The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-09-07
THE BUTCHERS WAR.
BattledOre and ShuttlecOck.

About II o'clock Monday morning Larrieux
and Frilot, the two butchers imprisoned for con-
tempt by Judge Hawkins and released by
Judge Abel, presented themselves to deputy
sheriff Wurzburger and surrendered them
selves as prisoners under the order issued on
Dibble by Judge Hawkins. There was quite
a crowd gathered in the Sheriff 8 office to see
the heroes of this battle, but they did not
seem to feel the honors thrust upon them.
The Deputy Sheriff informed the attorneys
for the defense that he considered he now had
custody of them, and that he would take care
of them until the expiration of their sentence.
clerk of the Sixth District Court who swore
Larrieux and Frilot to an application for an
other habeas corpus before Judge Abel.
Proceeding to the First District Court Judge
Alex. Walker read the application for writ
of hebeas corpus.
The application set forth the proceedings
and circumstances attendant on the arrest,
and alleged that the same and the detention
was unlawful.
A copy of the peculiar order of Judge Haw-
kins was attached.
Judge Abel granted the writ, but said it
was mere child's play, that the petitioners
nounced the whole proceedings in the Supe-
rior District Court and the order of Judge
Hawkins deed of lawless violence He was
not astonished at the order, but he regretted
it. 1t panied him to think an order of the
kind could issue from any court.
The Court was powerless. Injunctions of
the court had been disobeyed before, and
parties who had been arraigned before it came
with a pardon in their pockets.
The writ was made returnable at IL O'Clock.
At about IL o'clock counsel for the petit
TONERS, and Hon. E. John Ellis, repres enting
the Sheriff. appeared in court.
Mr. Ellis asked time to prepare an answer,
and ten minutes was granted.
At about 1920 Assistant Attorney General
H. G. Dibble entered and took his seat.
At about 1890 Mr.. Ellis entered, accompa-
MED by Mr.. Wurzburger, chief deputy of
Sheriff Eugene Waggaman.
Mr.. Ellis said he had prepared his answer
and presented it to the clerk to be filed.
Judge Cotton, for plaintiffs, objected.
Mr.. Ellis said that the answer acknowledged
possession of the parties, and the order of the
Superior District Court which he proposed to
file showed the authority under which posses
sion was held.
Judge Cotton objected, the parties were not
in court. He protested against any return
unless the bodies of the plaintiffs were pro-
duced in court.
The Court (Judge AbelD sustained hi u, and
quite lively discussion took place between
the Court and Mr.. Ellis.
Mr.. Ellis attempted to show that under the
law it was not necessary to produce the bodies
OF the plaintiffs. He read from that article
of the Code of Practice which provides for
the return on writs Of habeas corpus, one by
answer and the other by the production of the
body of the plaintiff. He was proceeding to
argue the question. The Court interrupted.
L was useless for Mr.. Ellis to speak. The
Court would not be moved. The bodies must
be produced before it would hear argument.
MIR. Ellis again went on to explain, and the
Court again interrupted, and after few re-
marks on each side had been INDUCED in, the
Court said.
81 will hear no more argument until the
bodies are produced. Mr.. Ellis, will hear
no more. l have heard too much already.
An order has been issued from this court
and that order must be obeyed. The writ of
habeas corpus has been outraged and the
solemn Judgment of this court disobeyed.
The second arrest of these men was an act of
lawless violence"
The Court then went on to say that if courts
created by a party for party purposes and
aims could "cram" the people into prison,
without any chance for relief. they would do
it The people had borne patiently all the
outrae es that had been heaped upon them.
After robbing and plundering the State,
after one hundred and thirty thousand dol
ars had been taken by one man, an able
awyer and an upright judge had been re-
moved from the bench, and a man who had
w f,r ~fI h. 49,
was put in his place.
The people had made noble and moral
light, they could make no other. eve"
made one grand surrender, and thank God it
1ad never been violated.
They robbed and plundered the people of
he State, and now they claim the right to
ram them into prison cells and denied the
light of a Constitutional Court to review
heir actions. You, Mr.. Ellis, will tell the
Court whether or not you intend to produce
he bodies. Do you intend to do it? Yes
,r no.
Mr. Ellis-One word, if the Court please
The Court-The court will hear no more
Until you produce the bodies.
Mr. Ellis-I wanted to say, and hrpe the
Court will indulge me- that we have taken one
If the modes provided under the law to make
return, if the Court rules us out why we
will take the other, and produce the bodies
The Court-The Court does rule you out.
Mr.. Ellis-Tnen | ask time.
The Court-How much time do you wish |
MIR. Eilis-I ask for twenty minutes
The Court-The distance is very short. |
The Court could walk to the Sheriffs Office |
nd back without getting heated. Mr.. Wurz-
'urger is very active man, and the Court |
will give him ten minutes. In the meantime |
he Sheriff will take Mr.. Wurzburger in |
harge.
MIR Ellis-How can we produce the bodies
we are in Gust ody?
The Court-The Sheriff will accom- pany Mr.. |
and render every assistance.
Mr.. Elusive can not do it while under |
rrest.
The Court-( evidently not hearing him.
consider the threat to remove the Sheriff I'M |
qualled since the days of James the II.
Mr.. Ellis-We cannot produce the bodies
7hile under arrest
Judge Cotton-We would suggest the re-
ease of Mr.. Wurzburger.
The Court-Let him be released.
Mr.. Ellis-We can not do it in ten minutes.
Judge Uotton-We do not object to twenty