The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-31
THE HABEAS CORPUS.
1T Is AT LAST INDICATED AND
AGOsTI SET FREE.

At II o'clock yesterday, amidst most pro-
found attention, Judge Houston opened his
court and called the case for trial.
It was the time fixed for the production in
open court of the body of Agosti by the Grim
inal sheriff in obedience to the order of Judge
Houston.
The prisoner was brought into the court,
and after everything was In readiness Mr..
Gutenberg, of counsel for the criminal sher-
if, begged the attention of the court and read
the following:
STATE Ex REL. AGOsTI vs.. s. J. N. SMITH, RE-
CORDER, ETC.
The return of James ID. Houston,
criminal sheriff and keeper OF the Parish
Prison, to the writ of habeas corpus, herein
to him issued, respectfully shows:
/. That he has in his custody the body OF
A. Agosu, and herewith produces him In
open court, in obedience to the order OF this
9. That he detained the said A. Agosti In
his custody, and received him into his Gus
tody by virtue of commitment to him di-
rected by the Hon. s. }. n Smith, Judge OF the
leans, to him directed, dated New Orleans,
May 30, 1878, and commanding him to receive
and detain In his custody the body of said A.
Agosti for the period OF five days, unless he
pay fine OF S25 before the expiration OF said
five days, being sentence pronounced by said
Judge s. j N. Smith on said A. Agosti for viola
ton of provisions of act No. 8 OF the Legfsla-
ture of 1874, as will more fully appear from
said commitment hereto attached and made
part hereof. Further, this respondent shows
A. Agosti by virtue of a peremptory man
damus to him issued by the honorable
the Superior Criminal Court for the
parish OF Orleans, commanding him to detain
In his custody the body OF the said A: Agosti
until the sentence imposed upon said Agosti
by the said Judge s. J. N Smith, as expressed
in the before mentioned commitment, be fully
executed, as will more fully appear from said
order hereto attached and made part hereof.
Mr. Nuremberg also read the commitment
as made out by Judge Smith, and the order Of
Judge Whitaker for peremptory writ OF
mandamus, both OF which have already been
published in the DEMOCRAT.
At the conclusion of the reading of these
papers, ---..---
MIR. DALSHEIMER
moved that the relator (AgcstHbe discharged.
The Judge, in answer, delivered the original
opinion that he had already delivered on Sat
urday, May Is, which was published in the
DEMOCRAT of the twenty-sixth.'
When the judge had
READ HIS OPINION,
he remarked that subsequently the recorder
had caused the arrest OF relator on the same
| charge as the original commitment. The
| court gave full history OF the proceedings
In that case since Tuesday, and concluded
that the criminal sheriff had no right to de-
| tain the body of said Agosti, whom the court
ordered to be Immediately set at liberty
Something worthy of remark in connection
with yesterdays proceedings Is that the
Judge, was interrupted by the sheriff. who
said that the courtroom was too crowded
| and that the floor was too weak for the dense
that some should leave But such was the
interest and anxiety manifested as to the
| final issue of the case that only two or three
left the room.
Loud applause and approving gestures
from the audience greeted the decision OF the
Judge.
Therefore,
ANTONIO AGosTI,
by order of Judge Houston, was led out o
the courtroom by two deputy sherifs
through the crowd, his face radiant with TIM
satisfaction and confidence OF cltlz t Wn %
last been protected by just, upright, sensl
BILE and incorruptible Judge.
/ MR. NUREMBERG,
Of counsel for J. ID. Houston then arose ant
read motion for an appeal in favor OF hi
client, who, the motion stated, would be ire
parably injured by the said discharge
Agosti, and who would subject himself t
. disobedience of Judge Whitakers orders.
The motion further stated that the crlm1
nal sheriff was Interested peCuniarlly in tn
case in a sum over $500, and that should h
allow the prisoner to go out Of his custody h
would subject himself, ipsO tactO to expulSio
from office, and to other disagreeable an
irreparably injurious prosecution.
THE COURT RULED
that a suspensive appeal was out of the que:
| ton, but that, in order to appear and to {
, fair and impartial 1t would grant q devoll
tive appeal, which will be returnable on u
first Monday in November and not before, {
, the period between the present time and tn
month above named is not in order for sue
, appeal. Judge Houston said that the case 9
= that appeal could then be transferred to tn
! Supreme Court during its winter sessio
when that august tribunal couid nnally pas
upon the question and touch definitely upc
, the constitutonaIity of act Nos.
e 1T HAS ALWAYS BEEN MY DESIRE,
said the Judge, that the Supreme Con
should decide upon the vexed question OF Il
copstitutionality Of that act and the legallt
of the proceedings instituted hereunder.
. MR. LUzENBERG HEs1TATED
u somewhat, but taking philosophic view
: the question, and remarking that an exte
sive grin ornamented the phiz OF every o.
j. present he mildly said that he would take t.
>, appeal, and he retired to prepare 1t in t
n clerk s office.
l. SUBSEQUENTLY
e Mr.. Gutenberg returned into court, al
n moved that the court order that all delays I
maturing and signing Judgment be waive
a and that the judgment be signed lmmet
e ately. So ordered.
y The appeal was made out signed and file
and we will now hear no more OF the case
til November.
r.