New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-10-24
COURT RECORD.
SATURDAY, OCTOBER 90, 1875.
Superior District Court.


ct als.-Detendauts application ID bond
the injunction refused.
On reading of affidavit of plaintiffs coun-
sci the court intmated continuance would
be allowed.
Defendant then filed a petition, under
United States statutes at large, March 3,
1875, providing for the removal of the case
to the United States Circuit Court. and the
bond for costs was fixed at $1,000. Sus-
pensive appeal allowed plaintiffs.
10 re drainage commissioners praying for
homologaton of accounts-John NJ.
Hoyle, owner of four lots in the first drain
age district, alleges that an old drainage
commission did all the work necessary;
that the new commissioners have done
nothing; that the sheriff has seized the
property; that the claim of ten per cent at
torney's fees is illegal, and prays for an III
junction.
Superior Criminal Court.
PLEADED GUILTY.
Joseph Guidry, of embezzlemeps of S.,
June !, from Mrs. Hogan.
JURISDICTION.
Hon. w. w. Howe, presiding.
State vs.. John kerrigan.-Embe z2lement.
Judge Howe read the following opinion:
The information III this case contains two
counts: The first charges the accused with
having, in the parish of Orleans (while
| State tax collector of the parish of st.
James,, wrongtully used, disposed of, con
cealed and otherwise embezzled, certain
moneys received by him for and on account
of the State. The second charges him with
| having committed the offense of embezzle-
ment in the parish of Orleans, while an
| agent of the State.
| The defendant filed plea to the ju,isdic-
ton, averring that the said information
| charges him with ENLIGHTENMENT of the
moneys of tho State of Louisiana, in his
official cap acty of tax collector of the par
ish of ST. James, in this State, and that the
district court of the parish of st. james,
where the accused resides, is the only court
having jurisdiction to try the said accused"
| Article six of the constitution provides
that an accused person shall have the
| right to trial in the parish where the Of
| Tense was committed, unless the venue be
changed. The question at once arises in
this case as to where the cffense charged
| was committed"
There is nothing before the court on this
point except the information ana the plea
to the jurisdiction, and tor the purposes OF
| this discussion the averments Of the in
formation must be taken as true.
Admitting their correctness. l am unable
to see how the plea to the jurisdiction can
| be maintained.
The first count of the information charges
the accused with having committed the
otiense in the parish of Orleans. The fact
| that he was at the time tax collector of the
parish of st. James does not make this
legally impossible.
The second count charges the otfense
therein recited to have been committed in
| the parish of Orleans. There is nothing to
show that this was legally impossible.
Moreover, it must not be forgotten that
| there are many offenses which may be begun
| in one parish and may continue and culm-
nate, and so be committed" in another. A
fatal blow may be struck in one parish, and
| the death from violence occur in another.
A man may feloniously take goods in one
| parish and. carry them into another. A
libel may be printed in one parish and pub
lished in another. And go in embezzle-
| ment, the money may be received in one
parish and unlawfully detained in another.
In the absence of express evidence on the
subject, Mr.. Archbold, p. 60, is of opinion
that the venue in embezzlement may be
laid, that is, the otfense held to have been
committed, "either in the county where
the defendant received the money, Grand
perhaps more properly-in the county in
| which he ought to have accounted for it to
| his master, and did not"
In Rex VS.. Taylor Russell and Ryan, 63l,
cited in support of this doctrine, the pris-
oner received money in the county of Surrey
Middlesex. and it was held by the twelve
judges OF England that he was properly in
dicted in the latter county.
The Revised Statutes Of Louisiana, sec.
ton 9SS, provide that crime begun in
one parish and completed in another may
be dealt with, inquired of, tried, deter
mined and punished in either"
The statutes on the subject of revenue
contemplate an accounting to the State in
the parish of Orleans by the various tax
| collectors.
The plea to the jurisdiction must, there
| fore, be overrued.
First District Court.
INFoRMArIoNs.
Petty larceuy-Joseph Mushon. William
Alexander, Henry Wilson, Taylor McCor-
mack.
Obtaining money. etc.-Joseph Mushon,
William Alexander, Taylor Mccormack.
Horse stealing-Henry Davis.
Assault and battery, etc.-John Henry
alias Nibbs, Ben White, w. d. Oliver,
Henry Woods, Mary Eagan, Peter Killea,
| William Randolph, Phoebe Smith, Daniel
Shay, Jack O'Conuell
| vERDICTs.
Bill Haywood, guilty of petty larceny;
Henry Sierra, not guilty of assault and bat
terry.
SENTENCED.
Manuel Barriere, petty larceny, two
months; Henry Morton, assault and bat
| terry two hours.
second District Court.
SUGGESTIONS of Clifford Forbes. Mrs.
Jeanne Driven, Anna Seller, Mrs. Bridget
| v. Mcmahon, James McKeever, Philip j. f.
| Woods, Elmina M. Camus and James
Byrnes opened.