The New Orleans daily Democrat. [volume], July 06, 1877, Page 8, Image 8

About The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880

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THE AUDITORIAL INQUIRIES.
IMPOMTANT WITNB3Wlel EXAMINED
IN EXIX 1UTIVE SESIIONW.
A Proienged Consultation with the At
torney General-New Facts Developed.
The Auditorial Iveistligat4g ommittse met
at 1 o'clock on Thursday afteranos and were
called to order by Senetor teven, there being
present, besides him, Messrs. Aldige, leeds and
Desmaras.
The chairman read an anonymous communi
cation, signed "Bt, Martin," tq the 9ffeot that the
ex-divislon school upetintebdent called tpon tihe
parish school treasurers of the parishes of St.
Martin and Vermilion to give him pablio money
whioh they did, taking his receipt therefor, and
that he used the money to defraj his travellng
expenses. Beterred to Senator Ogden'd com
mittee.
Sergeant 81abowaki, of the ex Metropolitans,
was called as a witness, when the committee
went into executive session and rcmsined with
closed doors until 4 p. m., examining in the mean.
time Corporal Brennan, ex.Metropolitan, in re
gard to
TaH sOOLaN Booxs;
also John Fabey, Deputy United States Marshal,
as to his knowledge of the books being at one
time in the Marshal's office.
Subsequently Attorney General Ogden was
called in to consult with the committee, first as
to their power to compel the attendance of wit
nesses, and slig to impart to him important in
formation whichthe committee.deemed of sufil
clent importance to go before the Grand Jury.
The committee then adjourned until 11 o'clock
this morning when additional witnessees will,
perhaps, Ie in attondance to throw a little
light on the subject under inves!igation;
Among the subjects soon to be taken up by
the committee will be the facts connected with
the non-appearance of nearly all of the delin.
quent lists, or rolls, from the parishes, as well
as into some oases from the city.
It will be remembered that during Kellogg's I
administration he was constantly
aomInSr1eon no was 0011on1anl
cHANGINi TAX COLLEGrorIt
to suit the whims or wishes of those of his horde
who "had points on him," so to speak, and gen.
erally to lowing each of those changes would be
- l eg fitghtfor the -pousseliu of thedetinquent
lists, the outgoing colleotor fighting for its reten
tine and the inoomin goolleotor for its delivery.
Generally the "out" in snoh oase desired to
OOVER UP HIS FRAUDS
in carrying taxpayers on his lists and reporting
them as delinquents when they had paid their
taxes, which the delivery of the list might show.
This was notably the case alleged in the legal
war between K rrigan and Yates, of the parish
of l8. James, the friends of the latter, Hansaker
among them, reporting that Kerrigan had par
sued the course lndicated; and in Masdison parish
Larkln, as late as December 18, 1876, reported
that his predecessor, Dickey, did not credit the
delinquents of 187b w.th the amounts they had
pai4 to him, Larkin alleging that pany of the so
called delnquents
MAD DICKEY'8 IEloIPrT.
The ctmmittee will have full information upon
this point, even though it must be had by the
inspection of each receipt givep by the ex tax
collectors in the parishes, as under the existing
law the collectors were compelled to file with the
recorders a copy of their delinquent lists, which
can be compared with the reoslpe luaed.
Another matter to be investigated will be the
question as to who were the bona fide collectors
in the parishes. Rumors were rife, even when
Kellogg made appointments, that in many eases
the parties appointed were mere figure-heads,
and that the real collectors were members or
Oongress, State Senators, Representatives, or
some of the smaller politiolaus, who generally
permitted the ollector (pro tom ) to do the
work and they would
POOxxT THE 003MM1IIONS.
In this connection, the following letter from the
ex-Collector of ft. Landry, in the p3asession of
the committee, in reply, seemingly, to one writ
ten, affords a little light upon that subject!
OPELOWSAs, La., December 5, 18786.
Bon. Gen. B. Johnson, New Orleanse:
Dear Sir-Yours by mall this day has been re
ceived; contents noted. You will please to do me
the favor to call on Gen. Anderson to settle any
amount due against me on Treh.arer'e books, as
I forwarded the unds by him when he went to
the city; Do me the favor to esll on him as soon as
von receive this, as I would didlte very much to
be reported as short in my acoout. I will leave
here on the 10th for the city, when I will see that
all is right.
Very respeoctflly,
T. L. MORRIS.
THE BOARD OF HEALTH.
The Board of Health met Thursday evening
at 8 o'clock in their room. Present: Dre.
