The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-10-19
THE KERRIGAN CASE.
A Writ of Habeas Corpus.
The Accused Alleges that He Has
Been Robbed.


this city Sunday evening, from the parish OF
St. james, one Jack Kerrigan. charged by
the Acting Auditor of Public Accounts with
embezzling $4,000, which amount Kerrigan
had collected from the good people of the
parish of st. James while acting as State Tax
Collector for that parish.
Some time ago Gov. Kellogg appointed Mr..
B. F. Yates State Tax Collector of the parish
of St. James, but Kerrigan, having possession
Of the Office, refused to yield up the position.
The question was referred to the District
Court and decided in favor of Kerrigan.
Yates appealed to the Supreme Court,
which reversed the decision of the lower
court and on the 9th of August Yates made
demand for his Office, but was put off from
time to time by Kerrigan with one pretext or
another. Kerrigan by this time had collected
considerable money, State and parish taxes.
and the wenty days allotted by law having
expired. and he not making any settlement,
Acting Auditor Shultz, by advice Of Attorney
General Field, made an affidavit on Saturday
before Judge Evans, and on this affidavit the
warrant was issued and the arrest OF Kerrigan
followed.
On Sunday night Kerrigan was released on
bond. Indeed he was never actually confined,
but was released on guarantee Of RESPONSE
BILE parties that he would put in an appear
ance on Monday morning before the First
Municipal Police Court
On Monday yesterday morning Kerrigan
did come before the court, and his appearance
| indicated that he had been making night of
| It, and his actions showed that he was not en-
! tirely sober.
He was. however, formally arraigned, and
was placed under bonds of $4,000 (the
amount alleged to have been embezzled) to APP
pear and in default were remanded to the
Parish Prison. G. W. Lowell appeared as
his counsel.
| Some time after the court had adjourned,
Court Officers Houlihan and Walsh took Ker-
rigan in charge, and started with him to the
Parish Prison but while on the way, only a
short distance from the First Precinct Police
Station, over which the court is held, dis
turbance took place-the result, the court Off
GERS state, of the resistance of Kerrigan, who
was melted thereto by his counsel, Lowell.
| Some blows were exchanged, and rough
and tumble fight took place, and the end OF
it was that Kerrigan was taken back to the
FIRST Precinct Station and locked up.
| Lowell left the scene and proceeded to the
Superior Criminal Court and filed petition,
setting forth that Kerrigan was illegally con-
fnedon commitment issued from tbs First
Municipal Police Court, Judge Evans presid-
ing, for an offense alleged to have been commit
ted while the said Kerrigan was an officer of
| the parish of st. James, over which cfense
the said court had no jurisdiction, and on
this petition prayed for writ OF habeas
corpus.
The petition was received and the follow
| ing order issued
United States Of America-The State of Louis
iana-superior Criminal Court for the Parish
| of Orleane.-Sta te Of Louisiana ex rel. Jno.
| Kerrigan, VS.. w. P. Loan ct ais
You are hereby commanded, in the name
of the State of louisiana, and the Superior
Criminal Court for the parish OF Orleans, to
produce in open court, on Monday, 18Th
inst, at 3 o'clock P. NJ, the body of John
Kerrigan, together with the cause of his
option and detention.
Witness. the Honorable H. R. Steele, Judge
of the said court, this 18th day of October, in
the year of our Lord one thousand eight
hundred and seventy-fve, and in the one
hundredth year of the Independence of the
United States T. GRAvo1s, CLERK.
i The order was duly served, and the return
was that Superintendent Loan did not have
the prisoner in his charge.
The order was then directed "to the officers
OF the First M anicipal Police Court.
i During the absence of the Deputy Sheriff
with this last order, Judge Evans came to the
Courthouse as did officers of the Fist Pre-
cinct Station, and an interview was had with
Judge Steele. Lowell was on hand also
awaiting the return of the Sheriff, as were
also other friends of Kerrigap, who stated
that he had the money to settle the claim
against him, and would offer it, but that h
would refuse to deliver the delinquent list O
the parish in compliance with the demand O
the State authorities, and to recover which
the prosecution had been brought
At about 2:30 o'clock, the Deputy Sheriff
who had started with the last order returned
and reported that he had served it on Cour
Officer Houlihan, and that that official had a
first refused to receive it; had afterwards
thrown it on the ground, stamped on it, AMI
! stated that he did not and would not recog
nize it. The deputy made return in accord
ance, and while the question as to what was t
be done next was under consideration, cal
drove up, and from it stepped Kerrigan il
charge of another deputy. Kerrigan was IL
VERY DELAPIDATED CONDITION.
He was still under the influence of liquor
5 His hat was mashed in, his clothes disordered
s and his shirt, one that opened in the back
: was torn down the bosom from the neck ban'
to the waist, one of his shirt buttons was gone
and he carried his watch and chain, tn
u former detached from the latter, in his hand
n Around his neck there was an ugly rel
= wound, and from the palm of his left han
the flesh had been torn.
As soon as he stepped into the court he sale
81 HAVE BEEN ROBBED"
He was brought in, taken to the dock an
It searched, and $40 found on his person
y This he was instructed should be turne'
It over to Mr.. S. Siskron, who was present, an
:. his directions were followed.
. Judge Steele assembled the bench, and tn
Is Court was opened.
o The prisoner was brought in, accompauie
\ by his counsel, Lowell, who was somewhs
more sober than his client
The State was represented by District A
y torney McPhelin and Assistant Attorney GEL
1t eral Dibble.
n Lowell read the petition and the commi
ment and stated to the Court that his clier
had been served with the warrent of arrest Q
! Sunday, and that though its service was ill
gal his client had surrendered, confident thu
l. he could relieve himself of the charge. 3