The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-03-27
ties fees in which there is no opposition the
Court only has supervision where there is
opposition.
OE THE CUSTODIAN,

assignee ana not make any ulStluctlo!i.
went right along and put them in the same
account
Q. What was the scale of Your fees ?
A. 1t varied from one. one and half, Two
and sometimes five dollars per dag, depend
ing upon the estate.
ATTORNEYS FEES.
Q. Do YOU know what amount of attor
ney's fees you paid per year! A. | should
think Stone got in the way of fees per year,
perhap- SO 1000; III the first instance may be
$50 600
Q. How long has Mr. Hughes been acting !?
A. | suppose about three years.
Q. What do his fees amount to per year !.
A. About So 600 a year.
THE PROFITS OF NORTON.
@. How much proper ty were you pos
sessed of when You came to Louisiana A.
| suppose | was worth $4,000 | do not
think l brought here more than $4,000; l
may have brought as much as Sl560o.
q. How much are you worth now? A. l
| should think that was worth, if | was set
| tied up, S125 700; perhaps not as much.
| This is what Mr.. II. N. Ogden, young
| lawyer and an occasional practitioner III
| Judge Durelfs Court, has to say of his
CONDUCT ON THE BENCH.
! Q. State what you know of his conduct on
-
and state case which occurred to myself.
which will throw more light upon that mat
ter than what | can say generally: l cali
not say much of the treatment of the rest of
the bar; had Il case for man by the name
of Seely against B. f. Flanders. who was
formerly Mayor Of the city of New Orleans
and also Military Governor of Louisiana : the
suit was for about six thousand dollars; |
filed a petition in the case; it was a civil
! 81 1,
was employed upon the other side he is the
United States District Attorney; he first
filed an exception in the nature Of a demurrer;
it was put to issue whether had a cause of
| action ut all in the suit; that is my present
recollection of the matter: the exception
was tried and overruled: some SIX months
| afterwar,l the case was called on its merits.
and had my witness, Mr.. Seely, in court
by rule OF that court all cases tried by jury,
unless thejury is waived; proposed to waive
the jury: | did not care to try 1t by jury,
the Judge having decided this point i'll my
favor, which gave me- as considered, plain
sailing: but Mr.. Beck with declined to waive
the jury, and the jury was called put my
witness Oh the stand. and while | was ex-
aiming him TO prove the facts alleged in
my petition, the Judge asked for the petit
| ton in the case; it was handed to him: he
| then interrupted me in the most abrupt
manner by saving, "You have got no case
against Flanders;' | was astenished; the
case had been tried on the exceptions and
was now going before a jury that had been
regularly empanneled: l told him that
proposed to try the case before the jury, II
he would permit me; he said, :" You have
got no case against Flanders" or words to
| that effect: then asked him, " Do yon pro-
pose to take the case away from the jury
after this person has been sworn ~ and he
said, 3" ! will do it if feel like it," l then
said, Well. sir. as matter of course, |
| have no way of preventing your honor
| from doirg that, but this Jury was asked by
| Mr.. Beckwith y | was more or less
embarrassed; l turned to my client and
spoke to him as to what | should do
| next, while ! was doing so the Judge dis
charged the jury, and sai i he would try this
case on exceptions; knew of no exceptions:
only exception that had been la
ken in the case had been tried
and decided in ny favor; | then told my
client that lie had better employ somebody
else in the case; that | had just returned
from Washington and the Judge was evil
IDENTIFY prejudiced against me; that was last
winter told my client to get another law
yer; he said, "If you cannot get this
matter through, l will take my chances with
YOU | was determined to do the best
could for him. So tried the next morning,
when the Judge was on the bench. to have
day fixed to try these jury exceptions;
Beckwth was absent, and the case was con-
tiuued from time to time; at last | got his
ear and presented the bill of exceptions, de
termined if the court OverrHled me that /
would take the case to the Supreme Court;
| handed the bill Of exceptions to Mr. Cur
lev, the Assistant District Attorney; aday or
two afterwards the ease was called
in court, and the Judge said, just
as abruptly as he had done before, that the
case would be tried by a jury, and he sad
to the officer of the court, "call that jury :;
the Jury was called and case tried on some
question that asked witness, the Judge
made this remark from the bench, and
think the jury will remember it; it was to
the effect, Let the case 90 on: will charge
tho jury that You have got no case; :" or
words to that effect the idea was that he
would charge me out of the case, although
might 90 on: | knew very well that the
Jury was with them, but | had a plain case !:
the Jury was half white and half black: Mr..
Flanders was Il leading man on the other
side for many years !; the case went on
and | finally made my argument to the
Jury; | told them the Judge was gong to
charge against me-that the Judge was
laboring under a mistake as to what was the
the Judge in charging the jury charged
from my own written request and entirely
in nv favor; the jury was out, l think,
about twenty minutes, when they brought
in verdict in my favor for the whole
amount claimed: Mr. Beckwith made mo-
ton in suspense ofjudgment, ,and the Judge
asked for briefs in the case filed brief,
and the thing held until the summer vaca-
ton of the court, and il. has not been de-
ciced yet.
O. Was the Judge sober at the time of the
trial? A. always thought he was sober.
but from the way in which he changed his
positlon on that trial it led me to believe
that there was some mental alteration OF
the mind do not think he was drunk
On the question of
DURELL's DRUNKENNESS ON THE BENCH
this is the very funny testimony OF Mr.
Loew, the deputy clerk of the court, who
knows as little. apparently, as the clerk
himself. The time was the occasion OF
Judge Durells difficulty with Judge Camp
bell:
n 10 Won remember any difficulty OF