New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-29
COURT RECORD.
FRIDAY, APRIL %, 1876.

FRIDAY, APRIL %, 1876.
United states Circuit Court.
Present - Hon. w. B. Woods, circui
United States W. Edward Fehrenbach e
ai.-Conspiracy to defrsud the Unite
states. On t~ial. Arguments for defens
heard.
Superior District Ceurs.
Judge Lynch presiding.
\ j. j. Hayes vs.. city Of New Orleans
Injunction made perpetual restraining tn
city from selling the property of the Luzen
burg hospital for taxes.
State OF Louisiana vs. Charles Clinton
Auditor, and Antoine Dubuclet.- -Iniunc
tion restraining the payment of the sppro
priatiOn of el7 1903, costs and fees of Civi
Sheriff Sauvinet, dissolved.
Judge Hawkins presiding.
J. Lynch vs. Charles Heintz-Exceptiol
OF John Lynch to jurisdiction of the court
under act No. As of 1876, extending the
limits Of the Second Judicial District, sus
tanned.
Mrs. j. c. de St. Romes ct al. Vs. Citizens
Bank Petitioner alleges that on judgment
against her, at defe ndant's suit, for 4ll ,9O2
the civil sheriff has seized and will sell hel
property, and that IL the payments and in
terest on the stock note sued on had beer
properly credited there was Q credit due
her Of $40, 400 As. Injunction issued with.
ont bond. under articles 739 and 74O, Code
OF Practice, providing fer arrest of sale on
plea OF payment, etc.
SaDeFloF Criminal Court.
ON TRIAL
State vs. T. j. and Adolphe Newhouse-
Murder. Killing John G. Costley Feb.
ruary l6, 1876, in the Union coGeehouse,
corner Qf Melpomene and Dryades streets.
Indicted March IA. The following is Judg ge
Steele's decision on the challenge to the
array Of petit jurors:
This challen86 to the array of petty
jurors can not be sustained, and is now
Overruled, as to the first. second and third
grounds, for the same reasons as were as
signed in the recent case of the State vs..
Prestidge, No. - upon the docket Of this
court, and which is made o part of this
opinion; and as TO the last ground, being
the alleged incompetency Of one of the
late jury commissioners, to wit, James
Lewis. the challenge can not be sustained, ,
for the reasons. first, that it is in evidence
that the names of all the panel of
case were placed in the wheel by
Quinn and Small wood, whose ca
pacIty as jury commissioners has not been
questioned, and were it true that names
had been placed in the wheel and Jurors
drawn previously by incompetent persons
it could not effect the validity of the pres
ent jury.
Second-That James Lewis was the
jury commissioner, duly appointed and
qualified, and acted as such. Granting, for
the purpose of argument, that duriag his
time of service he did accept the Office of
police commissioner, and that under section
l II nf tho onnofifu<io1 if ho 4.
cial proceedings had been instituted one
of the two commissions might have been
vacated, still no such steps were taken,
and go long as he discharged the duties of
the office his acts must be regarded az valid
and binding. Or if his acts were complained
Of upon the ground that he had rendered
his resignation previously to the act COM
planned Of, the answer is that the resigna-
tioD not being accepted and no successor
coming forward to relieve him, article l22
of the constitution requires and authorizes
al officers to continue to discharge the
duties of their offices till their successors
are inducted into Office.
PLEADED GUILTY.
Carrying concealed wespons-John King,
Frank Highly.
EmbezzleDent-William Kappes, jeweler,
No. 13 Royal street, embezziing q diamond
ring valued at $780, on the first of April,
rom Miss Nathalia Garreche. Bond of
$1,000 furnished.
Oppression under color of office-William
Thompson, fifth justice of the peace, op-
pressing on the sixth of March Pat
DOugherty, and sending him to the Work
house. Bail $500.
Assault and battery-Oficers j. Brown
and 7. q. Rodney. first precinct " assaulting
St Enor{on cfr W,1I;oDn
Bail $3.50.
Murder-James 5. Prestidge, indicted
April Z, for the murder Of w. D. Harde-
man, on the fourth OF March, at No, 63
street. Pleaded not guilty.
SENTENCED.
Carrying concealed weapOns-John King,
;wenty days; Frank Highly, ten days, Par
sh Prison.
APPEAL GRANTED.
Manslaughter-State vs. John Garvey
and Charles Earle, indicted April 90, 1871,
or the murder of old Mrs. Margaret Zol-
md convicted at the fifth trial OF the case
II manslaughter. Suspensive appeal taken,
etErnable on The third Monday in May.
Murder-State VS.. Thomas j. and
Adolphe Newhouse, indicted March Ii,
SO, for the murder of John c. Costley, Jr.,
t the corner of Dryades and Melp omene
treets on the sixteenth of February, 1876. |
First District Court.
INFORMATIoNs.
Dan Martin, petty larceny; George Henry,
ssault and battery; Joseph Thompson and
Hired Savage, entering store, etc.
SENTENCED.
Entering, etc.-Peter Hines and James
ields, one year each.
Petty larceny-Charles Joseph and James
tevens, one month each.
Assault and battery-P. j. McAndrews,
ne hour.
Second District Court.
SUGGESTIONS of Ernest, Eugene and Victor
8 st. ROmes opened.
Ogilly E. Scott prays to be emancipated.
Fifth District Court.
Lower Coast Packet Company vs. Nash !
ACKNOWLEDGMENT for plaintiff for
l465 60.
Charles Connell vs. Mrs. Mary Foucher.-
Judgment for $4,000 for plaintiff.
econd Judicdl District Court, sixth and |
Seventh Districts, Parish Of Orleans.
The following is the full text of the de- |
sion of Judge Don A. Pardee:
State vs.. Robert esposito.-Murder. On |
lie to admit. The defendant has been |
to Jail to await trial before this |
,urt on the charge of murder of G. w.
ockwell, deceased; the evidence has been |
ken by the committing magistrate in |
riting, and is now on file in this court.
He invokes his constitutional right to be |
allied by sufficient sureties, on the ground |
lat though the Otfense charged be capital |
le proof is not evident nor the presump- |
on great.
After argument. the question has been
admitted on the evidence on file.
An inspection of this evidence satisfies |
70 that the deceased came to his death by |
iolence inflicted at the hands of the &C.
leed.
1t appears that the deceased and accused
ere dining together at the Lake end, upon