New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-08
Court Items,

Jadge Atocha has sentenced five crimi.
nals thus far, and the punishments he has
decreed are q fair indication ot what fu-
ture convicts are to expect. Yesterday he
imposed imprisonment Of ten and seven
years for burglary, and five years for
larceny. In addition to these were two
cases of carrying concealed weapons, and
each offender was sent to the Parish Prison
for wosmonths. If every one who has
been arrested during the past. two years
with q weapon stuck in his pistol pocket
had been compelled to serve two months in
Jail in consequence of his prediction for
firearms, instead of paying fine Of from
ten cents to s., the practice would have
ceased before this. F'f
The first of the series of cases under the
civil rights bill now before Judge Lynch.
that of Peter Joseph vs. David Bidwell,
was commenced yesterday. 1t ia the most
important so far as the amount claimed is
concerned, the damages being laid at $4,000,
but will probably not be test case for the
balance. The issues, too, are different from
those of Sauvinet vs. Walker and Deeuir
vs. Benson.
Captain Joseph testified that being with
Mr.. Reardon, the latter purchased two
tickets at the Academy OF Music, giving
him one. On attempting to enter, Mr..
Owens, the doorkeeper, permitted Mr..
Reardon to pass, but refused to admit him.
On expostulatiou he was pushed out by
Mr.. Owens.
Judge Shackelford, for the defense, OBJ
iected to the admission Of any evidence rel
alive to the assault and battery, and was
sustained by the court.
Other testimony corroborated tha, Of
Captain Joseph. .., -
Mr.. Belden, for the plaintiff, announcing
the testimony closed, Judge Shackel
ford moved that the plaintiff having
failed to establish. his case, the
jury ba instructed to return verdict for
the defendant Of non suit. He claimed
that the plaintiff not having shown that the
defendant had taken out his license as re-
quired by the third sectien of the act, and
on which he had based his petition, the
case fell to the ground. @-
Attorney General Field, also for the de-
fense, argued that the action being founded
on contract. and not sounding in tort, the
plaintiff was bound to prove damages.
The court could not take coguizance Of the
license if not proven, even though the city
ordinance required it, for city ordinance
required to be specially pleaded. 81.
Judge Lynch overruled the motion, say
ing the court~was bound to presume the
license had been taken ont under the law.
The city ordinance being passed under q
law which the court was compelled to take
cOgnizance Of the ordinance followed the
+! same rule. Whether Or not there was q
license the Academy of Music was place
Of pubic resort. The same rule would ap-
ply if Mr.. Bidwell had iszued tickets Of
admission to his private house.
| Mr.. Bidwell testified that at the time Of
the election Of Captain Joseph he was i'll
in bed, and only knew of the occurrence by
reading an account of the suit in the after
noon paper Of Tuesday. He endeavorel to
comply with the law. The ticket sold
would admit the holder to any part of the
house. At the request Of committee Of
colored people he bad fitted mp place tor
them in the family circle. They had had
the choice of the house. The price was 81.
Other seats in the family circle were fifty
cents. He had never refused colored man
admission to any other part Of the house,
or given any Instructions to that effect He
could go into the parquette if he chose.
Mr.. Ovens lad been long time in his en-
ploy, was always faithful and courteous,
and had never heard any complaint about
him. e..-
The case will be arpned to -day