New Orleans Republican., 1875-09-07
NEW ORLEANS REPUBLICAN, TUESDAY SEPTEMBER 4 1875

refuses to allow us to show that. We claim
| we can obey it in another
| Judge Abell-I am sixtv. three wears of
age. l believe could, without perspiring
too freely, go over to the sheriffs office in
| hve minutes. The civil sheriff is ordered to
produce the prisoners in ten. MIR. Sheriff,
take MIR. Wurburger into custody and pre-
ceed with him, and render him all the as
sistance he needs.
| Mr.. Ellis-We decline 10 comply under
| arrest.
| MIR. Cotton said the counsel for petitioners
understood the civil sheriff would volun.
| tarlly comply it allowed time. Judge Abel
| then said whatever hour was considered
proper by counsel would be satisfactory,
| and after some discussion Sheriff Tobin
| asked for an order of court in writing,
| which was gran led, the judge stating that
| anyone who disobeyed would be held to
| strict account.
| Attorney General Dibble-If your honor
| please. desire to call your attention to the
fact that this being habeas corpus in a
civil case
Judge Abell-Mr Dibble. / feel it is al
most my duty to commit you for contempt
| OF court for your action IN this case.
Attorney General Dibble-I am pow act
| ing as the Attorney General of the State.
Judge Abell-Iou can not be Al .orney
General by violence, sir. Yol will take
your seat.
Attorney General Dihble-I am the At
torney General of the State, and am here
representing its interests. and not to be lee
tured by your honor. have risen TO make
a motion.
Judge Abell-The court will hear Won.
Attorney General Dibble-I call your
honor's attention to the fact that this is a
civi, case. and must be notified by law of
IT'S next hearing, and move the court to
order the clerk to so notify me.
1t was SO ordered, and the case was con-
tlnued until two o'clock.
At that hour all parties and counsel, with
the exception of Attorney General Dibble,
whom the sheriff reported as having been
served with the requested notice personally,
were present.
The whole proceedings of both courts
were then read by Messrs. Cotton and
Walker and Mr. Ellis.
Mr.. Ellis stating he had not been en-
gagged in the previous case, Judge Abel re-
viewed his own decision, stating it should
be free from ambiguity. and that the par-
ties had been discharged principally be-
cause there was no allegation of contempt
in the commitment.
Mr.. Ellis argued the case On the point
that the sheriff was obeying commit ment
within the legal requirements, in writing,
under the hand and seal of the court. ana
uiACStCh W Ats ptDpSI tstt I1aWk, I.
c., l7S), and that by no possible means
could the First District Court review pro
ceeding of contempt in the Superior Dis
trict Court.
Jbdge Abell-Iti is a monstrous argument
that the jurisdiction OF this court is TO be
disregarded under any form.
Mr.. Ellis-Is it not the duty of any court
to protect ITSELF!
Judge Abel-These persons were con
fined by the efforts Of hideous monopoly,
originating in mass of intrigue.
Mr.. Ellis-But the iDstigators are not
here before the court. May ask the court
a question Suppose commit contempt
of court here and your honor senus me to
prison without any commitment at all-oM
your bare word. Suppose. on my applica-
ton, Judge Cullom releases me because
there is no commitment, does thai release
me from all penalty Of contempt TO your
honor
Judge eAbell-Undoub.edly
Mr.. Elhs-Does your hono.'s release then
operate as pardon!
Judge Abell-ls the power Of the court
farce! All attempts at confinement of any
one of the people by Illegal process, the
blackest or one as white as snow, are pro-
hihted by this writ.
Mr. Ellis-l am at loss TO understand
your honor, unless your decision operates
as pardon. Your honor releases on de-
fective commitment. Is not that cured by
perfect one issued later Is the otiense
OF contempt TO this court wiped our as
with sponge by the release of Judge Cal-
lom because there wss no proper commit
ments
Judge Abell-undoubted
The judge then stated he allowed the dia-
logde for the purpose of showing counsel
that unless the judgment remained updis-
turbed the writ of habeas corpus was
mockery. The second commitment issued
to the civil sheriff was utterly void The
release was made on the character Of the
first commitment.
Mr.. Ellis, then calling attention TO the
difference of dates, Judge Abel offered
time to show the seconG commitment was
for another otfense. Mr.. Ellis stated he
had no such desire.
After short discussion Judge Aoe,l or
dered the prisoners enlarged.
MIR. Wui burger then stepped up to them.
and touching them, told them they were
again arrested. Sheriff Tobin then tolched
Mr.. Wurzburger, and tolu him he was in
custody.
Mr.. Wurzourger-lf your honor please.
have arrested these parties, and your sheriff
now tells me | am under arrest.
Judge Abel said that was the order of
the court; the parties had been enlarged
and would be protected in their liberty.
hf' Lii4s tHeL dHhluS Wuau was tne sentence
of the court, Judge Abel said there was
none if Mr.. Wurzburger did not further
disobey the orders OF the court and attempt
another arrest.
Mr.. Ellis then said that Mr.. Wurzburger
would attempt to arrest them, whereupon
Judge Abel ordered Mr.. Wurzburger to be
committed for twenty-four hours for con-
tempt.
Some slight confusion ensued by all per-
sons present rising and crowding near the
bar, as they had previously done once or
twice. but it was ended by orders from the
sheriff TO resume their seats.
A Horrible Crime.