The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-09-07

II tney are In your Dal1WlcK.
Capt. Tobn-Will the Court make it an
order? 1 will execute it.
The Court-Let it be made an order and re-
corded.
The clerk proceeded to make out the papers
in accordance with the instructions Of the
court
Judge Dibble-May it please the Court, I
The Court-Judge, Dibbie, the Court will
hear nothing I am inclined to commit you
for CONTEMPT, in making the motion you did
before the Superior District Court. am sur
prised at you. 1t is an indiscreet and, unwar-
ranted proceeding.
Judge Dibble-I am the Attorney General
of the State, representing the State. l came
here in accordance with summons, to take
part in case on behalf of the State, and not
to be lectured by the Court.
The Court-You will take your seat.
Judge Dibble sat down, but almost imme-
diately took the floor again, and said: "May
it please your Honor, I rise to make mo-
ton"
The Court-The Court will entertain q
motion.
Judge Dibble-What desire is, that when
this case comes on regularly for hearing
that be notified. I move that your clerk be
instructed to notify me.
The Court-It shall be so ordered. Mr..
Clerk, you will see that Judge Dibble is so
notified.
Judge Dibble retired.
While this little side proceeding was in
progress a consultation had been going on be-
tween Mr. Ellis and counsel for plaintiffs,
and when it had concluded Judge Alex.
Walker arose and said that Col Ellis had
stated that he could produce the bodies in an
hour, and while wishing to maintain the dig
nifty of the Court in the interest of good order,
he, speaking for himself and his colleagues,
was willing that the delay should be granted.
Messrs. Belden and Washington and Judge
Cotton, the other counsel for plaintiffs,
signlied their willingness to grant the delay,
and the Court ordered it.
recess was taken until clock.
During the time between adjournment and
the reassemblage of the court Mr.. Alfred
Shaw, who was very much interested in the
case, but who, SO far as known, represented
none of the parties to the proceedings, unless
it was the Superior District Court, produced
Acting Governor Antoine.
consultation was held between Messrs.
Ellis Shaw, Wurzburger and the Acting
Governor, and it was reported that the talk
was for pardon in the event of Mr.. Wurz-
burger being committed by Judge Absll
Subsequent events would indicate that the
talk, if it was for pardon, was without
effect.
At o'clock the court re.assembled, all the
counsel present but Judge Dibble Mr..
Wurzburger was on hand with the plaintiffs.
Judge Dibble was waited for ten minutes,
the Sheriff having announced that he had
been properly and personally notified, and
the Court ordered that the case proceed.
Mr.. Ellis made verbal return, announcing
that the bodies of Larrieux and Frilot ere
in court, and read the order, as the authority
on which the Sheriff held them.
Judge Cotton took the floor to argue the
case, and had read the order and was pro-
ceediug to comment on it, when the Court
interrupted and said argument from the plain
titfs was unnecessary.
Mr. Ellis took the floor and lively discus.
sion followed.
The Court insisted that when the prisoners
had been released under the first writ the
order was a judgment and the second arrest
had been a disobedience and violation of
that judgment.
Mr.. Ellis commended that the Court had not
the right to pass upon the offsnss for which
the parties were originally incarcerated, that
the Court could not review the proceedings of
the Superior District Court; that the Judge
ment did not wipe out the offense, and that
the prisoners could be held by the Sheriff on
q ne commitment, unless the judgment of
the Court acted as pardon. The Court Or
dered that the writ be m ade perempsory and
the prisoners released.
Mr. Wurzburger Immediately stepped for
ward and tapping each of the prisoners on the
said: "You are still my prisoners,
and turning to the Court said, 81 will not re-
lease them" Capt. Tobin Immediately arrest
ed MI. Wurzburger, and Judge Abel commit
ted him to the Parish Prison for contempt of
court.
The Court instructed Capt Tobin to furnish
Larrieux and Frilot with an escort to their
homes, and to see that they reached there
without molestation.
Mr.. Wurzburger was conducted to the Par
ish Prison and locked up, and up to late
hour last night he was still in confinement.
1t was reported that Judge Hawkins would
make move to-day. Some parties went so
Tar as to say that he would summon Judge
Abel for contempt, and imprson him.