The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-09-11
THE CONTEMPT CASE.
Badger, Macarthur 4 Go. Arraigned.
A Large Crowd in Attendance.

Yesterday morning Badger, Macarthur & Co
came promptly to time accompanied by thei
counsel W. r. Whitaker, in response to the
summons of the First Justices Court to appea
therein at II o'clock and show cause why the,
should not be punished for contempt of thu
orders of the court.
At the appointed time Judge Houston as
cended the bench and the case was called
Answers to the rule were filed respectively
in substance as follows:
Macarthur said he intended no contempt
that he had control OF certain property in pur
sutncc of his duty as judge of the First Mu
nicipal Court, which be believes is materia
evidence in a case pending against plaintiffs
i'll rule and others, and that he is entitled tc
the custody OF the property until the case is
disposed OF. and by way OF closing called at
tention to the injunction issued by Hawkins,
Judge of the Superior District Court.
Badger replies to the rule that it was inn
i possible tor him to obey the order of the court
because he has not had the arms since the
service OF the writ within his custody.
| PecoIa follows his leader and makes the
same answer.
Curtis. property clerk, by way of showing
that he intended no contempt, filed copy of
McArthur> order as authority Tor the stand
he took.
After all the answers had been filed, Mr.
Ellis cotnsel for plaintiff, called to the stand
MI Ed. RYAN. constable of the court, who
said:
| ;lnl the officer who was charged with the
| execution OF the writs of sequestration. l
read the writ to Gen. Badger He said he
could not g We up the guns, as he did not
have them in his possession. l read the sup
Elemental writ Of sequestration to Curtis. who
refused to give up the guns, and showed me
the order from Macarthur to retain them. He
admitted he had them. Went in the evening
and saw Curtis aga.n. told him was going
to have the guns even if force was necessary
and Curtis ordered me out OF the office anu |
went
Tried to read the writ to Macarthur but he
would not hear it and turned off, saying
:" Civil authority has nothing to do with me;
and then went Off.
Mr.. Ellis here discharged the rule as to Pc
cora
Mr.. Guyol was next called to the stand. He
corrubor;lted the testimony of Mr. Ryan.
This closed the evidence and the argument
was opened by Mr.. Lingan.
After arguments by Messrs Whitaker and
Ellis, Judge Houston read lengthy decision,
in which the law bearing upon the subject
matter before him, was carefully reviewed. and
the case and circumstances attendant thereon
which led to the rule for contempt, were de-
tailed.
Judge Houston, by way of showing that the
defendant in the rule for contempt knew the
law, cited several cases in which writs Of Sc
qnestlat; on had been issued from his court, on
grounds the same as those which the writ
pendi e had been issued or in their nature
similar, which had been obeycd without ques-
ton by the property clerk Curtis. Judge Nc
Arthur knew the law, and knew that in reflls-
ing to recognize the writ he was in contempt
OF this court.
Gen. Badger is the Superintendent of Me-
tropOlitan Police. He has control over Curtis,
and he knew he could have turned the prop
erty over had he desired. He refused to do it,
and therefore he is in contempt Of this court.
An injunction has been issued from the
Superior District Court, but counsel for de-
PENDANTS, who always allows a case to go
fairly its merits. has admitted that this
injunction has no bearing on the case at bar,
as the contempt had been committed before it
was issued.
Under the same proceedings that these de-
PENDANTS have taken, any and every house
might oe entered, and property taken, and if
these proceedings should be sustained there
would be no recourse.
The wrltS Ct this court have been treated
with contempt and the dignity of this court
must be maintained. A. S. Badger, A. II.
AcArtllur and Rudolph Curtis, are therefore
sentenced to Imprisonment III the Parish
Prison fer tWenty-tour hours.
The manly and dignifed stand taken by
Judge Houston evidently was unexpected by
Badger, Mcirthur Il Co., it being so entirely
diiftrtn: from the usual or customary style of
proceedings in g our courts and actions by
the Judges of them They looked bad for
moment, but were nerved by the soothing
thought William would fix it, and that their
pardon would be forthcoming.
Commitments We're made out and the Con-
stables took the offending gentlemen e, i'll
char;e, cabs We're called and the whole crowd
were driven rapidly down to the Parish
Prisol. The commitments were pr sented
and read, and then one of the gentlemen con-
nected With the prison asked where is the man
with the
The man had however, not yet come but
in something less than an hour Messrs
Whitaker and Dalsheimer put in an appear
ance, walked into the prison. or rather, into
Capt, Fremaux's Office, and presented par
don.
1t was one of the same old pardons, and this
reporter did not take the trouble to copy it.
After reading it, Capt. Fremaux informed the
association that they were free, and that was
Z b.,a of