New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-06-22
COURT RECORD.
MONDAY. JUNE 81, 1875.
SUPERIOR District Court.

/ e0VoGsVR DuDAEACS NV0G6s
William p Kellogg. for use of the State
of Louisiana, We. Charles Clinton. Auditor
Supena duees tecum issued to defendant to
| produce, June %. 1875, the warrant books,
evidence of settlements with tax collectors,
| in 1873, 1874 and 1875, and Treasurer; the
legislative warrants of 1870, 1871 and 1872,
| for $l3S, 557 33, issued March II. 1874, and
delivered August q, 1874: the voucher for
payment to j. w. Armstrong of $l0,796 10.
and that for military purposes in Septem-
Der. 1874. for 10000.
James Wood VS.. city Of New Orleans and
sheriff.-Plaintitt alleges three pieces Of
property have been improperly seized, and
described as unimproved. when there are
buildings on them, and that the assessment
is null and void. as being in excess OF their
value. Injunction on sale issued on bond
of $500
City of New Orleans vs.. sundry tax de-
linquents.-Suits filed and defaults prayed
for.
Superior Criminal Court.
GRAND JURY FINDINGS.
State vs.. Charles NelsOn-ArsOn. SettlDg
fire to dwelling house on Laurel street. near
Third, June 3. 1875. Not true bill.
State VS.. Jose Gastro-Sodomy. commit
ted with Christian Beck, German boy.
seventeen years old. June IL, 1879, on ac-
cuseds schooner at Old Basin.
State vs. W. l.. hompson--Extortion
under color of office. Obtaining from e..
Herbert 81 for bond money.
State VS. same-EmbezZlement ot % %
| fine of Constable Sweet as agent. belong Ing
| to Frank Roberts and Louisa Refer.
State vs.. James Connors Murder. the
State failed to show any coherent evidence
| of the vitality OF the corpus detesst sworn
by DIR. Finney to have been dead of small
! pox and decompnsed, and bail was fixed at
| $500
State Vs. Alexander Newton.--Murder.
| Jury out.
F:rse Dissric, Court.
IeFoRMATIONs.
Assault and batterv-Lewis Jcnea. Wi
| liam Scott, James Clarke. John Walias.
| Mrs. Dickerson. l.. A Duvigneaud, W. II.
| Thomas, Louis Meyers, Martin Mont
| gomery.
Petty larceuy-Henrv Hall. Laura Smith,
! Bill Williams, John Davis. Arthur Ran
dolph.
Entering, etc Ben Berkery.
NOLLE PROsEQUI ENTERED.
| Michel Higgens for assault and battery.
vERD1CTs.
Petty iarcen,-Wlllam landau guilty:
| Beverly Greene and Ann benedict. nor
guilty.
| SENTENCED
Petty larceny - George Whitfield. Six
months.
| Assault and battery-John TiliEan. two
! cases. one day each.
| second District Court.
| Edward J. Schinkei and Anna Cati:erin e
Losberg pray to be emancpated
Third District Court.
| Judge Meunier rendered the :o.iow:n :
decision:
| state of Louisiana ex rel John Bennett:
| L ~ Lob "A
| cation ior wit of habeas corpus. John
| Bennett the reiator herein, alleges that he
| is now and has been Tor some time past de-
| prired OF his liberty and unlawt1lly con
| fined in the Parish Prison by Captain Pc
| gram the keeper thereof, under pretend
| ed judicial order or commitment. issued by
| the Hon. W. l. Evans, Judge OF the FIRST
Municipal Police Court, in which 1t = SET 81.
| forth that the relatOr was drunk and dis
| turbing the peace at the time he was ar
| rested, and that he is a dangerous and sus
| picious character, which charges are false
| and untrue The relator further alleges
| that he has violated no law known to this
| city or to the State of Louisiana. and that
the sentence under which he is now con
| fined in the Parish Prison, as above stated,
is unlawful and constitutes tiagrant usucp-
| alton OF Jurisdiction on the part OF the I'd re
| of said First Municipal Police Court Aad
| the relator prays that writ of habeas cor
| pus do Issue herein, commanding SAID
| Pagram. captain of the Parish Prison. to
| bring the relatOr before this honorable
| court. together with the cause OF his cap
ture and detention, and that after due pre-
| ceedngs he be released from the custody OF
! the criminal sheriff and set at liberty. L.
B. Pegram, the keeper of the Parish Prison.
after producing before this court the body
of the rela:or, John Bennett, AYERS in his
| answer 10 the habeas corpus served upon
| him. that he holds the said relator in Gus
| toiy by virtue OF commitment directed to
him from the Hon. w. L.. Evans, Judge of
the First Municipal Police Court. which said
commitment the respondent now exhibits as
| making part of his answer. The mittimus
under which the relatOr is now confined in
the Parish Prison is signed by Judge w. l..
Evans in his official capacity, and sets forth
that the relator herein, being convicted OF
drunkenness and of disturbing the peace.
has been condemned to pay fine OF SIS,
| and, in default of payment, to thirty days
imprisonment in the Parish Prison. In the
| argument made in behalf of the relator by
his learned counsel, the defense is that the
Judge of the First Municipal Police Court
has exceeded his jurisdiction, because there
| is no law giving to that magistrate such a
criminal jurisdiction as to empower him to
try the otfense charged to the relator, and
| to sentence him, in default of payment of
| the fine imposed upon him, to Imprisonment
| in the Parish Prison for term of thirty
days. that if such law exists it is uncOp-
| sttutional. because it denies the relator the
right to be tried by an impartial jury from
| the vicinage, in direct violation OF article
six of the constitution OF the State. Under
| the title Of Otfepses and nuisances. article
GAL of the Revised City Laws and Ordi-
nances provides as follows:
| mo person shall make a violent noise or
| create d disturbance or otfense against pub
| lie peace, by intOxcatiOn or otherwise
| Section ten of the act of May. l.. 1873,
| creating the municipal police courts for the
| city OF New Orleans and defining the juris-
| dicrion and officers thereof, contains the
following enactment:
1.-The Judges of the several police courts
| shall have the power to enforce the OrGi
nances of the City Council, and for the
violation of the same the judges shall have
the power to impose fine OF not less than
s. 80 nor more than 50 for each and every
otfense, and, in default of payment, to i'm
prisonment not less than one day nor more
than thirty daya.'
Article Gal of the city laws and ordi
nances above mentioned defines the etfepse.
aud section ten of the act of May L.. 1878,
designate the courts before which the vio
latiOns of said article GAL shall be prose
cuted. and provides for the punishment OF
the offender. The constitution of the State
of Louisiana declares, title is. article
seventythIee:
The judicial power shall be vested N
Supreme Court. n district courts. il parish
courts and il justices of the peace. Article
ninety four provides: NO judicial powers.
except as committing magistrates in cri!ni-
nal cases. shall be conferred On any otiicers
other than those mentioned in this title:
except such as may be necessary IN towns
and cities, and the judicial powers of such
officers shall not extend further than the