The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-12-12
SUPERIOR CRIMINAL COURT.
THE CARR CASE,

In the case Of State vs.. Mortimer Carr
Judge Whitaker Monday decided the rule
for o new trial on the plea autrefois dcqnH
Il will be remembered that Carr was triet
during the middle of November for passing al
genuine forged bill OF lading for $50 bales d
cottoalon Mr.. Holman, of seligman g. Helman
hsnkers. The evidence developed the fact tina,
at the same time he passed this bill OF lading he
uttered and passed also another bill at the same
time and during the same delivery for 800 bales
On the first case Carr vas acquitted by the jury
and when the second case was fixed for trial the
defense filed plea that inasmuch as the passing
OF both bills was done in the same moment oil
time and it all one tr insaction, the acquitta
in the first case freed him from jeopardy IN the
second The question Of fact as TO whether the
disposal OF the two bills Of lading was one act
and fact was referred to jury, and they found
that they were two different transactions The
defense then moved for new trial on this ver-
dict, and this question Judge Whitaker decided
Tuesday morning.
After reviewing the above facts Judge Whita-
ker read from decision of our Supreme Court,
whore two articles had been taken at one time,
and the prisoner Indicted In separate indictments
for tax. ng each. The court held that but one in
dictment would lie, the judge then said that
the witness, Hellman, on the stand had testified
that both bills of ladipg had been handed to
him in the same moment OF time, and together,
therefore, under the rulings of the Supreme
Court it was not two different offsnses, but one.
The verdict OF the jury, he said, was, therefore,
manfestly wrong. and must be set aside. new
trial on the plea autrefois acqua was ordered
SENTENCED.
Thos. Walker, convicted OF grand larceny, six
months in the Parish Prison.
ACQUITTED.
State vs. Sergeant Rowly, of the Crescent City
police force, on the charge of false Imprisonment
of one Killiles, who was found about $3.50 o'clock
on Sunday morning, November 8, on Burgundy
street. Ahee the case was submitted, the jury
brought in a verdict OF not guilty.
Thos. Klelea, the prosecuting witness in the
case against sergt. r, B. Rowley, was then tried
on charge Of assault and battery on o member
of the Crescent City Police force. After the evil
dence had been submitted, the jury brought in
verdict OF guilty, and the accused was sentenced
to twenty days III the Parish Prison.
In the case of the State vs. Louis Forster,
charged with stabbing, the trial continued un-
til a late hour.
HABEAs CORPUS.
Chas. Ell. Luzenburg. counsel for Mary Platz-
meyer, Tuesday morning asked for habeas cor
pus to release her from the Parish Prison, being
now confined under a commitment of the First
bituaI drunkard. The rule was made returnable
for Wednesday morning AT o'clock.
On application for writs of habeas corpus on
behalf Of J. W. Stokes, Thos. Beneteau and r.
Jollie, arrested as dangerous and suspicious
characters, came up late yesterday afternoon be-
fore Judge Whitaker, Lionel Adams, Esq, rep
resenting the REALTORS. The judge on one Of the
grounds in the petition released the prisoners,
The ground was that the mittimus issued by
Judge Miltenberger did not show that the charge
was mede on the oath or affirmation Of any party.