New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-06-08
COURT RECORD.
MONDAY, JUNE :. 1875.
Superior District Court.

| February 8. 1871, to secure payment Of
| $1,000 and $2025; that they were sold to him
February "a. 1872, with privilege of re-
| demptiOn in one year and not redeemed;
| that they have been attached in cults in
| other courts for taxes for 1860, 1863, 1860,
| 1866 and 1868, and are advertised by the
sheriff to be sold June 8; that he is not
| liable for these taxes: |. Because they were
| not recorded; 2. Because he purchased on
| certificate that there were no taxes
recorded; 3. That he is not liable for taxes
of Perraudet: 4. That no other court than
| this has jurisdiction. lni junction issued on
bond Of $500.
Superior Criminal Court.
Special term of fifteen days session or
dered by Judge Braughn commenced
Thirty jurors were obtained from the list of
100 names drawn by the commissioners.
NoLLE PRosEQUI ENTERED.
False imprisonment-A. 5. Badger Rob
ert Harris and j. j. Pierson. This is one of
the cases arising from the arrest of Joaquin
Rodriguez, the Spanish paymaster, who fed
from Havana with $4,000 of the funds OF
his government and who surrendered it to
the Spanish consul. The charge Of high
way robbery, on the same basis. made
against the same parties, was disposed of
by nOlle prosequi in May last.
PLEADED GUILTY.
Sydney s. Stout, of grand larceny OF
about $4,000 in notes. checks, ETC., from
the safe of the City Hotel November :,
1874, Withdrawing his former plea of not
guilty.
ACQUITTED.
Robert Harris, of false imprisonment Of
+. G. Patton, whom he arrested August II,
1874 on the charge OF arson.
TRUE BILL.
State VS.. j. MURPHY. False imprison.
ment; ,. Assault and battery. for the arrest
Of Patrick Dolan, May 10, 1879.
SENTENCED.
Joseph Formaz, carrying concealed
weapon, $25 fine or thirty days in the
Parish Prison.
D. r. Henderson, on verdict Of guilty of
murder, OF killing Alice johnson, at No. 207
Bienvilie street, April 16, 1875. True bill
returned May II; verdict May &C. sentenced
to be hanged by the neck until dead. at
such time as the Governor shall appoint.
First District Court.
APPROXIMATIONS.
Petty larceny-E. Tillman, Charles
Joseph, Robert Armstrong, James Dowd,
Louis Tuado, Thomas Hamilton.
Assault and battery-Jean Torregano,
George McClary, Pierre BUTLER, Victor
Flo,te. Amanda Davis, Adele Engelbracht,
John Tilman, two cases, Stewart, James
Douglas.
" Receiving Stolen goods-J. P. Henry.
Malicious mischief-Mrs. NJ. Boylan.
Accessory to breaking and entering
Thomas Brown.
NoLLE PROsEQUI ENTERED.
Petty larceny-James Cunningham.
SENTENCED.
Isaac Monroe, for petty larceny. one year.
JURY.
Thirty.six names were ordered to be
drawn from the wheel for the June panel.
Fourth District Court.
Abraham Cohen va. Charles Morgan
Damages of $500 for illegal election from
defendants cars, whereby plaintiff had to
walk eleven miles to New Orleans after
having been carried to within that distance
from Brashear. Verdict for defen dant.
Abraham Bower vs. Myra Clark Gaines.
Judgment for plaintiff for 1882 s..
United states Circuit Court.
Present. Hon. w. B. Woods, circuit
Frank NJ Ames, trustee, VS.. s. B. Cole ct
al-The decree Includes the answers of
Boynton Brothers, Bushnell, Cole & Co.,
X. w. Rogers, Thomas l.. Carter, 5. l..
James, l.. j. Dodge, Attorney General A.
p Field, j. B. Cotton, j. Z. A. Fellows.
Sheriff Martin, of Jefferson, the sheritfs of
St. James, Ascension and St. Charles and
Governor w. 7. Kellogg, and orders:
First-That the mortgage of March Is,
1870 Of the New Orleans Mobile and Chat
tanOOga railroad is a valid mortgage and
gives tn holders of the bonds referred to,
Represented by +. NJ. Ames, the first mort |
gage lien on all Of the property superior to |
the claim Of all defendants herein and all |
persons whatsoever, and the purchase by |
said Ames as trustee under proceedings to |
foreclOse the mortgage conters upon the |
purchaser absolute fee title, free from all |
privileges claimed to have been created |
prior to the said sale, and all rights set up |
by defendants are concluded by the decree |
OF foreclosure.
Second-That the act Of Louisiana of |
February 81, 1870, does not confer on the |
State or the holders of any bond of the |
State issued to the corporation any mort |
gage right whatsoever, and the defendants
have no right to assert any privilege |
against the holders of the bonds declared |
be first mortgage bonds, represented by
the trustee, against any part OF the prop
erty.
Third-That the proceeding in the Supe-
rior District Court was prosecuted to judg-
ment after this court had become vested |
with jurisdiction, and that the act of Feb
ruary q, 1870, does not create lien and |
privilege, nor does such privilege exist, and
whereas, the rights of the holders OF the |
first mortgage bonds had vested IN them
before tho passage of the act, and before
the State could acquire any lien, it is spe-
cial)y decreed that neither the State nor the
defendants acquired any lien against the
holders of the first mortgage bonds, and the |
price the property sold tOrbeing less than
the amount secured, and the sale confirmed,
and that no judicial mortgage was created
by reason of any judgment Of the Superior
District Court.
Eonrth That defendants Royutop
Brothers, and Bushnell Cole & Co, Car
ter, James, Rodgers and Dodge having dis
claimed any desire to resist complainant, |
he his entitled to the relief prayed for
against them.
Fifth. That the bill stand over as to Eel
lows, Cotton and the sheriff of Jefferson.
That the sheritfs of St. James, Ascension
and st. Charles, and Attorney Generl Field
disclose no interest other than to enfore the
Judgment of the Superior District Court,
and complainant is entitled to the relief
prayed for.
Sixth. A decree pro con tessO having been
taken against Governor w. p. Kellogg, he
has no right in any capacity to interfere IN
compliments enjoyment of the property.
That the restraining order and Injunction
heretofore granted be continued, and de-
PENDANTS are perpetually enjoined from
suing out any process based on the judg-
ment of the Superior District Court for the
purpose of interfering with complainant in
the enjoyment of theebroperty, or attempt
ing to enforce the p1etended lien created
by it. That complainant have execution
for costs, and the complaint be dismissed
as to Hawthorne and Eerrell
Myra Clark Gaines s. city of New Or
trial REVEAL.
Good Intent Tdat Company ny, o VS.
cams G Junlatagm tS N s Gsseo