New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-06-23
superior Criminal Court.

dicrment for conspiriDg to defraud. Plea
of guilty and sentence Of one year IN the
Penitentiary.
superior Criminal Court.
Judge AtOcha issued the following order:
Under and by virtue OF the authority
vested in the Superior Criminal Court 1t Is
ordered that the police magistrates and
justices OF the peace having criminal Juris-
diction within the parish OF Orleans, be and
they are hereby required to strictly adhere
TO the provisions of the Revised Statutes in
all cases where parties are charged with
offenses within the jurisdiction OF this court,
bv causing to be taken down in writing the
testimony of witnesses for the prosecution as
it is spoken by said witnesses while under
examination on the witness stand, and also
on the cross-examinatiOn of said witnesses,
stating whether the parties under examina-
ton are represented by counsel and giving
the name of said counsel. When the wit
ness has testified, his testimony must be
read by him, if he can read, and if he can
not it must be read to him by either the
magistrate or one of his clerks. Ii the
testimony as taken down ID found to 0e cor
rect, or it any corrections are to be made,
then after they are made, the witness shall
sign his name in presence of the magistrate,
who shall certify over his signature that
the testimony was taken down as delivered
by the witness, and was afterward read by,
or to, the witness and by him declared cor
rect.
The practice that prevails of first letting
the witness testify and then taking him to
one side and having some eincompetent clerk
take down new statement made by the
witness out of the hearing of either the
magistrate, the accused or his counsel, ls
exceedingly reprehensible and causes great
iniustire in many cases to both the State
and the defendant, for it not unfrequently
happens that witness is absent when the
case comes up for trial before jury
and the State or defense are deprived
of hs testimony because i. has not
been properly taken down, or the State or
defense may desire to show difference Of
statements by the witness before the exam
inipg court and before the jury, and for
other important reasons. The provision OF
the statute is peremptory, and can not oe
disregarded. The magistrate is not even
permitted by the law, in capital cases, to
ask the witnesses called who testified be-
fore the coroner whether the testimony re-
turned by the coroner is the testimony
given by them before the coroner, and not,
re-examine them.
When party accused makes a vOlun-
| tary statement, the magistrate should
| carefully adhere to the requirements OF the
| statute, and warn the accused that any
| statement he makes can be used against
him.
The attention Of the magistrates having
| Jurisdiction of examinations in criminal
cases. is called to the carelessness with
which cases within the jurisdiction OF this
| court are sent to the First District Court.
| thereby causing delay and additional ex-
| pense to the city. --
NOLLE PROsEQUI ENTERED.
Burglary-Jules Bergnot, John Powers.
PLEADED NOT GUILTY.
Grand larceny-Jean Saleges, D. c. Cope
| land.
| Assault and battery-William jackson.
Robbery-John Davis, Laura Adams,
| Dorsey Wilson, two cases.
Burglary-Elijah Brown, John Jacobs,
| Charles tanberry, Monroe Ross.
Embezzlement-GoOd AucOln.
INFoRMATIoNs FILED.
Carving concealed weapons-A. P. Oh
| wage. George Brousser, George +. King,
| Henry Thorn.
| NEUTRALITY-SUSPICIOUS. Anderson, Jean
| Diaz.
| Assault and battery-Frank Bouny, VIII
| liam 2. Clark, Christian Pohlman.
| Ferjury-Ann Baldwin.
SENTENCED.
| Carving concealed weapons-Sam Cam.
plea of guilty, and sentence OF tive hours
IN Parish Prison.
First District Court.
Assault and battery-Alexander May field,
one day in Parish Prison.
| Second District Court.
SUGGESTIONS of John Pokorny, Marcial
Arias Carcayol, Theodore Danziger and
Francis Henretty opened.
Fifth District Court.
| M. Benner VS.. w. Van Norden-Actions
| on promissory notes. Defense, the want OF
| consideration, and that the contracts were
contra Jonos n,Ores. The defense also allegee
! that there was sytematic attempt and
| conspiracy to extort money from the Mexl'
| can Gulf and Ship Canal Company, both
before and since the institution OF the suits,
| and further. that there we're proceedings OF
like character in the United States court,
to compel involuntary bankruptcy for a
debt of $4l6 &c. when $4,000 was demand
| ed at the same time. On trial.
Judge Cullom rendered the following
decision:
George F. Booth vs. John Clarke.-The
plaintiff entered into contract OF lease OF
a tract of land on the west side OF the Bayou
St. John, known as the Allard plantation
| The agreement is dated on or about the first
day Of December. 1871. The purpose OF
this lease is alleged to have been the pas
| turage of cattle, horses. etc. from which
source he AYERS he realized $50 per month
These premises were inclOsed by fence
running down to the waters edge on the
. bayou.
Clarke, it appears, had vessel in sink.
ing condition in the bayou, which be caused
to be hauled out on the west bank, and
within the inciosed premises Of plaintiff
Plaintiff complains that in tearing the boat
to pieces, scattering the debris, and while
hauling the machinery and other parts of il
away, Clarke destroyed his fence repeat
edly, so as to defeat the practical posi-
bility of keeping the animals taken on pas
turage in the pasture; that the insecurity
| OF them and his responsibility for them rem
| dered it necessary for him to abandon his
predetermined purpose altogether; that this
is a source of damage to him for which be
demands $1,000 as such, and $50 per month
| as long as he continues to deprive him OF
the use and benefit of his property.
On the first trial of this cause, the de-
fendant failing to enter an appearance, the
court gave Judgment in favor OF. plaintiff
ordering the defendant to remove the
wrecked vessel, and decreeing the defend
ant to pay him $3.50 as damages, and the
further sum of 500 per month SO long as the
defendant continued to deprive plaintiff q
the use of his batture. On showing being
made, that Judgment was set aside and (
new trial granted.
The evidence adduced on the new tria
was contradictory, as is usual in such cases
but it showed that down to the time tn,
fence was torn down the plaintiff realized
in gross amount, about $50 per mouth from
pasturage during period OF four or fiv'
months in the year. The defense set up il
that the Bayou St. John is . nsvigabl'