The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-24
GASES OF CONTEMPT.

a, DhD1o w UUNlEMPI.
~ The gentle Kelly, whose tender feeling
=, :. were 50 horribly lacerated by our plain OK
. posure OF the improperly of his conduct Il
:, acting, in his capacity of captain of the Cres
cent City Police as the informer, agent. apf
=, henchman of the Louisiana Lottery Com
pany, comes again to the front in his dua
capacity. When we read Kelly's letter of pro
test, which we printed Wednesday, agains
= our exposure OF him, we really thought VIZ
), had too rudely smitten a gentle Innocent
capt Kelly does not seem, however, to be the
wounded dove his letter may have led the
public to believe. ....
By reference to another column it will be
seen that this same Capt. j. B. Kelly, OF
the Crescent City Police, body paid by
S the taxes levied upon the people and pre-
sumably organized to protect the liberties
Q property and lives Of the citizens, is not sat
= lsfied with the action of Recorder Mlten-
berger in releasing from custody two parties
| he kelly seems to be prosecuting in the in
terest OF the Lottery Company for violating
act Nos.
After Recorder Miltenberger had refused to
recognize as constitutional this Infamous act
and had acquitted Saloy and Saranda under
| 1t, with the consent of the attorney for the
parties, he stated that he would hold them
until Monday at 10 o'clock, to give the State
an opportunity to proceed against them under
act No. 10 OF 1874. Monday, at 10 o'clock, the
Recorder received note from Mr. Braughn,
attorney OF the Lottery Company, requesting
him to delay proceedings In these cases until
IL o'clock, At 10 o'clock the Recorder received
a second note requesting him to wait until
half-past l, as he (Braughn) was preparing
some necessary papers in the case. While
the Recorder was. through courtesy waiting
on Braughn writ Of certiorari issued from
the Superior Criminal Court, on the affidavit
OF Kelly, directing the Recorder to stay all
proceedings In the charges against the parties
until the papers had been examined by that
| court. Subsequently, no affidavits having
been made out against Saloy and Saranda
under act No. 10. and the Recorder having the
Saturday previously acquitted them under
| act No. Q, he discharged them.
At this action of the eorder Capt. Kelly, |
OF the police, quite an important official in
that organization, is dissatisfied Two vic
tins have escaped the clutches of the Lot
terry Company, and this swashbuckler of the
police is Infatuated. The high privileges of
the Lottery Company have been tram pied |
upon, and that Is more than a captain of the
police can stand, and so this one proceeds to
lille an information In the Superior Criminal
Court to the effect that Recorder Milten-
berger had treated the orders, writs man
dates, and Heaven knows what else of that
august tribunal with contempt; whereupon
Judge Whitaker cites the Recorder to ap-
pear before him on Saturday and show cause,
II any, why he should not be punished for the
contempt Of the authority of his court
This strikes US as one Of the most remark
able cases that has grown out of the prosecu-
tons, or rather prosecutions, of the Lottery
Company. Saloy and Saranda were arraigned
before Recorder Miltenberger for violation
OF act No. 8. The Recorder decided that the
act was unconstitutional aid acquitted the
parties. This certainly absolutely termina-
ted the case and all proceedings in it. At the
solicitation OF the attorney of the lottery, and
with. the consent of the attorney Of the par :
Ties, the Recorder held Saloy and Saranda on .
parole until an affidavit could be made against
them under act No. 10. Perhaps the Recorder
may have stretched his authority In this But
as he acted with the consent of the counsel of I
The accused parties, no one can complain Be
that as 1t may, the case under act No 9 was
terminated, completed, finished. When the S
writ OF certiorari was issued there were no 7
proceedings in the case to stop or carry on v
When the Recorder discharged the parties y
here were no charges of any description ;
pending against them. The writ of certiorari Il
related to the cases under act No. 9, and it Ii
;ame day after the feast. The cases had g
'een disposed OF, and there were, as we have
said, no proceedings to stop. Wherein then, .
las there been any contempt of Judge Whit IL
lkers court by Recorder Miltenberger? If a
he Recorder had held Saloy and Saranda .
onger, without any charge pending against u
hem, he would have been guilty, in our opin- II
on, of the greatest offense and rendered him i
elf civilly and criminally responsible to these r.
'arties. y
Ii there has been contempt in these cases, it :,
s the contempt police officer has shown of ii
lis duty and his own self-respect; and that j
offered Recorder Miltenberger's court by q
5raughn, who under false pretext of pre- r
'aring papers under act No. 10 against Saloy lc
nd Saranda, abused the courtesy and mis- 81
lsed the authority of the court until he and u
Kelly had fixed up their writ of certiorari. b
We doubt not, too that when Judge Whit N
ker comes to investigate the baseless d
rounds upon which he has been led to cite W
Judge Miltenberger for contempt, he will find fl
hat Braughn and Kelly have trifled with a.
i'm ALSO and deserve both fine and impris- 81
nment for their abuse and contempt of the m
ignity OF the Superior Criminal Court. y
n
G.
AN CHINAMEN BE NATURALIZED?