New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-29
COURT RECORD.
FRIDAY, NOVEMBER %, 1873.

FRIDAY, NOVEMBER %, 1873.
l. First District Court.
EoLLE PROsEQUI ENTERED.
Embezzemeut j. Jacobs, Jr., Jose Mar
| tinez, alias Pachero.
| TRUE BILLS.
State vs. Frank CarDenter-Murder.
| State VS.. Henry c. Belden-Obtaining
money under false pretences.
VERDICT.
| State VS. Laurence Bauman-l. Entering
an office in the day time with intent to
| steal. 2 Larceny. Guilty on the second
| count.
| State vs. George T. Converse-Embezzle.
ment. The accused is charged, as paying
| teller of the WOrkingmens' Accommodation
| Bank, with wrOngfully using and dispos-
ing of S$ll 1873 %, which was in his posses.
sion by virtue of his said capacity.
Second District Court.
The following successions: Mrs. Virginia
| Hall, deceased wife of Charles RObb; Chris
topher Finnin Henry A. NJ Farwell, and
William Low, have been opened
New Orleans TOwboat Association vs.. G.
| w. Howell-The plaintiffs, +. A. Norke,
William G. COyle, Joseph Leach aud George
w. Hynson, demand 100000 of c. w.
Howell, captain Of engineers, United States
army.
Fifth District Court.
The following interesting petition has
been filed in this court:
To the honorable the Judge of the Fifth District
| Court for the Parish Of Orleans, State Of Lou
| isiana
The petition of the New Orleans TowbOat
| Association, domicIled in New Orleans and
composed of Edward A. Yorke, William G.
| Coyle, Joseph Leach and George w. Hyn-
-. 1 II,
| w. Howell, captain of engineers of the
| United States army. of the same residence,
is justly and truly indebted TO petitioners
III the sum of 100000 for the causes herein
set forth
Petitioners represent that they are at the
present time and were at the time the
| cause of action herein arose assO0l-
ated together for the purpose OF let
ting for hire steam tug boats Tor salvage,
| wrecking and towing services in the waters
! of the Mississippi river and those of the
Gulf of Mexico adjacent thereto, dividing
the profits of the enterprise among the asso-
citation; that for these purposes they had
under their control and management, and
still have, large number of steamboats,,
| with machinery and appliances adapted to
purposes OF towing, salvage and wrecking,
and are known IN this capacity as Tine
New Orleans TOwboat Association y that
the business in which they are engaged and
|
and in the interests of commerce
Petitioners further represent that the
New Orleans Tow boat Association, both in
their associate capacity and as individuals
in their private character, have been known
heretofore throughout this community and
tue United States being possessed of a
good reputation for honest dealing and es
teeIned for their good name, fame and
credit and repute for legitimate pursuits
until The time of the grievances hereinafter
specified charged against them by the de-
fendant, defendant well knowing at the
time the said charges were made by him
that they would be imputed against plain
titfs as an association and as individuals;
that plaintiffs, neither as an association nor
rs individuals, i'll any capacity whatever,
have been heretofore charged as guilty OF
the otienses, misconduct and acts charged
and imputed by defendant hereinafter
mentioned. yet this defendant, Z, W.
Howell well knowing the falsity of the
statements in the premises but cOntriving
and wiiltully and maliciOusly intending to
iuiurc the g Oud name, fame and credit, and
bring into public scandal, infamy and dis
grace among their neighbOrs, associates
and the community here and throughout
the United States, caused it to be suspected
that the New Orleans Tow boat Association
and the individual members thereof were
guilty of the misconduct, Otfenses and acts
hereinafter mentioned to have been inn
puted to the TOWbOat Association by the
said defendant, and for the purpose of vex
ing, depressing and iniuring plaintiffs and
destroying their credit, good name and to
the injury and prejudice OF their business IN
their associate capacity, did, on the tenth
day of November, 1873, cause to be printed
and published in the ST Louis Democrat,
newspaper published in St. Louis, Missouri,
and on the eleventh day of November,
| 1873, did cause to be printed and published
in the New Orleans REPUBLICAN, news
paper published in New Orleans, the official
journal of the United States for Louisiana,
and of the State of Louisiana and the city
of New Orleans, and again on the thir-
teenlh day of November, 1873, did cause to
he published and procured to be published
in the New Orleans Times, a newspaper
published in the city of New Orleans of
and concerning the ToWbOat Association
aforesaid, meaning and intending said Tow
boat Association a certain false, scandaluus,
malicious and delamatory libel, containing
among other things, as follows: But there
is a powerful monopoly known as the Tow
d. boat Association dOmiciled in New Orleans
controlling it's commerce, opposed to inn
provements of the channels across the bars
at the mouth of the Mississippi, and having
in its power to render yatueless any I'M
pruvement attempted This association has
time and again willtully and maliciously
destroyed its fruits in 1871 and 1872. |
checked it by assumption of authority |
had not the legal remedy to enforce. In
1873 this did not serve" And also in one
part thereof the false, scandalOus and de-
famat0ry words and matters concerning
plaintiffs, as follows: AT reason were need
ed to support my official assertion that the
Tcwboat Association lmeaning plaintittS)
has embarrassed. damaged and destroyed
my work willfully and malciOusly, tue
above should he enough" And also CON
tanning in another part several other false,
scandaIous, malicious and defdmatOry
words, denOuncing the plaintiffs as com
mercial pirates" in language AS follows:
Further, this condition of affairs causes
an expenditure of money for an end attain
ole with the means employed, but which
can not be obtained so long as band of
commercial pirates (meaning the Towboat
Association-plainti1s) are permitted to in
tervene and Illustrate all attempts to attain
that end" Said false, malicious and de
famatory charges by defendant against
plaintiffs are contained in what purpOrts TO
be an official report. A copy of each Of the
aforesaid newspapers are filed herewith,
containing said report, and in which the
deiamatOry and malicious words herein
quoted appear, and SO much of said news
papers as contain said report is made part
hereof.
BY reason of the committing of the said
grievances by defendant, plaintiffs herein,
both as an association and as individuals
have been and are greatly injured in their
good name, lame, credit and business, and
brought into public scandal, infamy and
disgrace among all their neighboIs and
thTOug hOut the United States, inasmuch as
in reading the aforesaid newspapers and
other newspapers into which said report
has been copied, and upon which editorial
comments have been made, divers persons,