The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-29
THE LOTTERY WAR.
JUDGE WHITAKER COMMANDS THAT
AGOsTI SHALL NOT BE RE-
LEASED BY ANY COURT.
A Virtual Suspension of the Writ of
Habeas Corpus.

Yesterday afternoon the following petition
was presented to Judge Whitaker, of the Supe-
rior Criminal Court, by Chas. II. Luzenburg,
ESQ on behalf of s. J. N. Smith. Recorder OF
the First District:
To the Honorable the Judge of tho Superior
Criminal Court:
The petition of the State of Louisiana on the
relation of Judge S J. n. Smith. shows with re-
spect that relat"r is Judge OF the First Record
and that as sacb he IS m
vested with authority to Try. and determine
summarily persons accused OF violation OF the
sections of act No. of the Legislature OF 1874.
That In his said capacity he has tried sum-
marily, convicted and sentenced one A. Agosti
for Of section Of sad @ Or 9f
fault thereof to be imprisoned in the Parish
Prison for five VS.
That hs fears Jas. D. Houston. sheriff Of the
Criminal Court and keeper of the Parish Prison.
will disobey the commitment sent him by the
reator. directing him to hold the said a. Agosti
cited sentence and will discharge the said A
Agosti ia obedience to some Illegal order to him
directed 10 that effect by some civil court OF ex-
Wherefore, he prays that writ Of mandamus
issue from this honorable COURT directed rect, to to
Court and keeper of the Parish Prison, direct
ing him to obey the mittimus TO- him directed
custody the said A. Agosti for the period of five
days unless he pay the fine Of s25 before the OK
Piration Of said five days In accordance with
G. II. LUZENBURG, Of counsel
On the back Of the petition was an order for
the criminal sheriff to show cause why the writ,
which was issued on the application at once.
should not be made peremptory. and 1t was
made returnable Mt o. M last evening.
At that hour Mr.. Luzenburg appeared and
presented the petition. Sheriff Houston being
present in person. After the submission of the
tha foil nd do in, ha
premises:
STATE OF LOUISIANA. PARISH OF ORLEANS-sU-
PERIoR CRIMINAL COURT FOR THE PARISH OF
ORLEANS.
State ex rel s. J. N. Smith. Recorder of First
Recorders Court vs.. j. d. Houston. criminal
sherif-Prayng for Il writ of mandamus.
a, The application for the writ of mandamus In
ne above hayhg come on this day to
counsel. O. H. Luzenburg. Esq. and the re-
spondent appearing IN his own proper e.
court that the writ Of mandamus be made
and the said Hous
Prison of New Orleans. is hereby commanded,
in the name Of the State of Louisiana. and of
Orleans. to obey the mittimus to him issued on
the twenty. eighth day Of May. 1873 by the Re
corder OF the First Recorder Court of the city
body Of A. Agosti, so committed to him for the
term and space of five days unless he pay fine
OF $25 De10Ie me expiration OF SAID I'VE days in
accordance with the sentence imposed and set
forth In said mittimus. And you are further
commanded not to release said A. Agosti before
full compliance with the said sentence set forth
In said mitimus without the order Of this court.
any proceedings in any other court In the
premises notwithstanding.
Done and signed Mt the city of New Orleans
this twenty eighth lay Of Nav, A. ID. 1878.
VIM. r. WHITAKER. Judge.
The order was then served upon the sheriff.
Afterwards as court had been adjourned and
the order was not upon the minutes. Judge
Whitaker ordered the court reopened by Sheriff
Houston. and then ordered that the proceed
angs be spread upon the minutes az In open
session. Thereupon the court adjourned
Judge Whitaker. when asked whether the writ
OF mandamus had over before been issued
from his court under such circumstances. re-
piled that it had frequently been granted. In
one case in particular where there was a sim |
liar condition of things, when Judge Saucier
decided act No 9 to be unconstitutional and re- |
leas ed under a writ OF habeas corpus one Rod |
riguez Judge Atocha issued the writ of man |
damus.