Chopin, Taney, Jones, Taylor, and Messrs. Har
die and Nott.
After the reading of the minutes of last meet
ing a letter from Dr. Smith, who Is in charge of
Atohafylaya Station, with reference to the pres
ent condition of affairs there, was listened to by
the members.
The reports of the sanitary inspectors were
read.
FOR THE FIRST DISTRIOT.
Dr. Choppin:
Dear Sir-I have the honor to submit the fol
lowing report for the month of June:
The general inspection is somewhat behind,
owing to the number of* oases of small-pox on
hand. We have advanced by squares in the
First Ward as far as Anulncation street, and in
the Hooond Ward as far as Magazine street, the
work being done by Offioers Woody and Jeanean.
In my special report regarding the vaults of the
lit. Charles, City and St. James Hotels, I have
shown where said hotels have violated the laws.
this matter being under the consideration of the
attorneys of the Board of Health.
With the exception of small-pox, the only dies
ease prevailing to any extent in the First District
is malarial fever. Although I have tried to have
the people of the First Diutriot avail themselves
of the opportunity to be vaccinated, yes the pset
month shows that only three whites and four
colored were vaccinated. Of the whites two were
primary and one secondary cases. The one col
ored child was a primary case of vawcination.
The number of cases of email-pox during the
month of June were fifty-three.
ML E. SOHL&TEB, K. D.
SECOND DISTRICT.
Complaints have been made by .tizens to the
sanitary inspector relative to the noisome smell
arising from the oyster shells on the levee, ad
garbage in a state of putrefaction in front of the
Red Wtorea Also complaints against the city
car stableson Esplanade street, near Bayou St.
John. The Inspector reports that he inspected
these stables and found them well kept. Num
ber of inspections made, 755.
A. 8. LADRv, M. D.
THIRD DISTRICT.
There is leess malarial fever in this district
than during previous years, and the health there
is most excellent. The inspectr aske that vacoi
nation should be made compulsory.
The recent cleaning of Claiborne canal is con
sidered as improving mouch the public health,
and the streets are In good order, but the gutters
are not cleaned sufficiently. Of the forty-five
oases of small-pox during the month twenty were
white and twenty-five colored. H. Bezou is the
inspector.
FOURTH DISTRICT.
This report shows a large decrease in semall.
pox, and gives promise of an early disappear.
ane, but the sanitary condition of the district is
not good, owing to defective privy vaults. Dr.
Joe. Holt is the inspector.
FIFTH DISTRICT.
Very little sickness in this district, with the ex
ception of small-pox, which is confined to the
negroes in Freetown. The necessity of vaccina
tion is shown, and strong measures urged to
compel it. Dr. John B. Magruder is the health
officer there.
SIXTH DISTRICT.
The general health throughout the district is
good, and small-pox shows only two deaths dur
ing the month. The inspection of houses is pro.
gressing fast. Dr. Bayley is in charge.
SEVENTH DISTRIOT.
This district is reported in fine sanitary oondi- I
tie and the eneral health of the inhabitants
'. 'lbe inspeetion is progressing rapidly
and will fon be olosed. Dr. W. H. Watkins has
ID this under hbls upervioo.
Presldent boppn , after the reading of the
reports from sanitary inpeetor, said that small
pox was the disease against which they had to
t- batte most. In times before vaeemnation the
rate was that in one million persons three thous
and pernsne sffered, but since vaeolnation it
t had .eoreased to one hundred and fifty in one
re million.
The Presldent suggested that, by a communl
e' cation from the Quarantine Physician, the night
d ouxswain did night duty also, and an additional
sum should be added to his salary. Carried.
With regard to the collection on the tonnage
passing the BEaoiete a letter was read from the
5 attorneys of the board, Meeers. Kennedy &
us CAUs, suggesting a rate which would meest
it with but little opposition, it was thought, It is
as follows:
Y. BEery vessel arriving at Quarantine Station
iBa olet and Atobifaly shall be visited ant
g bsarded by the physician, and shall pay the fol
Slowing fees: Bltenlpsips $50, steamboats $5,
ships 85, brigs $2 50, schooners $1, sloops, smacks
and luggers 50 crtse.
s, Au amendment was offered by Col. Hardie, as
0 follows: Steamships $10, steamers $5, ships $5,
b brigs and all three.mssted vessels $3, schooners
$2 650 smaoks $1. Carried.
l* The President called the attention of the board
. to the necessity of adopting a means of exca
vating the vaults of the city without odor, ac
cording to the statutes of the State. He said
that thus fhonly two companies had presensd
themselves is applicants for the privilege.
e The Secretary read a cJmmunioation from the
New Orleans Sanitary Excavating Comp any rela
tive to the excavation of vaults, and asking for a
competitive examination.
