The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-01

Continued State vs Alice Cadix. In
definitely.
State VS.. Laura Joseph Indefinitely.
| The Woods case, for perjury, was con
cluded yesterday before the Superior
Criminal Court, and the jury locked up.
Yesterday evening Judge Steele return
ed to the courtroom to receive the
verdict, and was informed by the jury
that it could not agree. The jury was
discharged, the prosecution thus ending
in mistrial. II Is rumored that the
Jury stood ten for conviction and two for
acquittal.
JAMES s. PREsTIDGE RELEASED ON 1000
BAIL.
The failure Of the Grand Jury to act
upon the case Of james s. Prestidge,
charged with the murder Of Major Har-
deman, resulted in his release on bail
yesterday. The District Attorney asked
that bail be fixed at $4,000, but Judge
Steele decided to fix the amount at
lowing gentlemen, viz: r. M. Briggs,
A. II. May. IL. ID. Miller, Jno. Phelps.
VIM. Lynd, IT, Christ. J. O. Denis. j. @.
Vanwickle, A. 4. Bennett and Jno. Jan
ney. The circumstances OF the murder
are fresh in the memory OF every one,
and this action OF Judge Steele and the
District Attorney created universal sur
prise and CONSERVATION.
First District Court.
Hon. Il. Abel, Judge.
Sentenced: State VS.. George Norcross,
found guilty of taking possession Of real
estate without lawful authority; fined
$50 or one month I'm the Parish Prison.
Plead guilty: State VS.. Ed. Baker,
charged with petty larceny; State vs..
w. Berry, charged with assault and
battery.
ham, alias Malloy, charged with lar
ceny; guilty.
Information filed Eli Martin, charged
with assault and battery.
second District Court.
Hon. A. l.. Tissot Judge.
SUGGESTIONS opened: Mary Dress and
Joseph Gulliar
The Halpin case was submitted today.
Fourth District Court.
Hon. B. l.. Lynch, Judge.
J. H. Hopkins vs. Garthwaite, Lewis
q Miller. Rule taken. VIM. NJ LOWS to
erase certain mortgage made absolute.
ID. Landry VS.. L. Victor.-New trial
demanded by Il. Lacroix refused.
Fifth District Court.
Hon. T.. North Cullom, Judge.
Widow Mary Murphy VS.. Factors and
Traders Insurance Company, ct ais
Judgment by default against Mr.. j.
Smith.
sixth District Court.
Present, Hon. A. Saucicr, Judge.
Cornelius Davis vs.. M. Miller and II.
Hines.--EXceptionS maintained.
l.. Godchaux vs.. q. Jacobs ct ais.
Default confirmed and judgment in
favor Of plaintiff in the sum OF $3.50.
with eight per cent interest per annum
from Jan. .. 1874.
Goyne & Harper VS.. J. J.. Carey
Judgment for defendant
i. Mcekins VS.. Il. Lacroix. Judgment
by default set aside.
United states District Court.
Hon. +. G. Billings, Judge.
Britton & Koontz vs.. the Police Jury
of Concordia parish. Verdict for de-
PENDANT.
United States vs.. John O'Callaghan
ct. als.-Verdict for plaintiff for 1914 81.
United States VS.. Johnson & Yorkes
ct als.-Verdict for plaintiff for $27 Is.
United states District Court.
Geo. Bement and J. H. Chapman vs..
Steamer st. Mary. Petition for a new
trial filed.
w. f. Seebold VS.. Louisiana Mutual
Insurance Company. Defendants placed
in bankruptcy andinventory to be made
in five days.
The next case being one OF importance
we give Judge Billings opinion in full
Leon Grand vs.. Bark Ibis, her tackle,
etc, in Admiralty. This case came up
on exceptions filed by claimants involv-
ing the merits, and was decided by
Judge Billings substantially as follows:
''This is a case under a charter party;
the libellants are shippers, who come
into this court and ask that their goods
be delivered out Of the vessel. The
charter party contains the ordinary
stipulations, as follows: The said party
OF the first part agrees to take and re-
ceiye on board the said vessel during
the aforesaid voyage a full cargo Of
timber and other lawful merchandise,
to be Of value equal to amount of
freight, charterers' option, not more
than vessel can reasonably stow and
carry: and the said party of the second
part doth agree to furnish said vessel
the sum OF G1150.' 1t was also stipu-
lated that the charter would commence
when the vessel was ready to receive
cargo at the place Of loading, on notice
given to the other party, and end at the
port Of discharge. Bills Of ladng to be
signed when presented, without preju-
dice to this charter party.
ut now seems that third parties have
gone on and loaded the vessel, and pre-
sented their bills Of lading to the cap
tain, and the captain maintains that
these parties, coming in under the char
ter party, are responsible for the full
amount of the freight. Some authori-
ties have been cited to the court, one OF
which l have been unable to find Of
course as between the charterers and
the owners there can be no question
whatever. The case of Paul against
Buch, l Summers, 621, is exactly ease
in point. but OF course great deal
turns upon the meaning of the clause,
bills of lading to be signed when pre-
scented, without prejudice to the charter
party.
"On the other hand, it is contended
that, when bills Of lading are presented,
they should contain this provision; on
the other hand, it is commended that it
means, when bills Of lading are pre-
sented, the amount Of freight charged,
df they are .he goods of other personsj
rs between the charterer and the ship, |
it seems to me that this clause is in full |
force. 1t seems to me that the history
Of this clause is conclusive; it is a writ |
ten PlnIlSp The nartipS have omitted |