New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-04
COURT RECORD.
FRIDAY, MARCH 3, 1876.
Usited staeos Supreme Court.

FRIDAY, MARCH 3, 1876.
Coited Stases Supreme Court.
The following was submitted February
No. 6S4. The State Of Louisiana ex rel.
John l.. Macauley, plaintiff in error, vs.
Charles Clinton, Auditor, etc.-The mo-
| ton to dismiss this cause was suh'
| mitted on printed arguments by Mr.. j: Z.
A. Fellows and Messrs. Durant e. HOrnOr
| in support Of the same, and by MIR. John II.
Kennard aod Messrs. Chapman & Hosmer
in opposition therto
Superior District Ceurt.
Workingmen's Bank vs. Jean Berthin.-
Petition on note Of $4007.
| I. j. Burlington ct ale. vs. Charles Gin
ton, State Auditor decision of Su-
prems Court, of February "a, 1876, man
damus Issued ordering the delivery OF war
rants for $22l4 80, under act No. 81 Of 1873,
tho decision being that it was not neces
sary that the funds should be taken out OF
those Of 1870, the money having actually
beer paid TO tax collector by error.
WOrkingmen's Bank vs.. j. ROtgs and 3
NJ. Bernichon On petition Of defendants,
| Injunction issued without bond against the
sale Of their property.
| superior Criminal Court.
State VS.. Jean Observation-Disclosures
| of 1905 francs from Joachim Allaine, in
trusted to him for safe keeping il October.
1873. Verdict, guilty.
State ex. rel. Thomas Devereaux VS.
sheriff ct al.-fIabeas corpus. Counsel for
| reiator stated the accused was confined on
| a mittimus from the First Municipal Police
| Court. ha-ed on an affidavit made by Ser
geant E. Chaame:'e, from information re-
ctived charging tho relator with killing
| Robert Harris, March l, 1876, at tho corner
| of Common and CarOndelet streets. The
| evidence before the corCn5r's jury which
contained nothing against the relator Was
read and the finding of the jury that tie
death was caused by some person un
| known.
The State called attention to the fac:
that the relator was held by a mittimu:
from magistrate, with which no fault was
found, on an affidavit that seemed satistac
tocy to him and that the magistrate had not
yet investigated the case.
Counsel for relator argued that no citizen
could be held on such documents. The
signer Of the affidavit had no knowledge OF
his OWE. but swore from information re.
celved. on perhaps q rumor OF previous
| difficulty between the deceased and accused
aud that he had produced none of his IN
formation before the corOner's jury. The
magistrate, under the constitution, was
only authorized to refuse bail where the
proof was certain, or the presumption great,
Of a capital crime having been committed
by the accused. Here neither requisite We
shown. discharge was not asked for, but
only tie privilege of bail, and any amount
could be easily furnished.
| Judge Steele, in refusing the application.
said the court knew this. There was q
citizen killed. probably a murder commit
ted; an affidavit had been made before 9
magistrate of competent jurisdiction. and
found nothing against him, but the State
was not bound TO produce evidence of thai
character before that jury; it was enough
that it should find the cause OF death. L
might be essential that the State should
reserve other evidence until tho exsmina
ton. The killing took place March l, and
this was only the third There was no al
legation OF a refusa! Of examination
before the recorder or magistrate
and the evidence before the coroner.
Jury had not been before him. HI
had ss yet made no examination of tn
case Ii there were unreasonable delay, Q!
az allegation of o commitment without au
thority the court might interfere, but i
would be establishing bad precedent Il
interfere between the commitment and ex
animation. 1t was certainly an inconveIi
euce and misfortune to be confined even TO
ie ew days on such charge, ana he hoped
Mr. Devereaux would be soon relieved fIo1
II, but the community could well afford II
have many Of ITS citizens go troubled rathe
than bad precedent capable of wOIkin,
much harm should be established.
The writ was therefore discharged AM
the prisoner remanded.
First District Court.
INFoRMATIONs.
Assault and battery--Eleen Barrett.
Receiving stolen aopds-Mrs Bianck.
I'LL
coin.
Petty larceny James Stevens, Johl
Mackey, John G1inn.
PLEADED GUILTY.
Assaul-Frank Bartlett, Edward Frank
CONVICTED.
Charles Curtis of petty larceny: Emm
| Hunter OF assault; John Casper OF assault
battery,
SENTENCED.
Petty larceny james Collins, min
months; Slliis Hamilton, one year; JohI
| w Hnuter nine months.
Charles Curtis, a very small colOred bov
was tried on a charge Of entering etor
and with petty larceny, and was convicted
| Of the latter charge, with recommends
| tion of mercy. He was one of several othe
boys eng aged in the crime, and Judge Abel
considering that he had been made cats
paw, was SO young, penitent and fearful
only sentenced him to one day in the PerIsl
Priacr, instead OF sending him the HOUSE
| Of Refuge.
! second District Court.
Suocessions of Louisa Werner, wife q
| Frederick Seibel. Henry Albert Buchanan
Frank Hawthorn, Henry j. Burlington
| Francis A. Veirberg, and Margaret McAE
| thur, opened.
The emancips.ion OF Catherine Kuutz
and Lizzie Graud Is prayed tor.
| Fifth District Court.
| State ex rel. Jacob Gray vs.. E. Il. Pc
| gram, keeper of Parish PrisOn.-Ha abeas cor
pus man was arrested at 9:5O Z. M.
March 9. on Basin street, by Officer F!tz
minor character. He was released by Cap
tain Jacob Clay at 1880 p. NJ, to appea
the next morning before the First Munich
| pal Court on the guarantee OF . resp0nsi
| Bile citizen. He did appear and was nneG
! five dollars. He objected and the prose
cutlix was directed to make an affidavit
| The relatOr was then examined for CON
tempt Of the court in releasing the prisoner
| and committed to the Parish Prison. Tht
| petitioner allegee: First, the municipal
| court is not a court of record; second, that
the jus.ice (Adams| is out Of his proper dis
! trict: third, that 1t is powerless under the
| statute to commit for q contempt; fourth.
| that the matter is res judicata; fifth, that
the commitment was irregular.
A rule for contempt was rejected by Judge
| Cullom, Justice Adams never having beer
| before the court.
| Judge Cullom stated the writ would be
maintained as in the previous case and thf
relator discharged. He referred TO tne
| opinion Of the Attorney General, but SAID
he reserved the right to file writer
opinion.
ROUGH on Hendricks.