New Orleans Republican., 1873-07-23

he now attempts TO enolter nlmeell Dy Qe
clining to answer. 1t is well understood
| intends to dieobey. He is in opposition
the order of the court and should be pun
isbed by fine and imprisonment.
| Judge VOORHEES, took mp the legal point
| of the defense and argued that the Treas
urer had still the right of appeal. He at
| tempted to bring the case of the State vs
| Soule to bear on this point. Mr.. Filleul fol
lowed on the question of intention of con
| tempt. He suggested that although tht
Attorney General is the legal adviser o
the Treasurer, his advice may be disre
garded. He said he was of the opinion I
mandamus would lie to compel the Attor
ney General to take an appeal.
Hon. William H. Hunt closed the case
He reviewed the evidence, showing q com
plete knowledge on the part of Mr.. Dubu
clet Of the order of the court. He had ap
peared. There was on file an answer ovel
his own signature. He had appeared BY
special counsel. The court had refused t.
hear that counsel. He had consulted will
the Attorney General. He knew of tht
mandate of the court. He had been heard
He knew the Attorney General would moi
appeal. He comes here this morning with
his crude notions backed by strong ring
of brokers to oppose his opinion against
the mature judgment of the court. He has
only one means to avoid the consequence
He must comply with the order Of the
court if he desires to obtain immunity fol
the future and forgiveness for the past.
The court said: The case has taken q
wider range than the law entities it to.
This is proceeding against the Treasurer
for cont empt in refusing to execute a
mandate of this court. He has only one
detense-either to comply with the order
Ors Onfai6o nj
which prevents him. He can not be per-
mitted to plead the exceptions that have
been urged. The Attorney General has
been designated as the proper officer to
defend the Treasurer. That question has
been passed upon by this and by the
Supreme Court. The other defense urged
that he was not properly served or that
the copy was not attested is of no moment.
The order was taken from the minutes.
He can not urge it. Even if it were proper
defense it will not avail him now. He comes
into court and when asked if he is ready to
obey its order he refuses to answer by ad-
vice of counsel. When he stands mute he
must be held as in contempt. He had only
to say he would comply with the order. l
am satisfied he meant no contempt at first.
But he has been controlled by influences
which the court has already passed upon
adversely to him. If the Treasurer were
allowed by this means to prOlOng the case,
then there would be dead lock in the
treasury. 1t is not contemplated in such q
case as this that any delay should be al
lowed. The mandamus, by admission of
counsel, was to be signed instanter. Any
appeal must be taken Immediately. Any
other construction would defeat the statute.
There is nothing new in this defense.
have to perform an unpleasant duty, but
am without discretion in the matter.
The defendant is high officer OF the
State; one for whom personally entertain
great respect. Whether he has been acting
under advice or misrepresentation makes no
order of the court, see no other way than
in the language of the law to commit him
until he Obeys the order Of the court.
The following order was then placed in
the hands of deputy sheriff, who escorted
Mr.. Dubuclet to the Parish Prison:
New ORLEANS, July %, 1873.
State of Louisiana ex rel. e. II. Hyams,
and Moore, Janney g. Hyams vs.. Antoine
Dubuclet, Treasurer. and Charles Clinton,
AuditOr.-Superier District Court for the
parish Of Orleans, State of Louisiana, No.
6O93.
TO William P. Harper, Civil Sheriff Of the Parish
of Orleans, Greeting:
Whereas, Antoine Dubuclet, State Treas.
urer, the respondent herein, has been tried
and found guilty Of contempt of the au-
thOrity Of this honorable court. and SEN
fenced to be confined in the parish Jail of
the parish Of Orleans until he has rendered
obedience to the mandate of this honorable
court in the above entitled and numbered
case; now, therefore, you, William P. Harper,
sheriff aforesaid, are hereby commanded,
in the name of the State of Louisiana and
of the Superior District Court for the par
ish of Orleans, to attach the body Of said
Antoine Dubuclet, and him
keep in Jail until he has rendered obedience
to the mandate of the court: and what
you do in the premises you make return
thereof with this writ, to our said court, as
the law directs.
Witness the honorable Jacob Hawkins,
Judge of the Superior District Court for the
parish of Orleans, in the State of Louisiana,
this twenty-second day Of July, 1873, and
the independence of America, the ninety
eighth. GEORGE w. FLYNN,
Deputy Clerk.
At four o'clock Judge Hawkins was
called upon at the City Hotel by Mr.. Camp
oell, a confidential clerk of Mr.. Dubuclet,
who satisfied him that if the Treasurer
we're released the mandate of the court
would be complied with; whereupon the
udge issued an order to the Jail keeper di
ectlnS MS OlscaarEe.
First District Court.
State vs.. Frank Crawtord.-Robbery.
Verdict, guilty.
State VS.. Jack Jones.-Breaking and en-
ering dwellinghouse, etc. Plea OF not
,uilty.
State vs.. Richard and Margaret Bell
durder. Plea of not guilty.
State vs.. Joseph Vallador:-Burglary and
arceny. Verdict, guilty of larceny. This
onvict has stood mute from the time of his
rraignment. He has been tested by physi-
ians and pronounced sane. He can talk
Ike book when out of sight of judge and
lry. In the language of an attache Of the
ourt, "he played it WE'LL" for the court
en- ntenced him to only one month in the
'arish Prison.
State ys. J. hn Goul.--Burglsry and lar
eny. Sentence. six years In the Penlten-
larry.
State vs.. Mike McDermott.-Larceny.
|ne year in the Penitentiary.
State VS.. Julia Burke.-Larceny. Nolle
rOsequi entered.
State VS.. William Williams.-Larceny.
'erdict, guilty.
State VS.. Sam Brady.-Larceny. Verdict.
uilty.
State VS.. William Misunderstanding a
yelling house in the night time. Verdict, |
uilty.
The community may congratulate itself |
nd District Attorney McPhelin on the |
'ork OF the past two days. Nineteen en-
lies OF guilty is the record.
Meteorological and River Report.
The signal service, United States army,
,ports, for the benefit of commerce, the
record, and rise or fall of