New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-06-03
FRIDAY, JUNE 9, 1876.

COURT RECORD.
FRIDAY, JUNE 9, 1876.
United States Supreme Court.
The following was promulgated May 81:
Thomas ]. Haines ct al, trustee OF the
Vicksburg Baptist Church, vs. Charles Car
penter, executor, ct al.-Appeal from the
Circuit Court for the District OF LOUISIANA.
ana. by her will, dated January q, 1877,
among Other things, BEG ueathed to the Bap-
tist Church in the city of Vicksburg the
plantation on which che lived. except I5O
acres, which were designated. and expressed
desire that the church should hold it and
not cell if, and the proceeds should bo en-
ployed to educate young men tor the min
istry. She appointed her brother-in,
law, Charles Carpenter. her universal
SECURE of the estate TO carry out
the provisions of the will and the pur-
poses of the trust. The will was admitted
TO probate on March l6, 1872, by the parish
Judge, and Carpenter assumed the duties
of executor and took possession OF the
estate. The bill in this case was filed in
September, 1872. by the appellants as trus,
tees of the Vicksburg Baptist Church OF
Vicksburg The bill states that Carpenter
is unfit and incompetent to manage and
control the estate, and that he let's it run
to waste, and asks that he be removed ana
q receiver appointed. /. further states that
Dennis has Instituted suit against the
executor, in the Thirteenth District Court
Of Louisiana, claiming to have been part
ner of teetatrix, and that large amount IL
due him a. such. with a view Of absorbing
the succession by a Judgment, and that the
executor is cOlluding and combining with
him, and asks that they be ipjoined from
continuing such combination. 1t further
states that Mary Stout, Julia Trezevant and
Others, claiming to be testatrix's heirs. have
| Instituted q suit in the parish court OF Mad
ison parieh, alleging that the bequest to
the church is void, and praying that it may
be declared void for various reseons-
uopg others, as being uncertain, against
the laws of Louisiana, and attempting to
establish . perpetuity, and that the com.
| plainants answered the petition in said
suit, which is still pending. This bill was
| dismissed by the court below, and it is here
| held that the decision was correct, as one
| of the things which the federal courts are
| expire ssly prohibited doing is to interfere
with the Jurisdiction of the State courts.
The State courts have full and ample juris-
diction of the case, and no sufficient reason
| anpears for inter ering with their proceed
ings. Mr.. Justice Bradley delivered the
| opinion.
| United states Circuit Court.
Presentation. W. B. Woods. circuit
! judge.
United States vs.. Dennis O'Brien ct al.
| The followin is the sentence Of Judge
Woods:
| Two indictments for conspiracy to defraud
| the United States out OF its internal revenue
| tax on distilled spirits have been recently
| tried in this court.
ON the trial Of one, Otto II. Karstendiek,
rectifier and wholesale liquor dealer; Ed
ward Fehrenbach, distiller; John r. Be ales,
United States day storekeeper, and William
NJ. Todd, United States gauger, were found
guilty as charged in the indictment.
On the other trial the same verdict was
rendered against John Henderson, rectitier
and Wholesale liquor dealer, and William
| G jones. United States gauger.
In both cases the proof Of guilt was clear
and conclusive, and after the evidence tor
the prosecution and defense had been sub
mitted to the jury, every intelligent person
who heard it knew that if there were
| twelve honest and true men in the jury
box, q verdict of guilty was inevitable.
The juries were generous in giving to those
whom they did acauit the benefit Of the
reasonable doubt.
L
| of imposing the sentence of the law upon
those who have been found guilty.
The government officers who have been
found guilty have not emily violated the stat
ute under which they have been convicted,
but their guilt implies disregard Of their cfti'
eial oaths, the taking of brides and generally
faithlessness to the government in whose
service they were and whose bread they
ate. The man who undertakes to serve the
| vi a 4.
science the obligation of an official oath
owes to that government fidelity, honesty
and the viailant discharge Of duty. He
should be on the side Of the government,
and against all who would cheat and plum
der it. No temptation should be etfectual
to swerve him from the path of duty. The
officer who is set and paid to watch the
| revenues, and who for bride or for any
other consideration allows the revenues
| to be despoiled, who cODspires with the
pIunderers to rob the government whose
commission he bears, can certainly present
no strong claim to the exercise of the discre
ton allowed the court in fixing his punish
ment.
Nor do think the cases of the rectifiers
and wholesale liquor dealers in any better
plight. These men also are found to have
been engaged in the conspiracy with the
officers Of the government to defraud the
government. Their ofsense implies the ad
ditional offense of bribery. No dis:iilery can
be run day in violation of law if either one
of the three officers of the revenue assigned
to duty in it is faithful and vigilant. II
follows that no Illicit distillery can bt
carried on unless the revenue officers
placed to watch it's operatiO rs are first cor
rupted. Illicit distilling implies. first the
selection OF revenue officers who can be
corrupted, and, second, their actual bribery
by the proprietOrs OF the illicit still.
1t not only deprives the government o.
its dues, out it breaks down and ruins the
honest producer who pays his tax. It moi
oBly debauchcs the government officers
but when successfully carried on lowers
the tone of commercial honor and business
integrity in the community.
In many places it has been regarded as
venial offense, but rightly considered 1t !!
not so. know of no misdemeanor which
tends more directly to sap the foundations
of government and society.
The parties who have been found guilty
have, in my Judgment, been properly con
yicted, and, except az to Fehrenbach, cal
see few palliating circumstances IN thell
caees.
For some of them the strongest appeal
have been made, and every proper lnfu
ence brought to bear upon the court t.
make the punishment. light and nominal.
In behalf of John Henderson It has been
urred that he is q man in the decline o
yesle: that be has . large family de
pendent upon him; that he has larg'
business connections, and others mus
suffer embarrassment from his pun
ishment; that he is q large-hearted, gen
erous and benevolent man, the friend o.