5 The President stated that permission had been
granted to this company to excavate vaults.
The Secretary read a letter from the Eagle
Company, asking the privileges accorded to other
co rpanies.
The report of Dr. Holt relative to the success
of the Eagle Company's excavating arrangement
was read, showing that the work was performed
in a trusetworthy manner and was odorless.
a Dr. Jones moved that a committee, composed
of the President and two members cf the Board
of Health, be appointed to confer with the city
authorities with respect to the apparatus to be
I used in cleaning vaults, and to suggest the ne
cesary rules on the subject. OCrried.
Dr. Jones and Mr. Nott were appointed on the
committee.
Mr. Hardie then offered a motion that the por
tion of the law relative to odorless apparatus be
referred to the attorneys of the board. Carried.
The President stated that several complaints
bad been made relative to the discharge of ex
cremental matter into the gutters by the several
hotels, and he was determined that a stop should
be ut oit.
Dr. Jones said that it would be well to con
sider the useof gas lime as a disinfectant, it being
cheap and easily obtained.
And be then read a very interesting paper on
disinfection which was listened to with much
attention. He said that, after all of his experi
ments, he th.ugbt;tbe board ought to consider
only two or three dasnfeotants--eatbollc acid
and ohlorine.
A resolution was then offered by Major Hardle
that the experiments with the odorless appara
tuns be conducted before the same officer that the
former experiment was conducted. Carried.
Dr. Taney moved that a committee of three
be appointed by the President to take into con
sideration all the statistics relative to yellow
fever, and that the sanitary inspectors be ordered
to take every care with the mlonue of the disease
and its sarrou.dings, an report t a ssane, espe
cially with reference to subasil. Carried.
The report of the coal oil inspectors was then
read:
No. of tanks inspected................ 5
No. of barrels inspected.............. . 527
No. of tin ns........................ 1,025
No. of gallons found above flashing
point 1250....................... 14.24
No. of gallons gauged and inspected be.
low flashing point............... 386,058/
otal number ganged and inspected.... 60,282/
And thereupon the board adjourned untou
Thursday next.
y DOOMED.
ianm' Ilatiman Sentenced to be Hanged
At 12:45 o'clock ) eaterday Judge Whitaker casllec
Samn'l Walman from the dock, and the conviotei
man came out, looking haggard and careworn
When he arrived at the bar he stood up, ian
Judge Whitaker said:
Samuel Wallman, on the thirteenth day of June
a you were found guilty of the crime of murder or
the body of 8. B. Simple, committed on the thir.
teentlh of October, 1876.
By virtue of the verdict and the section of the
Revised Statute, I now sentence you to be hanged
by the neck until dead, on such day as the Execu.
tive may fix Have you anything to say in arrest
t of jldgment ?
The prisoner blanched at the sentence and,
moving somewhat restlessly, answered "no" in a
deeo sepulohral voice.
He was then escorted out of the court-room,
whilst the deepest silence reigned.
The case against Samuel Wallmnn was the
g killing of one Stephen B. Simple, on the levee, at
the head of Julia street by stabbing him with a
fisherman's knife on the 18th of October of last
year.
The witnesses testitled that Wallman, standing
on the levee, pulled off his coat as if he wanted
to fight with the deceased, but the latter kept
Saway from him, ref.osing to fight.
Finally Simple told Wallman if he wanted to
fight, he could get it if he came out on the dirt.
In the meantime Wallman put his shirt on and
commenced laughing at timple, who retired on
the wood work of the wharf, and Wallman en
tered a fi hing boat and armed himself with a
knife.
Wallman then came up on the ievee aird
struck at Simple, when they were separated.
Wallman said if he had a fair show t.e could
whip the deceased, and called on one Farrell to
act as his friend.
Wallman, when he came out of the skiff, had in
his hand a sheath knife and he put it in a basket
he was carrying. Simple, when he saw the knife,
went to the Barge office and asked for a
revolver, and those who were standing around
told Simple to take a stick of wood.
Simple took a stick that was lying
there and ran out in the a reet
towards the Mobile railroad track where
he stopped, and faced Wallman. who held the
knife in his right hand, and he made two stabs
at Simple. The latter screamed, and accused ran,
pursued by eeveral witnesses.
In the chase he fell and dropped the knife and
then surrendered.
