The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-06-09
slapped District Attorney Boyle in the faes
for using insulting language.

slapped District Attorney Boyle in the faes
for using insulting language.
In the afternoon Col Flournoy, represented
~ MS counsel, Gen. Waul, appeared to ar
swer the charge Of contempt of court Gown
sci read petition of his client which m
volved the following points:
MS acuon Saturday was hasty and uneu.
pectedly called for, but in no manner or form
intended as disrespect for the court. He sin
cere y regretted the action, the accusatiap
having been sudden and unexpected
The court ordered Col Flournoy to be dis
charged.
The jury in this case were required to take
the ironclad oath, and were composed al
eight negroes and three whites. After being
locked up since Saturday and failing to agres,
toe jury came in yesterday and announced
they could not agree. The Judge informed
them it was not customary in this court for
juries not to agree and that they must retire
again.
No jury had ever failed to agree in tho
United States Court, for it was customary b.
keep them out until they could agree. The
longest time he ever had jury to remain out
was six days, but this jury had only been out
two days. The foreman then informed tho
court that they could not agree if they re-
NAMED out until next January.
The court informed them that the evidence
was all clear; there was not q conflicting point
and unless they had been reading the Calves
ton Ne'os, there was no reason why they
should not agree He then made a careful
review OF the charge given them upon the
case. and the foreman, Mr.. Albert Sommes-
vile, announced that they had agreed.
He then handed the verdict to the clerk:
eve. the jury, find the defendant guilty"
The following writ, in connection with tho
above proceedings, was served last evening
upon the proprietors and publishers of ths
Galveston Nelos:
United States Circuit Court.-The President ar
the United States Of America to the Marshal If
the Eastern District Of Texas, greeting:
You are hereby commanded to summen
Willard Richardson, A. Fl. Belo end John j.
Hand. composing the firm of Richardson. Beic
& Co., proprietors and publishers of the Gat-
Ueston Daily Ns,os, if to be found in your diC-
trict, to be and appear before the honorable
Circuit Court of the United States to be holden
for the Fifth Judicial Circuit at the Court
house thereof in the city of Galveston, on
Tuesday, the 9Th day of June, 1875, at 10
o o'clock A. NJ, then and there to show CAUSE,
if any they can, why an attachment shall net
go against them as q contempt of court for
printing and publishing in said newspaper,
in the issue thereof dated Saturday, June s,
1875, certain editorial article, headed "L.w
and Higher Law" wherein and whereby the
proceedings in q certain cause then pending
and on trial in said court was sought to DO
influenced and the court brought into dis
repute.
Herein fail not, and due return of this writ
make Witness the Hon. Morrison r. Waite,
Chief Justice of the Supreme Court of the
United States and the seal of the Circuit
Court thereof at Galveston, ,this 7th day OF
June, in the year of our Lord 1875, and of
the American Independ nee the ninety-nintk
year.
A true copy of the original writ, certify.
c. DART,
Clerk Eastern District of Texas at Galveston.
Witness my hand and the seal of said court,
at Galveston, in said District, this 18th day
of June, A. d. 1875. @. DART, Clerk.
BY JAMES 7. SPANN, Deputy.
GALVESTON, June SIN the United Statsu
District Court this morning, in the caso
against the proprietors of the Galveston NsuR,
attorneys for defendants presented motion
to quash the indictment, on the following
grounds:
1. The court had not jurisdiction in such =
matter Of contempt, and such a proc sedme
on the part Of the court was contrary to al
law and practice of the United States.
2. The demurrer said that while the pro-
prietors Of the Ne,0s claimed the right and
privilege to discuss all questions before the
court in which the public were interested,
yet, in the article referred to on Claw and
Higher Law" no disrespect was intended to
the court, as intimated in the order of arrest.
nor any attempt made to influence the cause
then pending in court or to bring it into dis
reputes
Judge W. P. Belanger, counsel for Rich
ardson, Belo Co., expressed his desire to
state the legal points involved, but Judge
Morrill, decided not to hear them, stating that
he would take the papers under advisemeut
until tomorrow morning; the question in hiC
mind first to be settled was if the answer
was sufficient to show cause why attachment
for contempt should not issue; if it was, for
Their proceedings would be unnecessary.
The attorney for the defense in the recent
civil rights case made q motion for new trial
before Judge Woods, or Justice Bradley, al
the Supreme Court Judge Morrill, took tho
motion under consideration.