The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-07-06
THE FUG1rIvEs FROM JUSTICE.
How Criminals are set Loose by the
superior Criminal Court.

How Criminals are set Loose by the
superior Criminal Court.
In our issue OF the third instant 1t was stated
that two men b. n Macdonald and one Baylage,
had been arrested at the New Lake End for
having, from information received, stolen
sailboat from Mr.. Vose, Of Pass Christian. The
men. It was said, were brought before Judge
Miltenberger and committed to the Parish
Prison on that charge. then released. brought
before Judge Whitaker on writ OF ha6e9s
corpus and discharged.
The statement is, in substance, correct but
the true facts as acertained by DEMOCRAT re-
porter In an interview with Judge Mtitenber~
ger. and subsequently, with Chief Boylan,
throws a new light On the case. 1t is as fol-
lows:
Tho two men were sent to the Parish Prison
on the charge Of having property in their pos
session supposed 10 be stolen" hnd temanded
to await rtauis1tton from Mississippi a.,,.a,
caad on J J1dse MlenBe ger to have the men
released. This the Judge refused TO CO. ana
GastiBel left s,-s.,
conversng with some deputy sherits OF Judge
Whitdker's court, suspected the hGbeas corpus
dodge, and made out an order for the release OF
the parties on the charge mentioned above, ab
the same time making out commitment Tor
Their immediate incarceration on the affidavit
of being dangerous and suspicious characters:
A court officer Of the Second Recorders
Court followed Judge Miltenberger's instruc-
tions as to the release OF the men, who were
| Imprisoned in the Fourth Precinct Station.
just as the recorder had foreseen, Mr.: Gasti-
mel secured writ of hnbedS corpus for the
prisoners before Judge Whitaker's courti but
when the officers reached the station. the birds
had flown and the writ was nult and void. Re-
solved not to be beat. Mr. Gastinel. hearing that
| to the Superior Criminal Court, got out another
| writ OF habeas corpus, had the men released
| brought in chambers before Judge Whitaker,
who ordered their immediate discharge.
| However, court officer of the Second He
| corder's Court Officer Brown, had quietly
! watched the whole proceedings and as soon as
| the men stepped out Of the court building arr
| rested them by virtue or a warrant from Judge
| dangerous and suspicious characters, with the
additional stigma Of being fugitives from justice.
| fSee DEMOCRAT of the third instant.I
| Arthur Gastinel, who witnessed the arrest,
Immediately flew to Judge Whitaker and ap-
| prissd him Of the event. The Judge came out
and ordered Officer Brown, under penalty OF
| contempt of the authority OF The Superior Cr1m-
! inal Court, to let the men 60,
| This the officer did, and the men went hack
| to the court, In the meantime Officer Ruiz
| him, he stood by Officer Brown and awaited the
| egress of the men, whom the officers were re-
| solved to arrest the moment they would come
| out of the court building.
Shortly thereafter the accused stepped from
| the court and went to the other side OF Royal
street, when the two officers above named ar
| rested them. -
Judge Whitaker hearing of this. sent a sheriff
| after the two officers across the street, mace
them prisoners and hHd them brought into his
| private Office leaving the prisoners in the
| courtroom. While the conversation between
Judge Whitaker and the officers was going on
parts unknown. This is the true history OF the
. | case.