The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-02-24
A TRIAL FOR CONTEMPT.
Col. Loan and Capt. Gray Sent to the
Parish Prison.


Superintendent Loan and Capt. Gray
of the First Precinct, from L. Adams
Judge Of the First Municipal Police
Court, to the effect that they should not
parole any prisoners unless by an order
from Court. OF course Col Loan and
Capt. Gray paid no attention to the
order, and continued to parole prison
ers at their own discretion.
On last Saturday night young man
was arrested and incarcerated in the
Central Station, charged with malicious
mischief. Capt. Gray, thinking the
charge too frivolous to keep him locked
up until Monday morning, very proper
ly paroled him to appear in court on
Monday morning. The young man, ac-
cording to promise, was promptly on
hand when his name was called
! The Judge, instead of giving the case
a hearing, placed the young man under
three hundred dollars bonds and issued
an attachment for the arrest of Capt.
Gray for contempt of court.
Captain Gray was arraigned be-
fore Judge Adams on Tuesday,
but owing to the day being legal holi-
day the case was continued until yester-
day at o'clock. In the meantime Col.
legher and John Featherston-who ap-
peared before Judge Adams yesterday
morning, and were treated in the same
manner as Capt. Gray's prisoner, by be-
ing placed under bonds to appear, and
an attachment issued for the arrest of
the chief. Both Col. Loan and Capt.
Gray appeared before the bar Of the
First Municipal Court yesterday at 2
O'Clock, with their attorneys, w. r.
Whitaker, Alex. Dalsheimer and Fl. J.
Campbell, for trial.
The case was opened by w. r. Whit
taker by asking what the charge was
against the two prisoners. who the wit
nesses were, and who made the charge.
Judge Adams informed the attorney
that the charge against the prisoners
were for contempt CT his court; that he
Judge Adams) was the party who made
the charge and that he was the witness.
Mr.. Whitaker then informed Judge
Adams that he could not sit in Judgment
on the case.
Judge Adams overruled the point, and
stated that he was Of a different opinion,
and that he was going to preside,
Mr.. Whitaker, after lengthy argyll
ment, In which he clearly showed that
neither OF the gentlemen had committed
contempt Of court, and even II they
had Judge Adams would have no iuris-
diction over them.
Mr.. Whitaker was followed by Mr..
Hugh J, Campbell and Mr. Alex. Dal-
sheimer, but all Of them saw there was
no use in trying to defend their clients,
as It was evident from Judge Adams
rulings and sarcastic remarks that he
had prejudged the case, regardless of
the law and the evidence.
I The case was submitted, and Col. Loan
and Capt. Gray were sent to the Parish
Prison for twenty-four hours. Their
attorneys, in Wow Of getting Justice, ap-
peared before the honorable Fifth Dis
trict Court, and prayed for writ of
habeas corpus, which was granted by
the Honorable North Cullom. and the
prisoners were delivered into the court
in the custody of Capt. Pegram. i
Judge Cullom took the bench, and
after hearing the testimony and argu-
ment from tho able counsel, stated the
law on that subject was perfectly clear,
and showed that committing magis-
trate had no jurisdiction over prison.
ers arrested by the police force,
until they had been brought before the
court for trial, and they were under the
sole control of the police from the time
of arrest until presented in court, and
therefore dismissed Col. Loan and Capt.
Gray, there being no grounds for a
contempt OF court.
Judge Adams has only been acting
Judge Of the First Municipal Court for
a very short time, and during that period
he has demoralized the police force Of
his district, turned the Chief Of Police
and the captain of his precinct against
him, committed men to the Parish
Prison without q shadow OF crimeI
against them, regardless Of law and
justice.
( And now Mr.. Adams had better step
down and out, and let some one else try.