The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-02-03
THE COURTS.


Sluce tne departure OF Judge woods fOl
Galveston, that quiet SO noticeable in boil
the District and Circuit Courts again prevails
, Day after day passes, with nothing but the
filing of some trivial Government case to dis
turb the placidity of the place, or, at times
the institution of a small suit for mariners
wages The little old woman, with reticule in
hand, who formed so prominent a feature in
the Jarndyce case, would die of ennui at the
condition of things in chancery and Captain
Cutie would cut his cables at the seedy APP
pearance admiralty affairs present. When all
this will change, Mr.. Grant only can say; for I'M
til there is District Judge selected, the same
cobwebs and dust must remain about those
| precincts.
| FIFTH DISTRICT COURT.
Judge Culom this morning, in the case of
| Jno. S. Walton VS.. the Southern Express
| Company read very interesting opinion:
| Jno. S. Walton was in 1868 the Assistant
| United States Treasurer located in this city,
In the ordinary course of business Assistant
Paymaster Daniel Mcclure drew draft on
Walton, in favor Of one Lieut.. VIM i. Klmburg
| or to his order, for S233. After the usual
| time had elapsed this draft arrived in this
| city and was duly presented for payment to
Walton in his official capacity as Assistant
United States Treasurer by the express COM
pany, which had before presentation Endorsed
the draft.
The amount was promptly paid, and the
matter was thought to be settled but in 1873
the present suit was filed. After all this lapse
of time it was discovered to be Simon pure
forgery. The plaintiff, Walton, was then re-
quired to pay the amount to the United States
and after delay complied with the demand
of the Government, and paid it. Between
the payment Of the draft by Walton and the
institution Of the suit, five years had elapsed,
The Judge stated that taking into considera-
ton the impossibility for plaintiff to have
known that the draft was forged one, the
prescription pleaded by defendant does not
apply. After reviewing the other questions
of law and fact involved, Judgment was rem
dered in favor of the plaintiff.
SIXTH DISTRICT COURT.
A very interesting case was tried yesterday
before Judge Saucier, in which some very
nice questions relative to banks liability for
checks certified and afterwards found to be |
raised were involved. 1t appears one Weidner
the absconded broker, borrowed a. sum of
money, some time since, from Mr. Hellwege,
a prominent Carondelet street capitalist, to |
secure which he gave valuable collateral Sc
curity.
When this debt matured, in order to obtain |
possession of these collaterals as he no doubt |
then premeditated his departure to parts I'M
known, Weidner presented to Hellwege, a
check for the amount, duly certified by the
Hibernia Bank, and the collaterals were
turned over. When the check was presented,
it was refused payment, aud the bank stated
that it had been raised after certifcation.
Hellwege then brought suit in the Sixth
District Court against the bank to recover the
amount called for by the face Of the check as
raised. The bank denied its liability, alleging
that it certified only to the original check of
$780, and not for $1,000. The question was
then raised as to when the certificate was
made on the face and a lengthy examination
Of testimony was had to elicit this fact and
then the attorneys entered into the discus
sion Of the banks liability for its paper in
the hands Of innocent third parties. As yet
further testimony.
E. W. Huntington is for the plaintiff.
SUPERIOR DISTRICT COURT.
The dust of New Orleans shaken from the
feet of Joseph w. Fowler, when he decamped |
with some 1000 belonging to the Louisiana
Lottery Company is being gathered up in a
slight degree SO as to diminish the amount of
he detalcation. Some time since Just after |
Fowler's fancy French flourish, writ of at
achment was issued upon the application of
he President Of the Louisiana State Lottery,
;. I. Howard, Esq, and certain real estate
nd moveables fell into the hands of the {
heriff.
After vainly attempting to have the writ Of
attachment set aside, Mrs. Fowler, wife Of the
departed, filed her answer, and now the case l
omes up on its merits. Yesterday, consider
ble testimony was taken, showing conclu-
lively how Fowler had stolen the money from
he Company, his crime extending over a
ong period of time, and this morning the ex-
was continued.
SUPERIOR CRIMINAL COURT.
District Attorney McPhelin yesterday =,
lied an information against Jos. W. Fowler.
S principal, and Barnett & Cammack, as ac- +!
essories before the fact, for embezzling the o
um Of twenty thousand dollars from the {
louisiana Lottery Company.
Barnett & Cammack were released on bonds +.
ct been found. q