The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-30
ANOTHER PHASE.
JUDGE whitaker ISSUES A WRIT OF
HAREAs CORPUS.
Recorder Smith Is Brought Into the SUI
perIOr Criminal Court ana Re
leased On RGnd.

It was not until q quarter past 10 last night
that Chas. H. Luzenberg. Esq, filed in the supe-
rior Criminal Court q prayer for writ OF
habeas corpus In favor of Recorder s. J. N
Smith BY that time the goody assembage that
had gathered In the court room In the expecta-
ton of the event had thinned down to score
Of persons at most.
The petition of Mr.. Gutenberg is in the fol-
lowing words:
TO the honorable the Judge Of the Superior
The petition OF S. J. N, Smith, who resides In
he is llsMly confined and deprived q bis it
srty by yhos. II. Handy, civil sheriH OF the
parish II Orleans, and by the Keeper OF the
Parish. Tyson. under an ALLEGED h e 2r,t r,n
trict Court for the parish of Orleans a copy of
which said alleged commitment is attached to
this petition and made part hereof. -, r,...
Recorders Court In the city Of New Orleans
duly commissioned and qualified; that as such
him with l1r5 with authority to summary try,
fore him with violations Of act No OF the Gag
islature Of 1874: that he did try. convict and
sentence A. Agosti for violation of said act No. 9
OF the Legs ature OF 1874; that the said act No.
enacted by the General Assembly of the State for
trict Court for the parish of Orleans il a court
exclusively Of civil Jurisdiction; that the said
Fourth District Court was without authority to
the said A. Agosti, so convicted and sentenced
by petitioner aforesaid that all the acts OF the
said Fourth District Court In that regard arc
l utilities. and that this petitioner did not and
could not commit any contempt Of Its authority
by disregarding Its orders when void
| Wherefore petitioner prays that writ OF
habeas corpus Issue from this honorable court
directed to the said Thomas f. Handy civil
sheriff for the parish OF Orleans. and to the
keeper Of the Parish Prison, commanding them
TO produce the body Of your petitioner before
| this honorable court, together with thecause of
his detention. forthwith and that after due
| proceedings, your petitioner he restored to
| his liberty, G. H. LUIENBERG
/ of Counsel.
@. f. Luzenberg b ,inr duly sworn, says that
! TO the best of bis belief, the foregoing allsga-
| ttons are true. g. II. IUIENBERtf
| ty-ninth day Of May. 1873.
ARTHUR WAUGH.
Assistant Deputy Clerk.
| Judge Whitaker. after taking cognzanse of
| the petition. issued the following order:
ORDER.
Let writ Of habeas corpus issue as prayed
Tor, commanding Thns. II. Handy, civil sheriff
and the keeper Of the Parish Prison for the
parish OF Orleans. to produce the body Of s. J.
~ Smith before me forthwith, together with the
cause of his caption and detention.
VIM II. WHITAKER Judge.
BROUGHT INTO COURT.
At 1l:1o o'clock Deputy Sheriff Eide appeared
into court with Recorder Smith, and after his
return had been read Judge Whitaker ordered
that the case be fixed for Wednesday next ut 1
O'Clock. and that meanwhile. Recorder Smi h
be adm itted to bail in the sum of $500. Re-
corder Smith having furnished tho requisite
bond was released. and the court adjourned.