New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-29
NEW ORLEANS, SUNDAY, JUNE 29 1873.
Court Itemss

They are likely to have some nice times
in the United States Circuit Court one Of
these days. The pleadngs in the cases Mr..
Carson Nudge has entered make some
pretty decided issues. He has sued three
parties. The city, for damages suffered
May 6, $1,000; and injury to his credit, be-
cause European gun dealers don't like to
trust people for guns when they live where
rioters have such habits, $4,000 more.
Then he has gone for two Of the signers
Of that bond.' Messrs. John A. Peel and
". Van Benthuyser. in separate suits. In
each case :he pleadngs are the same. The
plaintiff asserts residence in the State of
Mississippi. recites the bond with John
McEnery as principal. these defendants
and others as sure:ies. and asks for judg-
ment of $1,000 in each case.
The defense first filed a plea to the juris-
diction. alleging they could prove the plain
tiff did not live in Mississippi. On this a
commission to take testimony resulted in
the evidence of three parties at Tontine that
Mr.. Nudge did live there, or at any rate said
he did, and had a certificate OF the court
that he said so. Then the defense filed a
peremptory exception. setting forth that
there was no cause Of action, no breach of
condition alleged, and that all the joint
obligors shoul1 be joined. Reserving these
exceptions, they fled answers in these
words:
At the time Of his signing said
alleged bond none of the words now therein
written in blue ink were in said bond, but
the spaces now occupied by the words
written in blue ink, as aforesaid, were then
blank, and were written in said alleged
bond after his signature thereto and with
out his authority or consent, and that the
said words so afterward written in said
bond and the words Carson Nudge" and
the word Nudge" wherever they appear
in said bond, and also the words five thou
sand" where they occur in the condition of
said alleged bond, and also the word
twenty" The answer further declares
that the bond was signed under representa-
tiOus that the arms were to be used for no
other purpose than for the use of
volunteer militia in drilling. 1t de.
MES that any arms were delivered
when the bond was signed; that March 4,
1873, the plaintiff delivered to Cavaroc,
| Calvin, Sheehan and others arms, etc, "tO
| be used by them for the unlawful purpose
| OF committing breach Of the peace, and
| in violation of public order, against the
peace and dignity of the State; and that the
! unlawful purposes aforesaid, and intent OF
| the said parties to whom said arms were
| 80 delivered, were well known to the said
plaintiff at the time he delivered the arms,
| etc; and that the said arms, etc. which he
| seeks to recover the value of in this action
are the same that said plaintiff delivered to
the persons and for the unlawful purposes
| aforesaid.
In the State courts. some persons serving G
| on juries have got themselves in a nice box
Mr.. S. Salvador. a talesman, approached
Mr. Fusilier with proposition Of mutua
advantage, provided his name could be go
on the panel. Mr.. Fuslier pumped hin
sufficiently well to elicit information for th'
grand jury. which will probably make Mr.
Salvador sick. In another case a practl
toner at the bar had a brother on the jury
and offered his valuable assistance as JUNO
to the counsel in the cause. Whether b
made the indiscreet remark about hi
brother or not, both Of them must feel un
comfortable at the present writing. Their
are naughty things in regard to thir
juryman, but Of these deponent aai.
nothing.