New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-29

judge.
Norman Whitney vs. Phnn1x and Impe
rial Insurance Company. Jury out.
Superior District Court.
Thomas K. Vaughan vs. w. p Kellogg
Intervention of the State of Louisiana, by
the Attorney General, representing that
plaintiff suffered no injury. January 4, 1875
in being excluded from the House of Rep
resentatives. because he had previously
cOnsplred to seize upon the State govern
ment; that defendants acts were to protect
the public peace and interests of the State,
and that it is proper Tor the State to inter-
vene and protect him.
Marcus +. Bonis vs. Charles Clinton, Au-
ditor ct al-Petitioner alleges he holds
thirty one warrants, amounting to Sll, )
O4l &c, drawn by the Auditor prior to Jan
uary. 1874, for the salaries of constitutional
officers; that act No. 8 of 1874 provides for
the funding of warrants drawn before
January, 1874, except constitutional war
rants, which were to be paid out of back
taxes; that act No. II Of 1875 provides for
Board Of Audit, which NAV issue war
rants to the amount of $500, 900, receivable
for back taxes, excluding plaintiffs war.
rants; that the aot destroys the value of
these warrants and violates the contract OF
the State that they should be pald out OF
back taxes. and prays that the Auditor and
Treasurer be ipioined from issuing or re.
ceiving any warrants under sections three,
four. five, six. seven, eight, nine and ten OF
act No. IL. Injunction issued on bond Of
$1,000.
Superior Criminal Court.
NoLLE PRosEQUI ENTERED.
Grand larceDy-Annie Scott.
Robbery-SimOn Fagan.
CARVING concealed WAApOD IWar1
jackson.
State vs. Mrs. Bruin and Joseph Bruin,
her husband, and accessory.-GraDd lar
ceny-Slealing, in 1874, from Mrs. st. Rome,
No. 1863 St. Ann street, jewelry valued at
$l600.
First District Court.
MFoRMATIoNs.
Petty larcenv-Marie Thelemaque, Jules
Lee, Thomas Garrity.
PLEADED GUILTY.
Assault-Louis McGethlnger, Fred. X uhn.
ACQUITTED.
Assault, etc.-Nancy Russell.
Petty larceny-Arthur Augustus.
Receiving stolen goods-k Atie Epps.
CONVICTED.
johnson Smith, of petty larceny.
SENTENCED.
Petty larceny y Frank Poid, one day;
William Henry, one year; Lonis Williams,
one year; George White, three months.
Assault and battery-John Shiller and
John Weiss, one day each.
Fifth District Court.
Judge Cullom rendered the following de-
cisiOn:
c.. Lagay, administrator, vs. Mr.. and
Mrs. j. 5 Observation-Disclosures mother
sold by nutarial act to Mrs. Marston, Sep
tember ,, 1872, two lots of ground for $1,000
cash, three notes of $l000 an annuity Of
and a tomb at death. She is alleged insane
at the time, was interdicted January 10,
1873, and plaintiff appointed curator He
asks sequestration Of the property. Three
physicians report her insane three months
after the sale. She was then in defendants
house, without money or the notes, which
are not accounted for. DR.. Trudeau says
she has been in the same state since 1857,
viz: monomania of suicide, expressing a
desire to die. The disease consists Of de-
lusive sources of thought. To declare an
act performed before inrerdictiOn null, the
cause of interdiction must have been noto-
riOus at that time. G. c., 4C2; Rogson, Code
Nap, SOB; , Mercade, 3ll: Du Courroy,
Code Civil 32l; Louisiana Bank VS.. Du-
breil. NJ, 42,; Kennedy vs.. Dow. 10 NJ,
604; Laloite vs.. Lacoste, L., llJ. Mrs.
Lagay's insanity was notorious among those
who knew her. Others, including the no.
tary, consider her OF sound mind. Her ac-
1uaintance with the defendants was slight.
She is not shown to have disposed of the
notes or her money. She did not need the
tomb, as she had one already. Her mind,
though shown to have been cultivated and
polished by the influence Of polite litera-
ture to an admirable degree of refinement,
had by some unseen, unknown and potent
cause been stOrmed in its citadel, and
though not Frustrated by absolute frenzy,
was and is still totter;ng to it's base. Judg-
ment for plaintiff.