New Orleans Republican., 1875-09-07
COURT RECORD,
MONDAY, SEPTEMBER G, 1875.
First District Court.

MONDAY, SEPTEMBER G, Is75.
First District Court.
Francis Frlot VS.. civil sheriff of Orleans;
John Larrieux VS.. same-Habeas corpus.
Petitioners alleged that, August 20, they
mad prayed for a similar writ to release
them from confinement by order OF the Su-
periOr District Court; that after hearing.
lasting several days, they were so released:
that the judgment was final: that, Septem-
ber 4, Assistant Attorney General DibbIe
obtained from the Superior District Court
an order for their reimprsonment by the
civil sheriff for eight days; that the order
was executed; that the arrest was Illegal:
!. Because no lust cause OF imprisonment
is disclosed. =. Illegal in form, and be.
yond the jurisdiction of the Superior Dis
trict Court. 3. That the civil sheriff was a
party TO the original proceedings, 4 and ).
That It commands the sheriff 10 violate the
laws and the constitution. 6. That the
judgment has been satisfied.
The petitioners had surrendered to the
civil sheriff, and we're sworn to their Deti.
ton by deputy clerk who went - the
civil sheriti's office tor that purpose. The
case was fixed for twelve O'Clock,
AT that time were present in court the
Attorney General and counsel for accused :,
Shortly Mr. Ellis appeared for the sheriff.
represented by Mr.. Wurzburger, his chief
deputy, and announced that they made re.
turn that the sheriff held the petitioners by
virtue OF the order Of the Superior District
Court, made part CT the, answer and the
following articles Of the Code OF Practice:
ART. Sll Whenever habeas corpus
shall have been obtained for person no
Is confined by virtue OF final Judgment or
order OF any competent tribunal of civil or
criminal jurisdiction, the officer having the
legal custody of such prison need not pro.
Cuce him unless specially ordered to do so,
notwithstanding such final Judgment IN the
cases laid down in the following article, and
1t shall be sufficient for him to return the
habeas corpus. with his answer in writing,
annexing the Judgment or order by virtue
OF which the person is SO confined.
ART. sl2. The Judge may direct that the
person confined shall be produced before
him, notwiths standing any final judgment,
sentence or order under which he NAV have
been deprived of liberty, if it appears to
him that from some cause expressed in the
affidavit on which the habeas corpus was
granted, or n the answer accompanying
the return of the writ, this production is
necessary to enable him TO grant TO the
party the relief prayed for.
Mr.. Eills-Now. If the court please, we
nave had no service Of the affidavit, we
have seen no petition, We do not know how
contempt has
Judge Abell-I will hear nothing but an
answer to the writ OF this court When
that return is made l will hear you. Until
then | will hear no argument The arrest
or these parties IS an act of lawless vio-
lence, an outrage on the people and the
great writ that issues in their name You
may not show what defense you have till
the parties are here.
Mr.. Ellis-These persons We do no. depv
having in our custody.
Judge Abell-This cour. will not stanl
still and see its orders trampled upon
Mr.. Ellis-But may we not show that the
writ is not specia. That we may obey the
writ in this way
Judge Abell-1 tell you. Mr.. Ellis, can
not hear any. argument till the parties are
produced, and ! nust request you TO sit
down.
Mr.. Ellis-Blt there are two ways
Judge Abell-1 can not hear you. Mr..
come to the bar.
Mr. Wurzburger advanced.
Mr.. Ellis-But may l not again call the
attention OF your honor to the two modes
indicated by the code OF obeying this writ!
We contend this is the special case by the
Judge Abell-The court will not 60 behind
its order.
Mr. Wurzburger - VIII your honor,
knowing me as an official and personally,
allow me Two minutes TO ask question,
knowing that / intend no contempt-
Judge Abell-The order of this court
must be obeyed on the instant. can not
allow a word.
Mr. Ellls-l can assure the court that
share to the fullest extent the opinion of
the court on the writ of habeas corpus.
Judge Abell-Mr. Ellis, think the court
should tell you to sit down. Here is the
great writ of the people trampled upon.
htu 10 n
1t is in vIndication of the great writ of
nabeas corpus that l am presiding in this
case. Sir, we have seen in the past few
years courts created for party purposes, to
serve party ends. 1t is sad state OF affairs,
and time that good men should be pro.
tected Where is the protection if this writ
is violated The patience of the people
has been tried to the utmost Millions
have been wasted aud courts created for
party ends only. One court has been
created in which all the financial affairs of
the city are to be determined. II is made
he only court in which such affairs can be |
determined. Another court has been
,reated superior to this to determine Grim |
nal matters, and from that court learned |
and upright judge bas been removed TO |
make room for another gentleman who had |
where the State was supposed to have |
]een defrauded of $l30,000. There |
> our learned and excellent friend who is |
upposed for recommending this appoint |
nent to have received an appointment worth |
$50 000--I don't know how much. Now,
lere is proposition for court to ram peo-
.le into dungeons without process of law.
The people seem to be powerles. They can
lot resist the President nor the army aud
lavy. They can oppose nothing against
irant. They have been robbed and plum.
lered. They have made firm resistance
nd free surrender. Now, you ram and
am men into cells. Have we no right TO
ook into it! Oh, no! you say.
Mr.. Ellis-I went to ask
Judge Abell-l know Mr.. Wurzburger as
good citizen and sn elegant officer, and
IN sorry that the burden of committing
i'm is forced on me.
A short consultation took place between
ounsel, Mr.. Wurzburger saying he could
r0duce the prisoners if allowed time.
Judge Abell-If, then, you prodnce them
: eleven or twelve tomorrow
Messrs. Cotton and Walker objected that
be sheriff could produce them in Q few
linutes.
Mr.. Ellis-We are claiming that we have
beyed the writ in one way. Your honor