Wallman had killed another man some fifteen
years ago, and had served a term in the Peniten.
tiary for it.
Mr. J. O. Nixon, Jr., attorney for Wallman,
after sentence had been passed, filed a petition
for a suesp'nive appeal to the Supreme eourt.
This will delay the execution for some time.
AMUSEMlENTS.
ACADEWY OF MUSIC.
On the Fourth the Veteran of the
Mexican War celebrated the day with a
matinee at the Academy of Music., opening with
prayer by the R3v. Mr. J. Fisk, and comprising
tableaux and an address by the Rev. Mr. John
Matthews. The tableaux represented episodes
of American history, and were handsomely pre
sented.
FAIB GROUNDS.
At the Fair Grounds in the evening the Clerks'
Benevolent Asseociation gave their annual picnic,
which, as usual, was a grand success. The dis
play of fireworks was a great feature.
OPERA IOUSE.
Last evening this place of amusement was
filled with the elegance and beauty of the lower
districts. The attraction was one of those
charming soirees wh ch are periodically given by
the Assoociation Dramatique Orleanaise.
The programme consisted of Sardon's delight.
ful three act comedy of "La Papillonne," "Le
Hamard," a one act comedy of E. Grudinet ani
the patriotic song "Le Revell de La Louisianne,"
words by L. Placide Canonge, Esq., and musioby
Prof. G. Curio.
It was our pleasure to be present during the
last two acts of "La Papillonne," which we may
*ay unhesitatingly was very well rendered by
Messrs. Honore, Dessommes, J. M. Cressy A. U.
Roux, J. A. Hee., and Mesdames Louise 'Dorel,
Marie Deedet and Albertine Bauer.
Our young amateurs, however, spoke so low
at times that they could scarcely be heard, ex
cept by those nearest the stage. While regret
ting that we could not see the last mentioned
comedy, we wish to extend our congratulations
to the club upon the improvement they bring
antoeach euooeeitug *Prf.orano,.
CUI I-HOUSE GLNNG8.
WHAT O-. CUPIED THE .119M4EPA
ATI EzNTION_ YESTERDAY.
Big Radical ePoliticians and Small (7)
Indictments and Informations.
Blaine, Buroh. Packard and Chamberlain were
the four distinguished (?) personages who dis
turbed the equanimity of the Custom-House of.
fiials yesterday, the second named occupying
really more attention than all the rest, the gen
eral impression being that he would not soon ec
oupy
THE PENSION OFFICE,
for which he was a strongly indorsed candidate,
his papers bearing many names equally promi
nent as that of Bruce, the colored United Ststes
Senator from Mississippi.
Of course the informations filed against the
members of the Returning Board attr oted some
attention, but as it had been expedled for some
days it did not cause much surprise, and com
ment was principally as to what proof the State
could bring at the trial to sustain the charges.
WELIM TO THE CABINET.
Surveyor Wells denies that be wrote to the Pres
ident relative to the rumored indictments or in
formations against the Beturning Board, but he
thought that a letter he had written to one prom
inent in position at Washington might have been
shown to the President, and henc3 the reference
made in sume of the Washington telegrams.
He did not relish the idea uf the informations
much, though one or. two personages who are
not elsesed with the "ins" thought it would be a
good thing as it might help their friends who are
candidates for any vacancy that might turn up,
and would, even in ease of emergency, accept the
surveyorship should Governor Wells by any
means lose that position.
MUNICIPAL RMATTEa.N.
lThe Coal Lendingl-The Work of the City
Contractors.
His honor, Mayor Pilsbury, left for Wan
kesha by the evening train of the Jackson Rail
road Company. His honor has appointed Admin
istrator Oavanao Administrator of Finances arl
interim, to fill the vacancy occasioned by Col.
Denis' assumption of the mayoralty pro tent.
Eager, Ellerman & Co., through Col. Lusk,
-protested on Thursday morning against the
granting of the privilege to Messrs. Brown &
Jones to establish) a coal landing on the
levee above the Mobile Railroad depot,
on the ground thatit was
A VIOLATION
on the part of the city of the wharf contract.
Mr. Cavanac wanted to know whether the wharf
contractors had complied with their obligations.
Ool. Lusk replied that they had, in spirit.
Cot. Lusk believ s that it is the right of the
wharf contractors to looate the coal or other
aIndings, from which belief Mr. Ovanac differs,
else his prerogatives as Administrator of (tom
merce would too severely ignored, as well as those
of the harbormasters.
