New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-10-20
COURT RECORD.
TUESDAY, OCTOBER 10, 1875.
United State

United States Supreme Court.
The following cases were submitted Oc-
tober Is:
Semmes Vs. United States.-Error to the
Circuit Court for the district of Louisiana
This is proceeding to recover property be-
longing to Semmee, confscated in 1862, the
plea being that there were various irregu-
iarities in the confscatiOn process which
rendered the result void, but the chief point
being that the subsequent pardon of Semmes
restored his property rights. The court be-
low decided against the right to recover,
and this decision is the error assigned here.
The claimant asserts that if the confscation
was not legally declared, then the govern
ment acquired no rights under the decree
which were not extinguished by the special
pardon granted him. The government
maintains that the cOnfiscation was legally
denounced, and that it being proceeding
distinct from and independent of the trea-
sonable guilt or innocence of the owner of
the property seized, pardon for treason can
not restore rights of property, as against an
innocent purchaser for full value.
McLemore vs.. Louisiana State Bank
Error to the Circuit Court for Louisi ana.
This was an action to recover of the bank
the amount of certain securities deposited
with 1t, which were taken from its vaults
by the army under General Banks, and ap-
Piled BY military commissioners to the pay
ment OF q certain debt, to secure viii oh
they were pledged. The court sustained
the defense setting up these facts, and it is
here maintained that notice to the party
making the pledge was just as necessary in
such q case as in any other, before the sale
could convey title to the property
pledged; and that there was not notice in
this case. Therefore there was no valid
sale, even though made in the manner
pleaded.
Superior District Court.
Sheridan Shook ct al. VS.. w. j. Cogswell
ct al.-On the call of the motions fixed, de-
fendants' counsel stated to the court they
on an entirely different basis than the one
in New York. There the question had been
one OF copyright; here it was of proprietor
ship. They were informed printed COPY
OF the play Of the 1.-TWO Orphans" could be
obtained. in which case the plea of pro-
prietOrshiD must fail. and asked time to
produce it. Judge Hawkins considered the
motions to qnash the injunction and the
writ Of distripgas the most important, and
continued them to October 81.
Superior Criminal Court.
INFORMATION.
State vs.. j. Kerrigsn n-Emhezzement on
two counts. of tiking, as official agent of
the State, $4,000 In United States currency
"uu oohNoiuHS IL 10 his own use.
NoLLE PRosEoUI ENTERED.
Carrying concealed weapons-Louis Wal
lace, James Hall.
vERDIcTs.
William Henderson, alias Crszy Bill, not
guilty OF assault and battery; Sarah Griggs,
alias Reed, mistrial On grand larceny.
First District Court.
JURY.
The Jury commissioners are ordered to
draw thiity-six names from the wheel to
report November 9.
NoLLE PROsEoUI ENTERED.
Assault and battery-Benedict Push, Syl-
vester Gilmore.
-i vERDlcrs.
Joseph Thomas, .guilty Of petty larceny;
GsOrgians Gilmore, mot guilty Of petty lar
ceny; Louiss Gay, mot g6ilty of assault and
- esessa Dlseace Csurs. . 2,
Succession Of As. Elizabeth 8. ClApp
openod. fa-H