The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-30
LAW AND ORDER.
.ruR INTEREST MANIFESTED IN THE
MAINTENANCE OF THE
CIVIL LAW.
The order of Committing Magistrate
Checked.

CneCAeu.
MANY thousands of our citizens. who are nat
s,rally Interested In the conservatives prlncipies
,f law and order. besides being directly inter
s,sted In tho outcome Of what promised to be a
contest between the minions of Charles Howard
With his Louisiana Lottery Company and the
citizens Of Louisiana with their rights of per
s,onal liberty. were not slow to manifest their
sentiments yesterday In regard to the spirit oil
s3efiapee shown toward our civil courts.
The gauge that was thrown down by erimi-
nal Judge and committing magistrate, In TACT,
seemed to have been taken up by the people:
md the questionable spirit which prompted
those who apparently raahlr laid 1t down was
resented with such an universal protest as TO
40. those who had eyinced such idtotac to-
populi. ~e~annal liberty and
Public interest In this case was demonstrated
TO be thoroughly awakened In tke commence
me nt of the extraordinary conflict witnessed In
our city yesterday. 1t was kept up with up l.
tagging zeal throughout the day. The final
tlenouement was waited for with such an eager
ness as to betoken the prevalence of general
desire to see The dignity Of the civil law fully
preserved and the highest rights guaranteed to
our citizens strictly maintained.
The eliminating point of interest in the
noted proceedings was the arraignment OF 4. j.
N. Smith, Recorder Of the First Municipal Court,
The trial OF this extraordinary case was set
for O'Clock yesterday evening. Long before the
hour designated for the trial of the case many
OF our citizens had assembled In the court
room to be present at thetrial. Before the open
ing hour had arrived the court became so
crowded that greater part Of It's standing room
those there assembled were to be noted many Of
our most prominent private citizens while a
vast array of legal talent was quietly represen-
ted In the expectant audience. At D. m. there
was crowd OF gentlemen who patiently waited
for the opening OF the court. When the Judge
entered q perfect silence reigned In the audi
snce several minutes before the opening of the
court
The court YVES opened Mt Gao D. m. In the
presence of a vast assemblage of citigens of all
GLASSES and conditions. lawyers. clerks police
men lin citizens dress and laborers the court
rel A. Agosti vs.. S. J. N. Smith, Recorder of the
First Municipal Court. was called. Aeck Dal-
sheimer. OF counsel for Agosti. submitted this
motion:
sMITH-RuLE FOR CONTEMPT.
To the Honorable the Fourth District Court for
the Parish of Orleans:
In re. State ex rel. Antonio Agosti vs. s. J. N
smith. Recorder of the First Recorders Court
of New Orleans On motion of Alex. Dalshei-
on repres entipg TO the honorable court that in
the above mention ed cause this mover. Antonio
VII Of E SEeh aPas bs
4 smb a %poseh by the s sal
of 1874. and now again suggesting the record
to the notice Of your honor in the aforesaid
cause combined and connected with your hon
orls decision In the matter and suggesting that
SAID decision Is paramount and res j'tilcatd,
this mover now saws that upon the identical
charge n9 neT onss pdeyane ne has been
without hearing. or without benefit of bail
md VII without knowledge Of arraignment. by
time of said commitment signed by him was In
full cogniz 'nce of the decision ofthis honorable
court IN the aforesaid cause. and that he framed
and by him signed with contemptuous pur-
pose to set at naught the mandate, this honor
i court VEL knowing that at the time he
of the fixed authority of this honorable court
.. wherefore; under the aforesaid suggestions.
show cause on the twenty ninth day of May |
1873. at 6 O'Clock .. M. why be should not be
punished for contempt for infringing. disobey-
z. IL. Luz nberg. ESQ. Of counsel for Smith.
twho was present, read the answer to the writ |
fer het in
tempt, respondent, In answer to rule for CON |
tempt respectfully AYERS that he is Judge Of the
leans and as such is invested with authority to |
summarily try. convict and sentence persons |
brought before him on the charge of violating
net No. 2 OF 1874. Conscientiously believing |
this court without Jurisdiction to entertain the |
a. a for haheas CORPUS he has commit
sentence pronounced by him at the time the ha-
beas corpus was prayed for.
Believing that the Fourth District Court.
court OF exclusively civil jurisdiction is with
out authority to pass upon the question of the |
detention Of a person charged with violating a |
police regulation, he has committed the said
Ag0stt according to the terms Of his sentence.
$. J. N. SMITH.
WHEN THE COUNSEL HAD CONCLUDED
The reading of his answer. the Judge remarked
to counsel that he though 1t was unnecessary
agreed upon on both sides az to the manner In
which Agosu had been arrested. The prisoner
was incarcerated by Judge Smith without sim
gle new incentive for the said arrest the com |
mitment of Agosti. as made by Smith was based |
on the same allegations and on the same charge
as the former commitment from which Aeo.tj |
had been released by this cou, on the writ of |
habeas corpus. Counsel on both sides agreed |
on this statement of the case as made by the |
court
The judge then ruled that in the habeas cor
pus case OF Agosti. he had already fully deter |
mined his jurisdiction in such matter. and that |
II was beyond dispute: therefore. considering
the fragrant contempt of 3. J. N. Smith of the
authority of this honorable court the court saw
nothing else relevant but to commit the re-
spoRdent to ten days Parish Prison, which was |
80 ordered.
The commitment is In these words:
COMMITMENT FOR CONTEMPT
To the Civil Sheriff of the Parish of Orleans:
State ex rel. Antonio Aeosti VS. s. J. N Smith
observation-disclosures s. J. N Smith has been
this day adjudged guilty of Il contempt of the
authority Of this court In a cause pending
before this court, In this; That on the six
teenth day Of May. 1878 one Antonio Agostf
citizen OF the State of Louisiana applied to this
G ourt for AYR of habeas corpus, alleging that
he was Illegally deprived of his liberty by said
g. J. y. smith for an alleged violation of act No
eral Assembly of the State of Louisiana. en-
titled an act relative to the sale of unlicensed
lottery tickets In the city Of New Orleans. and
that In default of the payment of the sum of SIS
fine imposed on said Agosti by said Smith. as
itecorder OF the First Recorders Court, city Of
New Orleans. he had been condemned to i'm
prisonmsnt for the space of five days in the
Parish Prison of this city.
That on the twenty fifth day of May, 1873 this
court ordered the release of said Agosti and his
from custody or imprisonment by
virtue Of said fine and Imprisonment, on the
tutional. null and void. bel, In violation of
articles ano 81 of the constitution of the State
Of Louisiana; that Notwithstanding said judg-
ment and discharge; due notice Ct which has