New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-08-20
COURT RECORD.
TUESDAY. AUGUST l9, 1873.
Superior District Court.

superior DiSLE1Ct
Herman Newgass VS.. Antoine Dubuclet,
State Treasurer, etc. Clinton, Auditor
This is an application for a writ OF man
damus, to compel the State Treasurer to
pay the warrants of the relatOr. NeWgass.
at the reduced rates agreed on by MIN at
the late auction sale OF warrants.
Mr.. Voorhes presented petition of in
terventon on behalf Of outside artles1 and
the court refused to allow the same to be
filed, stating that an intervention could not
be filed in mandamus proceeding.
They then proceeded 70 try the case upon
its merits Mr.. Newgass. the relator,
swore that he presented his warrants tor
payment. at the said reduced rate; that al
though ne offered to pay an amount OF
money sufficient to meet the said warrants,
Dubuclet refused unless he would be al
lowed time to inspect them. Mr.. Dubuc!et
swOre that he made no refusal; that NJ.
Newgass presented bundle purporting to
be warrants at his office yesterday; that he
| requested tine to inspect the same. to see
that all were correct: that the request was
refused, and, therefore, not knowing really
what the bundle contained, he refused to
give any positive answer to his formal de-
mand.
MIR. Clinton testified tina: he entrusted
Mr. Newgass with sufficient amount OF
money to pay the warrants sued on; that
Mr.. Newgass in company with two OF bis
clerks, presented the said money to Mr..
Dubuclet, in settlement of the accounts Of
several tax collectors, and SO he is informed
said Dubuelet refused to receive it.
The court, after reviewing the testimony
and evidence, stated that there was no
doubt but that tho relatOr was entitled to
be paid as stated in the petition, and that
although his demand was not accompanied
with careful precision as regards some lit
Ni &t,nT
avail himself of all these trivial techni-
calities. He saw no cause why the writ
should notsbe made peremprOry as pre-
sented by respondent.
The court therefore ordered that the writ
be made peremptory as against Dubuclet.
The respondent (Clinton) expressing his
willingness to comply with relator's de-
mand, the mandamus as against him was
ordered to be dismissed.
First District Court.
INFORMATIONS FILED.
Assault and battery-Thomas Conley,
Alice O'Neil.
Assault with dangerous weapon-John
Wynne.
Assault: with intent to rape-John Will
liams.
Wounding less than mayhem-Annie For.
tune. C. II. Voght.
Ootdiuiu& IuOACv uuucI 1dISc ukClcuCcS-
William Hollis, Mike Coleman.
Embezzlement-yulius Robinson.
False imprisonment-A. Cartwright.
Larceny-Eugene Foster. JEFF Valentine.
Ed. Manning. James Finnegan. James
Sutherland.
Entering dwellinghouse in the day time
and larceny-Mose Eastman.
Entering an office in the night time and
larceny-Joe Albo, Charles Norey.
SENTENCES.
James Lewis, assault and battery. one
day in Parish Prison.
Same, larceny. eighteen months in Peni-
Tertiary.
Walter Smith, assault and battery, one
month in Parish Prison.
DISMISSED.
John c. Smith. dangerou. and suspicious
character. Affidavit dismissed.
yERDICTs.
Aiphonse Jordan, breaking and entering
store in the night time and larceny. Ver-
dict. guilty.
Richard Williams, larceny. Verdict. not
guilty.