Bnt to return to the coal landing, the privilege
granted to Mesers Brown & Jones is misunder
stood in some qdgrters. Their proposition to
lease the sonare of ground mentioned in their
petition
HAS BEEN REFUSED.
The privilege which is accorded them is simply
similar to other landing privileges, and for which
they will have to pay wharfage dues to Eager,
Ellermann & Co.. like anybody else; besides,
Messrs. Brown & Jones will reclaim to the city a
large portion of the batture. at an expense to
themselves of from $1200 to $1500.
The city contractors,it is no iced, are working
energetically throughout the city, the laborers
having made their appearance in certain localities
where they had never been seen before.
Mr. Peter Markey, the contractor for the
greater portion of the work, says that he is
determined to make the system a success even if
he does not derive
A DOLLAR'H WORTH
of profit therefrom.
It is estimated that by the reduction of wages
and the hire of carts, a saving of from thirty to
forty thousand dollars per annum has been
achieved by this contractor. This saving could
not have been effected by the city, for had it
been attempted to make a reduction by the
corporation, the attempt would have raised a
howl of indignat!on on the part of over sensitive
people, not to speak of the laborers themselves.
Yet at $1 25 per day the t'ree or four hundred
men now employed will make more money than
before, by working every day instead of on half
time, as heretofore.
WIlliam Woelper's Funeral.
We buried our friend Woelper yesterday. It
was a heavy evening; the clouds on the horizon
stood impassible, the dark azure of the sky
seemed to press the atmosphere down with its
sultry weight, the very beams of the setting sun
fell like molten lead upon us, the air was dense,
not a leaf stirred, the branches of the trees seemed
to hang down prostrate, and in sympathy with
universal nature that simply reverberated our
mournfol thoughts; our hearts bictt heavy and
sorrowful.
The funeral hearse started from Dr. Gustine's
place, No. 82 Jackson street, at about half-past 5
p. m., and numerous were the familiar faces that
followed it,
In front of the corpse, adorned tith tihir in
signia, marched the members of Hermitage
Lodge No. 98, to which brotherhood the de
ceased belonged, and six pall-bearers, three on
each side of the hearse, accompanied it, four of
whom were brother Masons, the two others being
selected from among the beet friends and com
panions in arms of our regretted friend.
Col. Vaudry and Capt. Wat Tyer Cluverins,
both of whom were members of Fehner's Battery,
in which during the war Mr. Woelper held a dis
tinguished position, led the main body of the
procession, and all that is left of Fenner's Bat
tery in this city followed them to do khonor to
their lost comrade. After these came numerous
friends and lady acquaintances, making a long
string of regretful followers. The ceremonies at
the greveyard were solemn and impressive. Af
ter the funeral rites had been read by the Rev.
Dr. Percival, Mr. J. D. Taylor, in accordance
with the dying request of Mr. Woelper, per
formed the Masonic ritual over the grave.
When the dull sound of the trowel upon the
closed up grave had given notice that the body
of Wm. Woelper was immured forever, his sob
biog widow was gently torn away by her friends I
from the mournful spot, and we followed them
out of the graveyard, sullenly pondering over the
lose we had eufflted, and how Divine Provi
denoe, in its inscrutable decrees, strikes at the
good and true with the same unfaltering and
indisoriminating hand that strikes the wicked.
Happily the hereafter ccmes after th:es transient
life, to punish its wickedness or crown forever t
its glories.
Drowning at Biloxl.
Biloxi was the scene, on Wednesday evening, of
one of those fatal accidents which can only be
attributable to the waywardness and imprudence
of youth. Two boys were out bathing around
the pierhead of the Magnolia Hotel, one of them
about eleven years old and the other ten.
Joe Ebehart, the boy of eleven, hiving swum
out a few yards, suddenly disappeared. He had
ventured into water too deep for his swimming
powers and had sunk exhadsted. the brave
httle fellow who was with him made two inef
fectual attempts to save him, but that was no
doubt fortunate for himself, as had he succeeded
in oa'ohing hold of the drowning boy he did not
possess the strength to carry away his unfortu
nate companion, and both would have been
drowned.
The alarm having been givan, i;i:y halt an
elapsed before the body was found, so that
r. Champlln, who had been called, found noth
Ing to do but to certify to the death of the peor
little fellow. Coroner Caillavet, with his Jury,
held an Inquest on the body, and the jury re
turned a verdict of accidental drowning.
THE TRIP TO MOBILE.
