The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-01-20
THE COURTS.

OBLIGATION FOR A WRIT OF NANDAMUs-u

APPLICATION FOR A WIKI of hA>Dh''o' N
IN CHAMBERS
To the Hon. Hiram K. Steele, Judge of the
Snnerior Criminal Court for the parish OF
Orleans: The petition OF Alfred Shelby, Of the
,ayieh If Grant State Of Louisiana, with
resnec;. represents that he Is uDJustly and IL
laeallv deprived Of his liberty by one Col.
VIM. Pagan. Criminal Sheriff OF the Parish OF
Orleans. ana il now detained in the Parish
Prison IN this city, by vi,tue of an order
from this Honorable Court, copy OF
which is hereunto annexed and made part
hereof.
Petitioner further represents that ii any
charge OF crluninaiity or indictment e6'sls
against him IL The parish OF Uraht Ae 10 40"
willing to stand his trial.
Petitioner further Sho gs that be has been
thus confined in the Parish Prison Ut New
Orleans aince July y. 1879, etc.
!. f. WALLACE, Attorney.
Wheroupoa Judge Steele Issued me follow
ing order
S1yte of Louisiana vs.. Alfred Shelby. Let
a writ OF La,ea5 corpus issue as prayed tor,
and be te.urna6le al the Superior Crimina!
Court on Wednesday, January 10. 1876 at
$3.50 a. NJ
1876. HIRAM l. STEELE,
Judye Suaerlor Criminal Court.
l. appears that ESheiby, is accused Of the
crime Of murder III the parish OF Grant, OF
this State, and that there is now an lEdict-
mcnt peIdlg before the Ninth Judicial Dis
trlcL Ccu..
AERAIGNED.
John McGlaugLln, charged with the muir
der Of his vie. Not guilty. Ihe prisoner
stated 10 the court thai no was unaole 20 em-
ploy counsel, vhereupon Judge Steele APP
pointed Col. Il. N. Ogden to represent the
accused.
STATE vs. Mike uznDessey and w M feather-
st1a. charged WITH grand larceny. Noila pros.
entered ia !isnnessey'5 case
The prisoner ccompanied by his counsel,
appeared before Judge S.eele, IN Chambers.
at O'Clock yesterday.
The keeper of the Parish Prison made the
following return, Endorsed on the writ:
Received Jauu,ry 10. 1876, and in ODE
dience to the within writ, I hereby produce
in open cour., before the Hon. II. Il. Steele,
Judge Of the superior Criminal Court for the
parish of O.leans the body of Alfred Shelby,
and respectfully represent that hold him III
custody by virtue Of q commitment to me
directed ~ the Hon G. H. Braughn, Judge
Superior Criminal Court, parish of Orleans,
by who n he WIS placed in my charge for safe
keeping, As will more fully appear by the
within order hereto annexed.
L. b. PEGRAM.
Keeper Of the Parish Prison.
j. T.. Wallace, attorney for petitioner, asked
thet j ldge Stokes OF Grant Parish he sworn.
Judge Stokes testified that there had been
two terms of court in Grant parish since the
i'm Imprisonment Of Shelby that j. W. Collum
was the acting sheriff there now; that said
Collum was i'll this city week ago last Fri
day; that he had not heard the District At
tosney Of Grant parish sayi that he would
nolle pros. the case against Shelby, but had
heard rumors to that eff ct from outside par
ties. Knew nothing of the circumstances
of the finding of the indictment, had heard
that the indictment was for political purposes,
for the purpose of getting Shelby out of the
way. | think the indictment is for the p1r-
pose of prosecution.
Mr.. Wallace was sworn. He showed let
ter from Judge 0 sborne. in which the Judge
expressed an intention Of sending for Shelby
as 30 On as possible No more testimony was
offered Mr.. Wallace sid that be
rested the caseand claimed the discharge Of
the prisoner on the sixth article of the Con-
stitution Of the STATE, which provides that
every person indicted shall be entitled to
speedy public trial by jury of the parish in
which the crime was committed. unless the
venue is changed; also, on Sec 2, Art. 622 of
old edition Of code.
The argument was to the effect that the law
cited had not been complied with. Mr.. Wal
lace asked that the prisoner be released on
his own recognizance, or be sent Immediately
to the parish of Grant under the charge Of
one of the sheriffs Of the Court
Judge Posey, for the Attorney General said
that he submitted his part of the case to the
Judge.
Judge Steele said that the commitment was
NV hot
the record showed that the prisoner is under
indictment for murder in Grant parish, and
that at the time of his arrest he WAS q fugitive
from Justice; that if he were entitled to re-
lease it was under the section of the code
quoted; that he did not feel at liberty at this
time to release him AZ Judge Steele said that
the case of Shelby had been brought to his
notice several days ago, and that he had or
dered letter to be sent to Judge Osborn,
calling the attention Of the judge to the case
of Shelby, asking that he be transferred by
proper authority to Grant parish; that if steps
were taken for his removal, proceedings would
be taken looking to his release here.
Judge Steele said that he would wait q rea-
sonabe time tor an answer from Judge Os-
born, tina! if he received no reply, he would
then take some action, but desired first that
the authorities of Grant parish should have
an opportunity to act in the matter. He
therefore ordered the case to be postponed in
definitely, and the prisoner to be remanded.
By order of Judge Steele the clerk was in
structed to inform Judge Osborn through
the mail, that unless an officer of the law with
proper authority was forwarded to take charge
of Shelby, that he Shelby would be released.
It has been too much the custom to decry
speech-making and to laud the benefits OF the
sitting process. Even jobbery could not be
exposed on the floor OF the House, for five
minutes, which could only be obtained with
difficulty and as a matter of favor. is too
short time to battle successfully with the
schemes Of the lobby. Under such cond-
tons modest merit could not be heard in
Congress at all. Argument was supplanted
by reparsee and jest was more effective than
reason. Cox came to the front, while Dawes
was profanely referred to as the heavy father
of the HoIse. Even Gen. Butler could not
loya hapn hard had nat bio <opruo haa,,