New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-05
COURT RECORD.
United States Circuit Court.

| United States Circuit Court.
Presentation. f. H. Durell, district
judge.
| In accordance with a communion from
the Secretary of the Treasury all moneys
received by the registers are ordered to be
paid to the sub-treasurer, B. F. Flanders,
instead Of to the national banks as hereto
fore.
Judge c. N. Beverly was appointed crier
of the court.
United States District Court.
United States VS.. HadnOt ct al.-Murder
in Grant parish. Arraigned and pleaded
not guilty.
Superior District Court.
The case of Christian Boye vs.. Merchants
Mutual Insurance Company is on trial.
The following petitions have been filed:
Edward Booth va. city of New Orleans
Intervenor John T. Hanlon sets forth that
he is the holder of ten bonds issued under
the provisions of the law set forth in plain.
tih7s petition establishing parks, each bond
being for $1,000, dated September ], 1871;
that the proceeds of the park are to be con-
secrated to the payment of said bonds; that
two coupons are past due; that it the tax
be declared illegal the bonds would be de-
preciated $4,000; he denies all allegations of
the plaintiff as to the invalidity OF the laws;
asserts their cOnstitu:iOnality, and prays
the demands of the plaintiff be disregarded.
Edward Booth va. city of New Orleans
Intervenor Fredl G.. Burthe alleges. owner
ship of land worth 1000 adjacent to the
City Park. that it's value will be diminished
if plaintiffs petition be sustained at least
$4,000, and if plaintiff 8 demands be rejected
aud the park completed according to the
statutes, will be increased at least 5000;
that intervenor is a native and taxpayer OF
the Sixth District, and has the same right
to maintain the legality Of the tax as the
plaintiff has to resist it.; denies the allega-
tiOns OF the plaintiff on the constitutiOnality
of the law; that the park is for the public
health and to increase the value of prop
eroy and tighten the burdens Of taxpayers;
that the park has been partly paid for by
the issue of $500, 0C0 OF bonds, and if pay
ment of these be restrained the auditors will
enforce their lien, and the park be lost to
the city, together with the sum already
paid; that the park includes batture prop
erty of great value; denies the allegation
that the tax was imposed without the con-
sent Of the people of New Orleans. and
concludes with a prayer that plaintiffs de-
mands be rejected.
Commissioners Of immigration vs.. Ed.
F. Stockmeyer L. Co. ct als.-Snit for 5000
Tor the landing of $40 immigrants. Novem-
Der 49, from steamer Kohn, plaintiffs being
entitled by law to s. per head.
State ex. rel. II. w. Benjamin vs.. Antonio
Dubuclet, State Treasurer al
leges the ownership OF ninety-four war
rants Of the Auditor on the general fund
appropriated to pay salaries Of constitu- |
tiOnal officers, amounting to SIS, DO SO that |
payment has en- demanded and refused, |
on the ground that there is no money in the |
treasury 70 the credit of the general fund |
petitioner AYERS the contrary that there is |
in the treasury. collected under act No. 80 |
IN <h,< 49, 4 ,<c
were drawn in payment of the salaries OF |
judges for 1872 that the Legislature has |
no right to assess and collect under act Ne. |
30 the said fund to the exclusion Of the |
salaries of State officers; that the act is
unconstitutional, and pray 8 for a nandamus |
ordering the Treasurer to pay the said |
amount. Rule nisi issued to show cause |
why the writ should not issue Thursday,
December 9, 1873.
First District Court.
ARRAIGNED.
Thomas F. Taylor, Lizzie Auguste, alias
Gibbs, assault and battery.-Plea of guilty
Of assault.
Frank Carpenter, murder.-Plea of not
guilty.
NOLLE PROsEQUI ENTERED.
Assault and battery.-Thomas Mcclure,
Peter Blaize, Rufus Franklin.
vERDICTS.
State We. Joseph Anderson, assault and
bat .ery.-Guilty.
State vs.. N. Rogers, assault and battery
Not guilty.
J: SENTENCED.
State VS.. John Tresser, assault and bat
tery.-Ore day in Parish Prison, or pay
costs of prosecution.
GRAND JURY.
The following were impaneled as Gle
grand jury tor December, January and
February:
Edward Riviere, foreman; Paul Wallace,
Patrick Cannon, NJ. w. Cloney, Clovis Gal
lard, j. B. Castagnola. John F. Moore. j. j.
Roux, NJ. D. Bergevin, Thomas Faucet, H.
Degro, j. Maritche, Louis s. Metz, w. K.
Mason, George w. Clark, Robert Williams
Second District Court.
SUGGESTIONS of Jean Baptiste Riehl and
William d. Peterson opened.