The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-04
THE COURTS.
superior Cr,ms,aal Court.


Present. Hon. H. II. Steele, Judge.
embczzlement aud found guilty, and
recommended to the mercy Of the court.
State OK rel Thomas Deveraux, pray
ing for q writ Of habeas corpus.
Through his counsel, Messrs. M. A.
Dooley, II. 9. Castellanos and VIM. r.
Whitaker, the prisoner claims his re-
lease on the ground that the Coroner's
jury exonerated him from any partici-
patton In the crime charged, that Of
killing one Robert Harris, and even IL he
were not released fully, there was no
evidence against him to hold him, he
was entitled to bail.
Counsel read the verdict Of the Cor
oner's jury, and showed that the cyl
dence did not touch the prisoner; tho
States attorney said the counsel for the
prisoner did not touch the csse. The
prisoner WAS held under an affidavit
charging him with the crime Of murder,
said affidavit being from information re-
ceived, and the commitment was n
proper one, and until there had been an
Investigation, this court could not in
quire into the legality Of the commit
ment.
We understand that Sergeant Chau-
mette, under whose affidavit the pris-
oner is held, has stated that the list Of
witnesses laid before the Coroner's jury
contained the names Of oil the witnesses
he knew Of.
The Court held that this was not a
case in which a writ of habeas corpus
should issue ut all. Ii the evidence be-
fore the Coroner had been before the
Recorder. then the Court would consider
the matter In question, but tho State
has no right to the investigation. The
prisoner has been committed by COM
pctcnt authority.
Il would establish a very bad prece-
dent for this Court to interfere between
the prisoner and the investigation.
The writ Is refused. Let the prisoner
be remanded to await his trial.
First District Court.
Present, Hon. Il. Abel, Judge.
Informations were filed againt Ellen
Barrett for assault and battery.
Mrs. Rlanc, for knowingly receiving
stolen goods. -a
Mrs. Thoophilo Ricoin for malicious
mischief, James Stewart, ct ais, John
Markley etc.. and John Gwinn for lar
ceny, and VIM. johnson and Jules
Train, for keeping banking house.
| James Collins, convicted OF larceny,
was sentenced to nine months imprison-
Iueut Ill tue ICJtbS
Sallie Hamilton, for the like offense
was sentenced to one year to the same
place.
James Norton, Moses Douglas and M
Mccormack were arraigncd on the
charge OF assault and battery, and plead
not guilty.
Charles Curtis ct al on q charge OF en-
tering a store in the night time, etc,
was tried, found guilty and recommend
ed to the mercy OF the court. II was
ordered that the property herein be re-
stored to Rice Bros. 81 Go.
Edward Frank withdrew his previous
plea OF not guilty. and plead guilty OF
an assault.
Emma Hunter was tried and found
guilty OF an assault.
John Cooper was found guilty Of as
sault and battery.
Fourth district Court.
Present, Hon. b. l.. Lynch, Judge.
In the case OF Margaret McAuley vs.
John A. O'Brien, the judgment was for
Al and the costs Of suit. =:
New trials were refused In the cases
or u. Donovan vs.. Mrs. N. Stewart, Vim
cent Pratz vs.. Gabriel Ferrer.
Mrs. A. Remecke vs.. Leontinc Billiard
and Joseph David. Judgment was for
the defendants.
f Fifth District Court,
Present, Hon. Il. North Cullom. Judge.
Emma Nichols vs. Samuel Lewis, her
husband. In this case there was judg-
ment in favor Of the plaintiff, decrecing
q dissolution of the bonds OF matrinony
heretofore existing between plaintifi
and defendant.
Mrs. Mary Moriarty vs.. Daniel Mo
riarty. her husband. In this ease o sus-
pensivo appeal from the order dismiss
ing the Injunction issued herein, was
granted. returnable on the third Mon
day OF March.
State OK rel. Jacob Gray, praying lor
a writ OF habeas corpus.
The prisoner was brought into court,
and IL appeared that he had been COM
mitted to prison by Recorder Adams for
releasing prisoner without his author
ity. The court In pronouncing upon the
case said: with all dye respect to
authority, IL seems to me an absurdity
and void OF common sense that police
officer should have tho right Of arrest
without a warrant and no discretionary
power to release; that the Recorder,
until the prisoner was brought before
him. was presumed not to know Of the
arrest" With reference to. the Attor-
ney Generals opinion, which had been
published, he said: The Attorney Gen
eral begged the question; presuming
that none but criminal courts could Is
sue writs OF hRbeas corpus. The prls-
oncr WAS released