The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-07-06
BEZZLING BURCH.
He is Arrested, and Applies for Writ of
Habeas Corpus.

He is Arrested, and Applies for Writ of
Habeas Corpus.
On Tuesday evening about 7 o'clock. Mr..
w. 8. Booth. Sheriff of the parish of East
Baton Rouge, arrested and took into his custody
J. Henri Burch, on the charge Of embezzling the
funds of the School Board of that parish. Shortly
after the arrest q. O. Castellanos, Esa., attorney
for Burch, fled application for writ of habeas
corpus before Judge W. r. Whitaker, of the SD
perior Criminal Court, and it was fixed for trial
for Thursday morning.
The application for writ of hapeas corpus
came up at 10 o'clock, II. G. Castellanos, Esq.,,
and E. North Cullom, Esq, for the relator, Dis
trict Attorney Finney for the State.
J. Henri Burch appeared in court looking not
much Ii worse for wear after his nights incar-
ceration in the Parish Prison.
The petition alleges that the applicant was
illegal detained by virtue of writ Of arrest
l. sued from the Fifth Judicial District Court, sit.
ting in the parish of East Baton Rouge, ana that
the capias was ieformal.
After MIR. Castellanos had read the petition Mr.
Finney read the answer to the rule. denying that
the Sheriff of the parish of Orleans had control
Of the prisoner, and alleging that the sheriff Of
East Baton Rouge had entire control OF him.
The counsel for the prisoner urged that il the
prisoner was net in charge Of the sheriff, he was
at liberty to go at once.
showed that the sheriff Of this parish had not
charge of the prisoner and therefore the writ ought
to be di, missed.
The court inquired whether the sheriff of East
Baton Rouge was in court, and he arose and
stated that he was present. The Judge then said
that as the sheriff Of East Baton Rouge had the
custody Of the prisoner, the writ would have to
be dismissed, but he suggested that in
order that the case might be tried at once,
the sheriff Of East Baton Rouge should be made
o party to q new writ, and he would try it in
stanter. He ordered Burch to be kept in the GUS
tody Of the sheriff in court until the application
for a new writ could be prepared.
The attorneys for Burch Immediately drew up
another application.
The return TO the second application was that
the prisoner was detained by the Sheriff Of East
Baton Rouge by virtue of warrant from the
Fifth Judicial District Court and it was gned
by W. s. Booth, deputy sheriff.
MIR. Castellanos read what was termed the war
rant, and claimed that it was only an attachment
as it commanded the sheriff to "attach" the pr-
soner He argued that an attach nent i'll crimi-
nal law was simply writ to commit for contempt
and nothing elee.
He claim that the paper was neither spe-
cial nor general wsrrant neither bench war
rant nor capas, and cited several authorities to
support lis case.
cner,
He claimed that this attachment was null
Anu voia ssof the detention Of the prisoner. No
person could be arrested under euch paper.
District Attorney Finney responded, and ar
gued that the warrant was correct in form and
according to common law forms even il the war
rant did not contain the particular word 'arrest"
instead Of attach" as used.
Capt. Hawks, representing the sheriff Of East
Baton Rouge, in logical and concise statement
OF the law and facts Of the cate, argued that the
warrant was correct, and commented on tie
authorities read by Mr.. CASTELAR,
After Capt Hawks had closed his able argu-
ment, Judge Whitaker said that, as he understood
the matter we have no forms of capias laid down
by State statute and, therefore, we ahould follow
the common law.
He did not think that words should be held
as sacramento, and that the spirit should be
lost. He did not believe that under our sys-
TEN in q warrant, that any set or particular
class of words should be used.
In looking at the warrant he was satisfied that
all the proper terms had been used, and the
crime, time and all other requisites necessary
found.
He reviewed some English authorities, and
said that he did not link any injustice was doris
the prisoner. Ito was informed that there was
case against hira in q certain cour6 and was on
his guard.
He. therefore, 1eEused the writ of habeas cor
pus.
Burch and deputy sheriff took carrisge and
he was driven off, and last evening in company
with Deputy Sheriff Booth, Of Fast Baton Rouge,
and his attorney, Hen'y G. Castei amos, he started
for Baton Rouge by steamer.