New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-30
COURT ITEMS.

The sudden release of Henry Kuntz from
. the effect of the commitment of Jucg'
} Lynch yesterday occasioned great surprise
The prisoner had been guilty of three dis
tinct violations of the orders Of the court
} Alimony TO the amount of $t5 per mOntf
had been decreed in the suit instituted by
himself. There is nothing unusual IN this
decree. 1t is matter in the discretion o.
the court. If it can be shown that it is
improperly awarded there is always an op
portrn'tg TO present that fact. and the
court vii. grant relief. lii generally given,
as a matter OF course.
The plaintiff is abundan:iy able to pay.
The proceedings were deliberate. and
afforded him ample opportunity for defense
to the lr'es for alimony and contempt. His
disobedience Of the orders OF the court has
been most tlagrant. What arguments were
presented to Governor Antoine do not ap-
pear. IL they were no stronger than the
case before Judge Lynch, they ought to
have had no effect. If they were stronger.
why were they not offered in conrt in the
trials of the crles! Whatever they were
they accomplished their object, and ef.
tectualy destroyed the power of the court:
to enforce its DEGREES.
The other side of the case is thus pre-.
sented. The plaintiff is a Poor man, with
a salary Of only SIS per month. and is con..
PEELED to support his mother and children.
The award of $i5 is excessive. His wife
left him. He has invited her to return. and
now offers to support and live with her if
she will come back to his house. The
| equity CT the case is on the side of the hus.
band. It is a case which invites sympathy
| rather than condemnation. Evidence of
these facts was excluded on the trial OF the
rule.
These are arguments of no force at this
stage of the case. Most OF them concern
only the general issue. The plaintiff had
money enough to enter the suit and retain
| counsel. Alimony was cos: to be ex-
pected. He has also had influence OF
powerful kind to present his sympathetic
case to ears always open to dictates of
charity. He has had the pathos of an elo.
quent official engaged in his BEHALF. He has
procured not Only documen: releasing
him for the present, but another which se
cares immunity fOr the future. He is GER
taiEiy not without friends. If he had
proved to the court that he also lacked
money, alimony could not have been
granted 1t is, perhaps. unjust to blame
him for avoiding the payment of his debts
and prison; but the granting Of the release
be solicited Was questionable.
In the First District Court much stir was
kicked up. The article in the Herald OF
hiach Malone reused the lion in Judge
A5el!'s tosom. He admitted Malone was
bad man. but then his otfense was bailab.e
These people who write about bal; are not
thoroughly conversant of the matter. In
der the constitution of 1868 the courts
haven's any discretion. except to refuse bail
TO persons charged with an otfense punish.
aoie with death. Such articles IS these
ware scurrllous. The district attorner
moved .ha. he be admitted TO bail, and he
had 70 do it. He was pretty well satisfied
the article had been hatched from an egg
laid in that Very courthouse. That was a
rotten egg. too. and showed wia. treachery
there was being Matched there, ana he would
denounce it. These esgs-.raordinary re-
marks being dropped into the ears O. the
grand :usy, they retired to the kitchen to
see what sort Of az omelet.e could be pro-
duced. The cooking took some time. and
then the egg came forth in the form Of .ai. |
report:
To the hon. E. .bell, Judge Of the Frs: District
Court tor the Parish Of orleans: /;
We have carefully and thorouchl- KAN. (.
lned the matter of which you spoke this !
morning. relative to an article whict, az /.
pearj.i IN the New Orleans Teru3I Of tie /
twenty-slxth Instant, and beg leave 70 al |
nit to your honor our approval ot your !
conduct II the case.
lnasmuch as a motion was made by tie |
district attorney 10 admit Z. i. K-nch Ma !!
lone to bail, in tne amount and with .he |:
security as suggested, you could no. d. !;
otherwise than to accept. The law bearing
upon tne case Is positive and lett you mo al.
Tentative. Your conduct in the prem sea
has. therefore. our unqualified approval.
JULES BAUDUC, Foreman.
New Orleans, September %, 1873
This dish being presented to the iulic:a.
palate Judge Abel proceeded to settle .Le
layer Of the egg. Sheriff Patton AMI Deputy
Tohin were called, and the latter received a
severe lecture o.. the enormi:y of his conduct.
It was prejudicial to discipline. No layer OF
bad eggs was to be tolerated. Mr. Tob;n
was suspended in his oti:ce and directed 70
ieek another nest.
50 ta- as the motion OF the d;stric: a:tor.
ley is concerned, the facts are .hese Va.
one had been il jail for two months with
20 prosq"c. Of a speedy trial. The only
witness vas in st. Louis. and i. was ne:
ectain when she would return. Tie Sc
ur;tv offered was certainly good, tie party
icing worth nine or ten times the amount. |
/ IS proof that i. was not straw bal: that
Iaione was surrendered Immediately after
is little adventure in Dryades market. The
notion was a perfectly proper one. ana.
nder the circumstances. was to be granted
5 a matter of course.
The Temperature. /
Mr. Louis Fr!serio, No. 50 Chartres street,
apcrts the weather for tie pas. two
ays as follows:
ap:ente. ,:........ "a 2. s.
n sTIll