.
Doubts had been raised as to the existence
Of a certain witness. 1t was said that the
witness was buried in Locust Grove Gene
terry. He wished to introduce certificates
city that no person of the name Of Pelagie
Grown had been buried in any of them.
The sudden appearance of this purturbed
spirit from the vastly deep made a sensa-
ton. But Judge Cooley seemed pretty well
prepared and was ready for the ghost He
said perhaps she wasn't buried, but she
was dead He made no ironic reference to
hardware at this time. Some Of her wasn't
buried just then anyway for he had her
skull in the courtroom. The court said he
had cOnversed with Coroner Roach, who
declared he had held an inquest on the
woman and that she had been cut up by
DR.. Nichols. After some more talk, the
grave yard documents were withdrawn
and Mr.. r. B. Rhett, Jr.. was put on the
stand. Mr.. Morris standing aside to wait
for the lost minutes.
Mr.. Rhett stated that he was the manag-
ing editor Of the Picayune. and had full
control. No director or stockholder inter-
fered with him about the columns of the
paper. Counsel read an editorial from the
Picoynnc of September "A. 1872, defining
his position. MrOgden then asked. referring
70 the alleged hbelous article, if witness had
been influenced by any personal feeling ia
making it public. Plaintiffs counsel ob-
iected, arguing that personal spite had
nothing to do with it. Mr.. Ogden contended
he could show 6y this witness that motives
g ha puhIIs unDd governed the Oubljca-
ton. Poin: reserved for authorities to be
presented today. Mr.. Ogden said he was
compelled to 20 to the jury stripped Of his
proper defense: that he might as well lay
his clients at the feet oi the Jury and tell
them to spoliate them. Judge Cotton
seemed to sympathize. tor he immediately
gave notice that he should move to-day to
strike from the defendants answer all hut
the general denial. The court then ad-
journed TO to-day.
In the First Distric: Court Alfred Dupre.
a Jealous and efficient police officer of the
first precinct, was acquitted by jury on
the charge of falsely imprisoning one Con-
wav. The facts of the case were, that April
Mr.. Dupre attempted to arrest Alex.
Biackie, who was drunk and disorderly.
Conway interfered and tried to prevent the
arrest. The next day officer Dupre ar
rested him. An information was tiled by
the district attorney for the crime OF false
imprisonment. The case was fully tried,
and after the verdict Judge Abel said that
before discharging the accused he desired
to say that he had known some cases of
false imprisonment by police officers, but in
this case he was glad to say Mr.. Dupre was
fully justified in making the arrest, and had
acted perfectly right. He complimented
Mr. Dupre very highly, and congratulated
him on his honorable acquittal.