New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-28
COURT RECORD.
THURSDAY, MAY q, 1875.
United states Circuit Court

United states Circuit Court.
Present Hon.. w. B. Woods, circuit
Judge.
Great Western Insurance Company vs.
S. Vaughn g. Co.; Orient Insurance Com
pany vs. acknowledgement by default.
John COckrem, receiver. n. w. Casey
substituted, vs.. C. Cavaroc & Son; same vs..
National Park Bank.-On trial.
United States We. Adam Thomas-Ir-
formation for selling liquors without IL
cense. Ball. $500.
United States vs j. c. BaunaIl. Il.-lnforma-
ton for selling tobacco without license.
Bail, $500.
| Supreme Court.
Present-All the judges.
The following decisions were read:
REHEARINGs REFUSED.
No. $500. William McCubbin, tuso., vs.
Samuel Hastings.
No. 1853. T. 2. Leathers vs.. John W
| Cannon ct al.
No. 1881. Logan & Mackison VS.. George
d. Cragin.
No. 4707. D. C. McCan & Son Va. same.
No. 552l. Nicholas BurtaA vs. Charles
Hicks.
No. 57:sS. William Edwards & Co. VS..
Mrs. e. G. Patrick.
By CHIEF JUSTICE LUDELISG
No. 49Sj. State of Louisiana vs. Peter
Maxwell appellant.-From Superior Dis
trict Court. Appeal from tax of $50 50 of
| 1871, On the ground that household goods
etc, to the amount of $500 are exempt from
taxation. The court adheres to Morrison
VS.. Laskln, 26 An. While the exempting
the property may be void; the assessment
| of the tax is constitutional. The taxpayer
can not complain that some property is
omitted by inadvertence, or supposed
| exempted by an unconstitutional law. All
| the property has never been assessed.
| When the omission is discovered the prop
erty must be assessed. The defendant can
| not raise the question of the legality of the
| warrants. Judgment affirmed. Justice
Wyly dissents, and Justice Howell concurs.
BY JUSTICE wYLY.
No. 5377. State Of Louisiana vs. Edward
Coleman.-From Superior Criminal Court.
Appeal from sentence on conviction for
murder. The court did not err in refusing
the challenge to q witness who testified ne
had formed an impression but not an
opinion, and that it wOuM yield to evi-
dence. The opinion of the witness whether
the accused's conduct and language was
that of a rational man, without detailing
the facts, was calculated to mislead the
jury, and properly rejected The charge of
the court was correct When the defense
is insanity, the burden of proof is not on
VbO XIV ~ pAOto sanity, uOT iuu6L
the jury acquit if they have reasonable
doubt. The burden is on the party setting up
the defense. The charge that drunkenness
is no excuse for crime, and any state of mind
resulting from drunkenness, unless it be a
permanent and continuous result, still
leaves the person responsible for his acts"
was true exposition OF the law. There is
no force in the exception to the grand Jury.
1t was within the discretion of the Judge to
oil hn
another witness after the State had closed
Superior Dtstrict Court.
State ex rel. F. T. Sherman vs.. Board of
Administrators.-Mand to compel the
city to collect the drainage tax under act
No. 80 OF 1870 made peIemptOry.
State ex rel. Citizens Bank vs.. Board of
Observation-Disclosures, owners of sixty
bonds of New Orleans. Mobile and Chat
tanOoga Railroad, Of $1,000 each, issued un-
der act No %, approved February II, 1869,
and holders of ST., 600 of past due coupons,
ask ia mandamus to compel the board OF
liquidation to fund them. Rule returnabIe
June g.
Superior Criminal Court.
Hon. George H. Braughn recused himself,
having been of counsel, and appointed
Joseph P. HornOr. Esq, to try the case of
the State vs. A. NJ. Dupart, Louis Eugene
alias Petit Louis, and A. Joctair alias Ray.
mOnd, indicted for murder.
SENTENCED.
George Eugene, on new trial, pleaded
guilty of manslaughter, twenty years.
Frank Rivers, John Murphy, breaking
and entering store, two years each.
Ignatio Santa Cruz and Jose Henriguez
robbery of gold watch from Jules Car
soud on the levee November Il, three years
each.
NOLLE PROsEQUI ENTERED.
State VS.. Annie Miller and Charles
ard.-Manslaughter. Killing unin-
tentionally January q, 1875. George Wat
kins
First District Court.
INFORMATIONS.
Petty larceny-William Woodworth El-.
len Smith.
Assault and battery-Harriet and Jennie
Palmer.
ACQUITTED.
Alfred Loze and J. A. Penasas of as
sault, etc.
Henry Williams and Tony Dowd, of petty
larceny.
Lizzie Wilson, of assault and battery. =,
SENTENCED.
John Bennett, for assault, ST..
Second District Court.
SUGGESTIONS of Charles j. Fulton. Emily
+. Anderson and Alexander Galeppi,
opened.
Fifth District Court.
Judge Cuilom rendered the following de-
cision:
j. Burnett vs.. John Janney.-Damages of
$500 for taking away six bills of lading.
February 3, 1875 The bills were given de-
tendant by plaintiffs clerk, and he refused
to return them at that time, when one of
the plaintiffs demanded them, but did so
after taking them to his office and copying
them. He was then told they were not
wanted. Judgement for 500.