New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-24
COURT RECORD.
THURSDAY. OCTOBER %, 1873.
First District Court.

FIRST District Court.
State We. Charles ami Mary Burgess. -
Rape, etc. Testimony for the prosecution
DR.. Cooper recalled-Other causes thar
a rape might have produced the diseased
appearance of the parts examined: auy sOr
OF violence might have caused it.
The cross examination was long and eX
haustiye, and tended to show. as DR.
Cooper testified yesterday. that there was
no positive evidence Of rape.
Josephine Petri testified "a continual
abuse and other Ill treatment, and to hear
ing the child cry and plead with them when
they were abusing her: noticed bruises on
her face; saw the woman strike Ger; exam
med the child: don't know if the Burgesses
are married: complained to Officer AshfOrt;
the child was healthy and fat when che
came, but grew pale and thin.
Mrs. Carroll testified that the child came
there with health, rosy checks and tine
head of hair; she soon changed; was starved;
| have gwen her bread and have seen her
eating from the gutter; her head was bare
| where the hair had been pulled out: saw
| the child knocked down by Mrs. Burgess;
| examined the child. The witness agreed
with the others in her statement Of its con-
dition. Never saw Burgess strike the child:
do not know whether the Rurgesses live in
| the same room
| Mrs Gordon testified to repeated acts Of
abuse; had heard tie child scream and cry.
| and heard her called bad names.
| Jenny Howard testified that she worked
| for Mrs. Mating and had found the child
| in a room tied up, with cord around her
| ANGLES, wrists and waist; had given her a cap
Of water; identified the cord and cup; heard
! Mrs. Burgess say she would give the child
something to cry for.
Mary Miller-Heard the child cry and
saw the bruises on her wrists and toes.
Mrs. JohnsOn-Knew the Burgesses be-
fore they went away; they had no child
| then; they came back two or three months
ago with this child-a very fine, healthy,
rosy child, with fine head of hair; the
child became sickly and SCARED; her hair is
not SO long and thick now; saw Burgess
strike the child once. when he was dragging
| it up stairs by both arms: did not give the
child bread, because Mrs. Burgess would
take it from her and throw it in the yard:
have seen the child pick up old crusts and
eat them; heard the child cry one night.
Corporal Ferrand-Made the arrest and
saw bruises on the child's neck, wrists and
toes; did not examine further.
Officer AshpOrt-Made the arrest and
took the child from Burgess examined it;
the wrists, neck and toes were bruised and
sore; the thighs were black and blue; two
gashes were in them as if cut by cord.
Mrs. Kelly-Has had the care of the
child since the arrest; knows Mrs. Burgess,
| OUT Only saw StoS once, tuo dltcT-
noon the child was brought it was so sore
and stiff that it could not stoop; examined
the child. The witness here went into de.
tails. The chiid's mind was not then in a
healthy condition. and could not be Ques
toned; DR.. Cooper came the next day and
examined the chlld.
On crOss-eXaminatlon the witness was af
fected to tears and became 80 much eX-
cited that the court adjourned.
Third District Court.
The following decision has been rendered
by Judge Mennier:
State ex rel. Charles Joseph va. w. K.
Houston, irst justice OF the peace, acting as
second Justice OF the peace Application
for mandamus. The rela:or alleges that
certain movable property having been
seized under q writ OF execution Issued ia
the case of Thoma. Mccarthy W. William
Martin, to satisfy a Judgment rendered
against the latter. he tthe relator) inter
vened in said suit by a .hird opposition
fled before the Second Justice Court for the
parish of Orleans, calming the property
seized as his, and enjoined the sale of the
same: that his third opposition. being dis
missed and his injGrction dissolved, he fur.
nished bond, conditioned as che law re-
Guires, and obtained suspensive appeal
from the Judgment rendered against him on
his third opposition and injunction that
subsequently a rule being taken by said
Mccarthy to show cause why said
suspensive appeal should not be set
aside on various grounds set forth
in said ru!e, said first justice. acting |
for the second Justice Of the peace
then absent. dismissed che .uspensive ap.
peal by him granted, thereby causing to re- !
lator an irreparabie I'M jury. and the relator |
prays that = writ OF mandamus do issue. |
directed TO said W. T. Houston. first JUS. |
ice of the peace. acting in the place OF the |
second Justice of ,hs peace for the parish |
of Orleans, comm aiding him 10 grant
to said relator suspensive appeal !
from the Judgment Diminishing his op-
position and dissolvins the mi junction. |
w. L. Houston. acting a. second justice |
OF the peace for the parish OF Orleans, !
ions issue with the relator herein. I
and for cause why the writ OF mandamus |
herein issued should rot be made peremp-
tory, says: that subsequently, 20 The filing |
by relator OF his appeal oond foE suspen. |
slye appeal, motion has been made 70 dis |
miss said appeal upon the ground. among |
others, that all parties n intereet Tad not |
been made appelees: that acting under
article 20S2 Ray's Revised Ststutes, and un-
der the ruling OF this court. he took eogni.
zance OF said motion. and considering the
same well founded. he dismissed salt APP
peal, and ordered the execution Of the |
Judgment appealed rom.
IT does not appear Iton tDe proceedings |
and the bond filed by the relator in the case
IF Mccarthy vs.. William Martin that the /
surety on the in junction bond has been |
made party TO the appea!. The doctrine is
vel! settled that the surety on an injunc-
ion bond il q necessary party 10 the suit.
having an interest that the jud gnent APP
Deaiei ;rom femain undisrurbed. and
should be made q party to the appeal. IL
A.. 400; ls A.. ;..9!: Il A. 6.G: - 4. 100.
By dismssirg the appeal taken by the re-
ator for want of proper parties and oI~ier-
ng the execution o: the judgment appealed
rom, the Justice Of the peace has com
nitted no denial of Justice which the rels-
or may complain OF.
For these reasons let the mandamus I
lerein prayed for be se:nsed. rs!.tsy pay.
NC costs.
Revolutions in Mexico.
The Mexico City correspondent: Of the
,sw York I'IoriJ. writing under date 81
october !, says:
The session of Congress which opened on |
he sixteenth Of September has come none
10 soon to meet the difficulties Of certain
ctual and threatened revolutions which
70 now working TO thai leg innate Mexican !
onclusion-anarchy-iD half . dozen "i
he States of this uneasy Sepuolie. = hew
evolution. of which contradictory accounts
ave been received here. has broken out In ! !
-ucatan owing to the withdrawal OF the | I