New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-07-01
COURT RECORE.
MONDAY. JUNE 30. 1879.
FIRST District CcUrts

First District CcIrts
PLEADED GUILTY..
L.rcenv-Sam Hogan. James Crawford.
Assault and battery-George Selby.
PLEADED NOT GUILTY.
Assault and battery-Jach Jones. Arthur
Courcelle, Mike Leotts. James Miller, Will
liam Gauss, G. Keurz. Lizzie Powers, Ella
Georgia, Patrick McGinr, Angelina How.
ard. John Il. Griffin.
Embezziement-Ch Duc-os.
Obtaining money under false nretenses-
Maria Garcia.
Assault with ;n.en: 20 murder - John
False observation-disclosures l.. Smith.
Keeping disorderly house-Mary Jones
and Nary Kane.
TRUE BILLS IOCcD.
Arson-Joseph Wilson, Marx Israel.
Assault and battery-Edward Manning.
False mpr;sonment-SandyP Packer.
SENTENCED.
Rob.r. West and Beaure gard Jamison,
indicted and convicted with Robert Brown
for The murder of Isaac Walker. were sen
fenced 10 the State Penitentiary FOR lite.
Brown was granted new trial.
or TRIAL.
State W. J. Glroux and L. A. Giroux.-
Murder. Four juvymen i'm paneied.
Second District Court.
SUGGESTIONS OF Charles lIote, John Lor-
cuses, Thomas Rogers, Joseph Provost,
Charles E. Hansen Mary Murray. Valery
Selakowsky. Enoch T. Holmes and Mrs.
Frances Toerin opened.
Succession OF Hampton Elliott.-Judg-
me Mt IN favor of the succession. The DOM
Gle Of the ..ecedent declared to have been
New Orleans. Judgment against Mrs.
Mary Z. Hisley and the will she claims nm
der. Also against Letitia {. Elliott foc
dowry. In favor of Virginia Burke as the
universal! legatee Of Hampton Elliott.
Fourth District Court.
Jacob Hawkins W. New Orleans Print
ing and Publishing COmpany.-Motion for
new trial. Continued to July :.
J. II. Hopkins VS.. Garthwaite, Lewis &
Mi!ler.-Verdict Of $1,000 damages for false
Imprisonment.
Fifth District Court.
J. II. Hammond VS.. Peter Ross.-Opinion
of the court: In this ease the plaintiff con-
trac:ed with Peter Ross 70 construct a
building, on the corner Of Fourth and Pry-
tania streets, for $500, payable IN three il.
stallments of Sl400 each, as the work pro.
crossed, and the remaining $1,000 within
twenty days, and said Ross was to furnish
all the labor and hold the plaintiff harm
less against any claims therefor.
The plaintiff AYERS that he has paid Ross
some money, but that various accounts
have been served on him by workmen and
materiel men, claiming large sums OF
money due them for labor done and mate
rails furnished said Ross to carry on the
contract The plaintiff. therefore, prays to
be protected against these claims. These
workmen and material men hold that the
contract of plaintiff with Ross can not limit
their rights, and that the plaintiff is bound
to pay these bills contracted by Ross Tor
labor and material.
Hammond filed an additional petition,
saving that these workmen refused to go
on with their work. saying that they were
not paid. wherefore he himself proceeded
to finish the building. He also claims in
reconvention against Ross. $4,000.
The contract with Ross was never re-
corded, and there is therefore no privilege
in favor OF the workmen and material mel.
But am of opinion that the owner. by
his conduct. has made himself responsible.
His interference with the builder and state
ments made through his agent to several OF
the woiklaen. his purchase OF materials,
payments 20 workmen, his orders and dlrec-
tons during and concerning the work, and
his taking possession of and proceeding to
complete the same, warranted the material
men in looking TO him as the proper person
OF whom 70 demand their payments. Ross
was never pu: in default and dwindled into a
mere superintendent under his control. He
tIianmcndi was directing and controlling
the men. There must accordingly be judg-
ment in favor OF the worknen and material
men. as follows: Hunt. 500: Tournade, 1854;
Parker. $.25: TaIen. $50: Baumilley. $40:
Maggie, 800.
Sixth District Court.
John Siemmer VS.. Thomas Herman
Verdict: $1,000 damages. :" the father for
injuries 20 his son. and $1,000 - the sou tor
injuries 20 himself.