New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-04

within the cityof New ORLEANS aforesaid
except such ASSOCIATION shOulA cot undo
end in conformity with tho stipulation
contained in the aforesaid agroeu1ent. mad
and entered into BY and between the city q
New Orleans aud the Firemen's Charitsbl
Association.
And the respondents further answerin
say that the use of BabcOck's fro extir
Ruishers at fires in the way and name
claimed by plaintiff, and in any other wa,
. or manner, not authorized or assented t
BY these respondents, is AN unlawful an,
nm warranted interference with the polio
and governmental power of the State Q
Louisiana and city Of New Orleans. relativ
to fires in said city, and the extinguisb
ment thereof; with the absolute control o
the tire department over all persons en-
gagged in putting out fres; with the ex
elusive authority Of the chief engineer o
the fire department at scenes Of con
fagration; and with the stipulstions ami
provisions Of the contract hereinabOv,
particularly referred to.
And further answering these respondent
say that if the Teutonis Fire Insuranc,
COmpany has the right to use and employ
the Babcock fire extinguisher at fires within
the municipal limits Of the city Of New
Orleans, without the consent and against
the wishes of these TespOndents, then, and
IN that event, the owner or owners of az
unlimited number OF various other machines
operated and controlled by sundry agents
and employees of opposing and conflicting
| interests, may exercise and enjoy the same
| privileges, and by the elements of disorder
thus introduced. any successful effort to
exflnguish fires through the fire depart.
ment, now established in conformity to
| law, will be rendered impossible.
And rec0nveDing, and now becoming
plaintiffs in reconvention, these appearers
show unto your honor that plaintiff herein,
and the board Of underwriters, and the
insurance companies and associations OF
the city Of New Orleans, have maliciously,
improperly and Nnlawfully combined and
cOnfederated together to embarrass the
Firemen's Charitable Association, and un-
justly and unlawfuliy to bring about its
dissolution; and that this suit has not been
Instituted merely for the purpose of secur-
ing the use of the Babcock's ex,inguishers
at such fires as may take place in the CITY
OF New Orleans. illegal though that pur.
pose may be. but by that means, and by
others which these appearers will show
upon the trial Of this cause, to accomplish
the unjust and unlawful objects and ends
hereinabove alleged and set forth.
That on account and by reason of the
unjust and illegal acts and conduct of
plaintiff in the premises, reconvenofs have
been subjected to great loss and damage
amounting, with counsel fees, which these
respondents will be compelled to pay, to not
less than 5000.
Wherefore these appearers pray that on
the original action judgment may be rem
dered in favor Of these appearers, aud
against the said plaintiff, with costs and
general relief in the premises; that the leu
may be cited to appear and answer the
demand in reconvention; that in due course
OF law the injunction herein granted NAV
be vacated, set aside and held for naught:
that the said company and it's security upon
the injunction bond, may jointly and seve. |
rally be condemne to pay unto the Fire
mems Charitable Association the sum of |
$4,000. with interest thereon a5 the rate of |
i've per cent per annum, from judicial de. |
mand until paid: that reconvenors NAV
recover the costs of reconvention, and have |
such other and further order, judgment and |
1ecree as is suited to law and the nature of |
The case.
b. +. Taylor VS.. New Orleans, jackson
md Great Northern Railroad Company
Plaintiff claims $4,000 damages for losses
'aused by defendants nonfulfllment of
contract tor carrying lumber from his saw-
nlll to the city. Verdict of jury for plain.
if, awarding him 1885 "a, for 1862 feet of
lumber.
Superior Criminal Court.
BAIL.
In the case of Lou Dudley, charged with
rson. q motion for bail will be heard on
he fifth instant
CONTINUED.
Embezzlement-Ben Montague, indefn.
ely; discharged on bond.
MIsTR1AL.
Purchasing certificates of registration of
oters-Peter Bradley, two counts.
PLEADED GUILTY.
George Shifflsy, guilty of
'rceny, three months Parish Prison.
Carrying concealed weapons-William
len,eps. Henry White, each sixty DAYS
arish Prison.
PLEADED NOT GUILTY
Carrying concealed weapons-Charles
vans.
NEUTRALITY-SUSPICIOUS. Lee.
Burglary-Walter Manuel.
with dangerous weapon with
tent to kill-James Ross
and entering shop. Williams.
VERDICT.
Grand larceny-Delia Diamond, not
lily.
SENTENCED. :
johnson, eight wears
nltentlary; Willis Pugh and Robert Will | Z
ms, three years each.
JURORS. i,
The following is the list of Jurors i'm. q
neled to serve during the February term:
nj Fourchy, William McDuf, j,
Uthoff, j. Waller, u
car Chopin, Thomas A. Archer, q
Fagin. l.. Kottwits,
Beltram. John Jacob Thomas,
orge Lanaux, Mateo Azcona. 81
Schwartz, Nicholas Miller. A
m Collins, Francis Bone, a
aries Munich, +. w. Thlele,
e Rarru AT H.a.a..- | o.