New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-24
COURT RECORD.
THURSDAY, DECEMBER %, 1875.
United states Circuit Court.


Presentation. W B. Woods, circuit
judge.
United States va. George A. Sheridan.
Petition ordered by the Secretary OF Treas
ury to recover Sl735 received by defendant
as member of Congress. The court refusing
to change the jury as asked by the District
Attorney. instructed them to inc for the
defendant, which they did without leaving
their seats.
superior District Conrt.
5. A. Hartwell VS., New Orleans, St. Louis
and Chicago railroad.-Su;t on three notes
for sl3393 &c.
w. G. Da PAW ys. same.--Suit on six
notes of $4,000 each, seven of S2500 each,
one of SlSi3 IS. and one of $1,000. Total
prayed for, S55.737 SO.
Hale, Ayers Il Co. vs same.-The plain
tits have obtained process of garnishmeut
against many debtors OF the defendant com.
pany, and attachment against many times
the amount of funds claimed in their petit
ton. Rule to reduce the sequestrations
made absolute.
Same vs. same.-Thirj opposition Of S. II.
Adger and George II. Bates dismissed
Superior Criminal Court.
MOTIONS.
OBSERVATION-DISCLOSURES vs.. Bernard Di-
nant. Motion to quash indictment refused
Bill reserved.
Rspe-Joe Alexander convicted Of as
sault with attempt to committe rape. Mo
ton for new trial granted, as there is no
such crime on the statute, and that if the
verdict was assault with intent to commit
rape, the court had no jurisdiction to sen.
tence the accused
State vs. David r. Fenderzen. murder,
| under sentence of death. Motion for sus-
pensive appeal granted.
Judge Steele read the following decision:
State OF Louisiana vs. David R, Fender
son, No. 59l.--On motion for appeal The
accused was tried and convicted Of willful
murder, and on June I, 1875, was sentenced
to death. On June y, 1875, the usual delay
baving elapsed, and no appeal having been
asked for, the record in the case was for
warded TO his excellency the Governor of
the State, with the certificate of the clerk
of this court that the judgment was final,
in accordance with the well established
practice of this State, and thereupon a war
rant was issued by the Governor for the
execution of the accused, and the thirty
first day of the present month fixed for the
execution. Now, on the sixteenth of De-
cember, nearly six months having elapsed,
the accused moves this court to grant him
suspensive appeal from the Judgment
herein, returnable to the Supreme Court of
the State.
The question arises: l. there a limit to
the time within which appeals can be grant
ed in criminal cases, and can this court
grant suspensive appeal after having GER
titled to the executive that the judgment in
the case is final!
The statute, section 1901 Revised Stat
utes, provides that in criminal cases ap-
peals should be made returnable to the
supreme Court as in civil cases. But |
find no law limiting the time within which
appeals may be granted in such cases. If
the judgment had gone into execution with
cut objection, it would be clear that no ap-
nOt,1I hA 1&,.A Al
ind the accused within the jurisdiction
of the court, and the judgment unexecuted
The accused has, in measure, acq uiedced
in the judgment BY appealing to the exec1-
tive for clemency, or a modification of the
sentence.
Still, as this is new question prefer, if
must err, that it should be on the side of
mercy. II is, therefore, ordered that the &C.
cused, David K, Henderson, be granted
suspensive appeal from the Judgment in
this case, made returnable to the Supreme
Court sitting at New Orleans, on the seven
teenth of January, 1876, and that a copy of
this order be forwarded to the Criminal
sheriff OF the parish of Orleans and to his
excellency the Governor of the State for
their information. 1t is further ordered,
that so much of the motion for appeal as
prays for the forwarding of other evidence
than what properly pertains to the full
| record of the proceedings in this case be
| rejected and overruled.
PLEADED GUILTY.
Ed. Bermudez, using personal violence
upon member of the Metropolitan Police
force.
SoLLE PRosEoUI,
State VS.. Pete Phillips.-Perjury. Re-
manded from Supreme Court. The main
witness for State is dead.
AFFIDAVIT DISMISSED.
Perjury-Rachel Perkins, alias Columbus,
alias Baptiste.
RELEASED ON OWN BOND.
Observation-Disclosures II. Kitchen. Case
continued indefinitely, and accused dis
charged on his own bond of $1,000.
First District Court.
AFFiDAvrrs DISMISSED.
Violation of act No. 81 of 1874 (an.i-pri-
vate market law-victor Crastat. II. Doves,
Basile Meas, Leven Souls M. Rogue, Jean
Bodet. r. JEAN F, Lamarque, T. Pompere,
Jean Bares, L. l.. Langdon, Mrs. Noel La
casque, Jean Marque, Joseph Hoat and j.
Barres.
Obtaining goods, etc,-C. Walters, alias
Benson.
NFoRMATIoNs.
Petty larceny-Mat Guinnie. Fred Epps,
Pauline Peyton, Annie johnson, Elmira
Charles and Jules Parker.
Harboring thleves-Pat Mehan.
Receiving stolen goods-C. A. Gaillard
Assault by willfully shooting, e.c.-F.
Kennedy.
vERDICTs.
State vs.. F. Kennedy.-Assault with dan
gerous weapon. Mistrial and nolle prosequi
entered for this charge and assault with IN
tent to kill. New information filed for as.
sault by willfully shooting at.
States VS.. Jules Parker.-Petty larceny.
Not guilty, and new information filed
NoLLE PRosEoUI ENTERED.
Charles Williams, on attempt at bribery
Second District Court.
SUGGESTIONS of Pierre Faure or Flaure and
Ann Murphy, widow of James Buchanan,
opened.
Filth District Court.
William Lotz VS.. Joseph Santini.-On
trial. This is a case involving the consid.
GRAFTON of accounts. Three of the Jurors
presented, two colored and one white, de-
clared on the noir dire that they could not
read or write. They were accepted by one
side and objected to by the other. Judge
Cullom excused them, and sustained the
objection on the ground that the law max
ing them competent jurors was founded in
reason, and it was against common sense to
suppose that persons unable to read could
intelligently examine accounts. All they
could know OF them must come from other