New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-11
Court Items.

Judge Atocha yesterday ordered the
sheriff to rearrest Reguelmy. the prisoner
committed by Judge Staes for violation of
the lottery act, and Immediately released
by Judge Saucier, Of the Sixth District
Court, on writ of habeas corpus In the
opinion which Judge Atocha rendered the
court proceeds to consider, somewhat at
length, the relative jurisdictions of the
First District and Superior Criminal Courts
and the object Of the Legislature in giving
to the latter more extended powers and
more perfect machinery for carrying its
DEGREES into effect. After showing that
while the former court as criminal court,
can not exercise the special powers invoked
in the case, Judge Atocha proceeds to logi-
caliy array the statute law relative to the
writ of mandamus, and to show conclu-
sively that it may be directed against the
sheriff. 1t is made apparent also by his
reasoning that the sheriff has neither the
power nor the means of resisting it.
Diverging for the time from the consid'
GRAFTON of the effect of the writ, the court
proceeds to consider the Jurisdiction Of
courts having power to issue writs of habeas
corpus, and in dealing with this subject the
language of the court suggests an abuse in
the law untouched by the decision, as, in
deed, it ought to have been. Judge AtOcha
says:
Sometimes. though fortunately rarely,
courts use the writ 80 as to arIOgate to
themselves appellate jurisdiction, in which
case q wrong ls perpetrated.
This is correct in every respect. It is
strictly in accordance with the law of this
State and the theory upon which it was
created that the right of appeal should be
restricted. In civil cases wealth only can
secure the decision of Caesar, and in public
wrongs aristocrats in crime appear before
their peers uncrowded by their meaner
brethren. The debtor who has de-
layed his creditor by owing him
over $500 can further prolong his proba
ton on an indisputable point, but he
who has lesser judgment against
him, though the record may reek with
mistakes in law, can never have them cor.
rected, except by court Of law. The
hardened criminal who seeks life or money
has all the chance in the world to quibble
before jury, but when justice by mis-
take, or believing false testimony, fines an
innocent man, his error can not be corrected
except by the outrageous practice of an in
terview in his private office.
To correct this abuse by the writ of
habeas corpus, is illegal, and, as Judge
Atocha says, perpetuated a wrong, although
his words apply to different question,
which is the propriety of testing the con-
stitutionality of law upon the writ OF
habeas corpus, when that is the sole ques
| ton before the court.
Nothing can be clearer or more satistac.
| tory than the reasoning on this point. Time
| was when the possession of $l2 and quick
| witted attorney secured the discharge OF
any criminal on such grounds. One, indeed
who had stolen 1000 was turned loose
| because his bail, fixed at the same amount
| was deemed excessive. This might have
| gone on without limit had not the police by
rearresting every felon on the instant, OF
| one pretext or another, made it proftles
experiment.
| Leaving the writ of habeas corpus tn,
question of jurisdiction is considered ant
here the language of the court must NEE
with approval from careful students
Returning to the main question Of tn
discharge of Reguelny. it is shown that it
cause is not within those prescribed by tn
law, and the authority of the justice VIII
committed him is maintained in unequivl
cal terms. The phrase 'little judicial auto
crat" applied to judge who "hankers an
reaches after jurisdiction that does nc
belong to his court and the assertion tina
conflict of jurisdiction would be avoide
if possible, suggests that if this courts juri
diction is invaded it we'll knows where th
remedy lies.
The mandamus was made peremptory.
Judge Cullom sat again in the SuperiC
Criminal Court, prepared to try the cases
Earle and Garvey, and of Hickey. The fir:
case was continued after argument to Jul
%, and bail was refused. In the case
Hickey the court was compelled to continr
it. The Picay,'ac, with its usual accurac
in getting the exact opposite of the trutl
said against the certificate of the City Phys
clan. On the contrary, DR.. Schumacht
| fled certificate that Hickey was too sic
to be removed from the prison to the cour
| room.
Counsel of Roger Murphy argued pie
of autrefois convi ct. and Judge Cullo
promptly overruling it, the case went G
the docket.
J P. Gravois, for many years connecte
with the First District Court, and withol
whom it is mystery why that court h;
not perished from atrophy. has been a
pointed deputy clerk of the Superior CriI
} inal Court by Chief Clerk Fitzpatrick, an
the appointment was confirmed by Jndt
Atocha. What Mr.. Gravois is away fro
his office his family may tell, but in it ever
| one who has seen him can testify that he
the most assiduous, conscientious and lab
rious clerk that ever signed subpoena.
EXCELLENT IMPROVED AND EACAH
| PROPERTY AT AUCTION TO-DAY, WITHOl