New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-11-14
COURT RECORD.
sARrUDAr, NOVEMBER ~, 1875.
Supreme Court.

sARTUDAr, NOVEMBER IL, 1875.
Supreme Court.
State ex rel. George C. Norcross w. Judge
of the Fourth District C0urt.-RelatOr
alleges that November IL, 1875, he pre-
sented petition to Hon. B l.. Lynch, judge
of the Fourth District Court, setting forth
that he purchased at tax sale by N. c.
Folger. collector Of the First District of
New Orleans, on August IL, 1875, as the
last and highest bidder. under act No. AZ,
approved March IA. 1873, q certain lot of
ground, accompanied by the act of sale;
that he received the title and claimed to be
put in possession; that said judge failed to
grant the petition for the reasons: l. That the
court had had no jurisdiction; 2. That there
was no law that would warrant such sum-
mary proceeding; that the court has jurisdic-
ton under act No. of December ii, 1872,
extra session, and the law "a contained in
act No. Az of March IA, 1873; that the re-
fusal works q denial OF ju tice, and a man
damus compelling the receipt of the petit
ton and trial of the demand for posses
sion ia necessary. Msndahus issued, re-
turnable Wednesday, November II.
Superior District Court.
r. s. Morse ct al. vs.. city of New Orleans
Petitioners K. s. Morse, of Maine, and
James E. Zuptz, of Louisiana, allege they
are holders and assignees of claims against
the city for salaries. supplies, goods, etc,
prior to August l, 1874; that the accounts
have been approved, and ordinances passed
approprating funds; that the city has no.
tice of the assignment, and prays judgment
for 1892 %.
State of Louisiana vs. Charles Clinton,
Auditor, and Antoine Dubucler, Treasurer.
Injunction on appropriation bill of 1875.
alton for militia of 1875, item twenty.eight
of injunction Of April 7, 1875, dissolved go
far as to release $1,000 for the payment of
the armorer of the State arsenal. and $4,000
for the payment of the State militia out of
| the amount of $4,000 as contained In the
| act of March q, 1875.
. Superior Criminal Court.
MOTIONS.
State VS.. Riley Colemau.-Charged with
embezzling q ten dollar gun, and convicted of
larceny. Motion for new trial considered as
motion in arrest of judgment, and as such
sustained. Prisoner remanded for an in
formation to be filed for larceny in the FRS t
| District Court.
State va. Virginia Lewis.-Convicted No.
| vember of grand larceny having stolen
| from James Dillon Hales, May 80, $500.
Motion for new trial Overruled.
CHALLENGE TO ARRAY OF GRAND JURY.
| State vs. E. w. Devices. James S. Mat
thews, P. Jones Yorke and Il. X. Ray.-Ac-
| cused were indicted on the first of May last
by the, grand Jury, Michael Frank, fore
man, for: l. Offering and promising money
with intent to influence members of the
| House of Representatives in their votes
| ?. Bribing members of the House of Repre-
sentatives with intent to influence their
| votes, to wit: On the third of March, 1875
$500 each TO Milton Jones, j. E Parker, j.
| b. Jourdan, joseph Connaughton tsince
| dead), John DeLlcy and j. j. johnson, for
their votes on the bill entitled an act rea-
| tive to the manner to ascertain the amount
due the Louisiana Levee Company fro the
| State, on the first of October, 1873, and to
| provide for the funding of said debt.
The array is challenged for the following
irregularities, viz:
!. That the order of court under which
the jury commissioners drew the venire of
| jurors, from which the grand Jurors who
| found this indictment were selected, was
not made by A. A. Atocha, judge of the
| Superior Criminal Court. but by "George
| II. Braughp, Esq, attorney at law, duly
| qualified and appointed to act during the
inability of A. A. Atocha, judge of the Su-
perior Criminal Court, to act"
2. That the sixteen persons composing
the grand Jury which acted herein were not
| selected by A. A. Atocha, judge of the Su-
| perior Criminal Court.
8. That said G. II Braughn, Esq, at the
time of the issuance OF said order and at
tuo tluo VI tu6 etioCUlou VI saiu grAuu jury
was not pretending to act as judge of the
| Superior Criminal Court by virtue of any
election to said Office, but by virtue of an
order issued by said A. A. Atocha and
spread upon the minutes.
4. That said order is unconstitutional,
| null and void, in violation of article ninety
OF the constitution of Louisiana.
5. That even if said order were legal,
said George H. Braughn, at the time of the
| selection of the said grand iury, had not
taken the oath of office required by article
100 of the constitution of the State.
State vs.. James Wood ct al Motion to
reduce bail in the case of Wood from $500
to $4,000. Granted, and bonds signed by
George w. Randolph, Esq
First District Court.
State Vs. Lou Dixon.-Assault and bat
terry; one month in Parish Prison.
State va. Charles f. Dawn.-Information
tor entering, etc.
Second District Court.
Succession OF Elizabeth Gourley opened.
Sixth District COurt
S. johnson vs.. Canal Street, City Park
and Lake ADMINISTRATIONS alleges that
he contracted with Thomas H. Handy,
president, to construct the road from Lake
Pontchartraiu to the corner of Canal and
Rampant streets; that he compiled with the
contract and completed all the road except
laying few cross ties; that the company
forced him to stop work and employed
others: and that he laid over 10000 cross
ties That as extra work beyond this, he
was employed to open and clear the road
way; that the company has violated this
contract, and that there is balance of
$50, 900 due. Prayer for lien and privileges
on the road, the double track, embank-
lnanta hrdUaa mafarial crnas fiaa fiy-