New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-06

to the stake, merely for the purpose OF
showing to the Parliament of Great Britain
the necessity for enacting laws to restrict
or limit the royal prerogative. Furtrel, VINO
was charged with having committed muir,
der at the gaming table may have committed
the crime simply for the purpose OF teach
ing youth the dangers attendant upon gam
ing. Fontleroy may have forged powers OF
attorney for the purpose of prompting Par
lament 70 enact additional laws to prevent
such crimes. But Lord Macaulay says, IN
all these instances, that while all these
things may have been possible, they were
highly impro bable, and that any man who
would have received them as probable
would deserve 10 be sent TO st. Luke's.
IN this case it may be possible that such
power was given to Mr.. La!aurie, but IL
would require a stretch of credulity TO
opine that 1t was probable, and that II he
did. following tie reasoning of Lord
Macaulav. it would be but fair to presume
that Mr.. Gerot!ias would be entitled 10 a
position in jackson, Louisiana.
Mr. Lalaurie makes statements which,
were they entitled to the weight OF uncon-
.radicted facts. would compel the court 10
accept and act upon two palpable absurd
| tiles. The first is. that Mr.. Geredias placed
| abou. Sl0.003 in his hands which he
| had carte blanche 70 invest in stocks, which
| ne mi ht pledge. sell, and otherwise dispose
of to suit himself, without the knowledge or
! consent OF Mr.. Gerodias-taking no risk
! upon himself, and at the same time entitled
! to commissions and a full share of the pro-
| fts. and all without limitation as to the
| time of it's duration. The second is, that he,
| L.laurie. would give mortgage for Sle,'
| 000 upon his individual property, which lm'
| parted d confession OF Judgment TO secure
| debts due 20 BENJAMIN S. Harrison by
! Gerodias, when ne tLalaurie) did not owe
| cent OF that amour to either Harrison OF
| Gerodias: and that ID both cases all ordl'
nary precautions common among business
! men were Internationally left unregarded.
Such triendship-such ungarded confidence
| might embellish classic stories such as that
, OF Damon and Pythias, but can never be
made the basis of judicial arbitrament.
! The court. in arriving at its conclusion.
| has placed great deal of stress upon the
testimony of Mr.. Ben Harrison, who gave
! calm, dispasSionate account OF the whole
transaction relating 20 the mortgage Sc.
| curing the payment of the two notes OF
! $4,000 each: and also ON the testimony OF
| Mr.. Tom Janney, who gave his statement
! with great clearness. and OF one or two
| other persons having no interest in the
! transaction at all. In relation to the denial
| OF Mr.. Delassus of the conversation that
. took place on the evening OF the trial OF the
case the first day, at the Office of Mr.. 10
| Hernandez, with respect to the testimony
| of MI. Harrison, the court is inclined to
| disregard afr. Delassus' evidence on that
point. and particularly as it stands contra
| dic,ed by the testimony of Mr.. Harrison
! and Mr.. Janney. 1t appears that Mr.. Har-
risson did state 30 Mr.. Deassus the sub
! stance of the testimony which he had given
! in court, and that the latter then and there
, stated that it was so nearly correct, accord
ing to his impressions OF it, that he had but
10 copy it and he would sign it as his evi
dence ia the case This conversation is
: detailed with miruteness, and the certainty
! OF its substance affixed by the evidence "
! both Mr.. Harrison and Mr.. Janney.
! The court is satisfied from all the evi
deuce on record and from the testimony O
the disinterested parties and more partlcu
. iarly from that OF Mr.. Harrison and Mr.
| Rousseau. My. Harrison being the witness
of the plaintiff. ). W. ialaurie, that Mr.
Lalaurie, throughout all these transactions
! acted merely IS the agent 90 invest Mr
! Gerodias' funds, and that he had no sucl
| latitudinai power as he stated he had IL
| reference 20 the wight to pledge and dispose
| OF the stocks in which these funds were IN
vested.
For these reasons the court dissOlves th'
; Injunction. and awards damages of twent,
| per cen: and $500 attorneys tee 30 tue de
! PENDANT. Mis-. Gerodias.
The digest Of the evidence is placed OF
! the record for the purpose OF enabling coun
! Sc. pro and con 20 see upon what evidence
, the court arrived az its conclusions. and j
prepared for 'he benefit OF counsel