New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-21
COURT RECORD.
THURSDAY, AUGUST 20, 1874.
superior District Court

buclet. Of Charles Clinton,
State Auditor. Petition alleges the interest
of the Auditor to protect the State; that the
Attorney General fled an answer without
consulting him, and recites REALTORS petition;
that said Daigle vacated the Office Novem-
Der 80, 1872. and his successor was appointed
and qualified. He alleges that it is not true
that the appropriation of 100000 for salar
ries of parish judges was diverted by him
for purchase of State warrants or any other
purpose; that the sum was all used to pay
judges Of the parishes and was insufficient
by ll,OG0 and the actual expenditures
were $l22,79l Al, and pcays that the order
Of submission be set aside.
Ordered that the case be reopened and
tried on it's merits.
First District Court.
PLEADED GUILTY.
Assault and battery-William Getcheret,
Pat Lynch, A. johnson, Tony Herrera.
Petty larceny-Charles Nelson.
ISFoRMATIoNs FILED.
Assault and battery-Frark Gray.
Petty larceny-Fernand Richado.
knowingly receiving stolen goods-ElI
Earle.
ACQUITTED.
Assault and battery by willfully shooting
at-Hy. D. Clark and John Smith.
SENTENCED.
Assault and battery-Tony Herrera, ore
month; Pat Lynch, ten minutes N Par1sh
Prison.
Petty larceny-Henry Jackson, one day
in Parish Prison.
Second District Court.
SUGGESTIONS of Arthur B. Charbonnet and
Eliza Osterda, wife Of Jacob Burkei, opened.
Fourth District Court.
Eliza Hundertmark VS.. Conrad Dolir and
e I,<l1 os,dn ~
the value Of $3.50. One box in particular,
containing sl2i in money, the defendants
| failed to deliver. On a rule for contempt
| they were given one hour to produce the
| boz, or be committed ten days 10 the Parish
| Prison.
The following opinion was rendered by
! Judge Lynch:
VS.. Joseph Dick.-The relator, b. NJ. Turn
| bull, alleges that he is now deprived OF his
| liberty by being arrested and detained in
| custody by Joseph Dick, deputy sheriff OF
| this court; that the said Joseph Dick IN
siets on retaining the custody OF relator
| without warrant of arrest or attachment
from any court. He prays flor writ OF
| habeas corpus to issue in his favor, and that
he be released from confinement.
A verbal return to the writ OF habeas
corpus was made by Mr.. Dick. that under
and by virtue of a certain order issued by
the Hon. Jacob Hawkins, he arrested the
| relator for having interfered with and pre-
vented the enforcement of an order OF IN
junction issued from the Superior District
Court of this parish, on the petition of
Jules Lemoine. IN the suit entitled "Jules
Lemoine VS.. 3. NJ. Turnbull ct all" on
the docket of said Superior District Court.
The followipg.is the order referred to:
Superior District Court for the Parish Of Orleans
| to William P Harper, Civil Sheriff Of the Par
| ish of Orleans, greeting:
Considering the allegations Of the fore
going petition, and considering the law in
such case made and provided, j: is ordered
that the civil sheriff OF the parish OF Orleans
be and he is hereby directed to enforce and
maintain intact the iDjUnctions granted
against B. NJ. Turnbull, Administrator Of
| Commerce, and others in these cases.
That said sheriff be required and directed
to maintain the several plaintiffs in their
rights to pursue and carry on the occupa-
ton of keepers of private markets IN the
CITY of New Orleans without let or hind
rance from any person or persons Whomso-
ever, and the said civil sheriff is also d.
rected and commanded to arrest and hold
in custody any person or persons who may
interfere with him in the maintenance Of
the injunctlons, and the rights of plaintiffs
Hereunder until the further order Of court.
New Orleans, August IL, 1874
JACOB HAWKINS, Judge.
| l have neither the right nor the lncllna-
ton in the examination OF the cause for the
arrest and imprisonment of the relatOr to
inquire into any contempt OF the authority
i of the Superior District Court which he
may or may not have committed. An order
of imprisonment based On contempt of
court is not open to examination tor re-
vision by another court of concurrent
jurisdiction. / look in vain for any decree
or Judgment of the honorable judge Of the
Superior District Court cOndemning Mr..
Turnbull to imprisonment for contempt
of any order of his court Neither is there
any affidavit charging the relatOr with the
commission of any crime or otfense what
ever. The only excuse offered by Mr.. Dick
for his action in the premises is simply that
the relator has violated an order of injunc-
ton issued by the Superior District Court
in the above entitled suit. 1t does not lie
with Sheriff Dick to say whether an in
junction has been violated or not; that is a
function that appertains only to Judge
Hawkins himself, and he has not delegated,
because he could not have delegated, to the
executive officer of his court the right to
sit in Judgment on an alleged infraction of
judicial order
There being, therefore, no order of i'm
prisonment for contempt by any competent
court, nor any affidavit charging Mr.. Turn
bull with the commission of any ottense
against the laws, his arrest and detention
BY Deputy Sheriff Joseph Dick is illegal,
unwarranted and unauthorized by law.
Let, therefore, the relator, B. N. Turn
bull, be discharged from custody.