The Joint Excursion Given by Hook aidl
Ladder No. I and Creole No. O.
t The excursion given by the gallant boys of
Hook and Ladder Company No. I and Creole
Steam Fire Company No. 9 to Mobile was in every
respect a grand success.
The two companies, with their guests, boarded
the Mobile train at the head of Canal street,
with a fine band of music, on Tuesday evening at
4 o'clock, and in a few moments the iron horse
was pulling them on to Mobile at the rate of
twenty-six miles an hour.
The journey was a most enjoyable one, noth
ing occurring to mar the happiness of any single
individual. This was chiefly due to the skillul
management of Hon. C. J. Berry, the Foreman of
Hook and Ladder No. 1.
Mobile was leached at 9:45. and the excursion
ists repaired to the Batt;e House, whibh, by the
way, is the finest hotel in the.city, and were re
ceived by the genial proprietor, Mr. Mason, who
had everything prepared fur the entertainment
of his gu sts.
Tuesday night was stent by'the ' boys" in va
rious places of amusement.
The gloriotu Fourth c+me at last, and as pic
nics and out-door entertainments were the order
of the day, many of the excursionists amused
themselves at thes~ places of resort, while
others occupied their time in roaming about the
city.
O(ur reporter was furnishbed with a tine team
from the model Waverly stables, of which Mr. B.
Dane is the proprietor, and whose stables are
no'ed for their fine trotters.
Yesterday the department paraded the differ
ent streets in company with Phounix No. 6 of
Mobile, after which the New Orleans companies
repaired to their hosts' engine-house, where they
took some refreshments.
At 3 o'clock yesterday the boys took the train
for home, and bid farewell to the city where they
had spent such a pleasant lime. When our ire
men reached New Oileans, although tired and
travel- worn, they did not fail, as they passed the
DEMOCRAT office, to stop in front and regale the
wearS journalists with a delightful serenade, for
which thanks.
"BEZZLING BURCIH.
He is Arrested, and Applies for a Writ of
Habeas Corpus.
On Tuesday evening about 7 o'clock, Mr.
W. S. Booth, Sheriff of the parish of East
Baton Rouge, arrested and took into his custody
J. Henri Bnrch, on the charge of embezzling the
funds of the School Board of that parish. Shortly
after the arrest H. O. Castellanos, Esq., attorney
for Burch, filed an application for a writ of habeas
corpus before Judge W. B. Whitaker, of the Su
perior Criminal Court, and it was fixed for trial
for Thursday morning.
1 he application for a writ of habeas corpus
came up at 10 o'clock, H. C. Castellanos, Esq.,
and E. North Cullom, Esq., for the relator, Dis
trict Attorney Finney for the State.
J. Henri Burch appeared in court looking not
much the worse for wear after his night's incar
ceration in the Pariah Prison.
The petition alleges that the applicant was
illegally detained by virtue of a writ of arrest
i sued from the Fifth Judicial District Court, sit
ting in the parish of East Baton Rouge, and that
the capias was ir formal.
After Mr. ('astellanos had read the petition Mr.
Finney read the answer to the rule, denying that
the 8heriff of the parish of Orleans had control
cf the prisoner, and alleging that the sheriffof
East Baton Rouge had entire control of him.
The counsel for the prisoner urged that if the
prisoner was net in charge of the sheriff, he was
at lioerty to go at once.
Mr. Finney said that the return to the writ
showed that the sheriff of this parish had not
charge of the prisoner and therefore the writ ought
to be di, missed.
The court inquired whether the sheriff of East
Baton Rouge was in court, and he arose and
stated that he was present. The judge then said
that as the sheriff of East Baton Bonae had the
custody of the prisoner, the writ would have to
be dismissed, but he suggested that in
order that the case might be tried at once,
the sber:ff of East Baton Rouge should be made
a party to a new writ, and he would try it in
stanter. He ordered Burch to be kept in the cus
tody of the sheriff in court until the application
for a new writ could be prepared.
The attorneys for Burch immediately drew up
another application.
The retur- to the s"cond application was that
the prisoner was detained by the dheriff of East
Baton Rouge by virtue of a warrant from the
Fifth Judicial District Court. and it was a goed
by W. i. Booth, deputy sheriff.
Mr. Castellanos read what was termed the war
rant, and claimed that it was only an attachment
as it commanded the sheriff to "attach" the pri
soner. He argued that an attachment in crimi
nal law was simply awrit to commit for contempt
and nothing else.
He claim d that the paper was neither a spe
cial nor general warrant, neither a bench war
rant nor a capias, and cited several authorities to
support Lie case.
Judge Cullom rcrp):.dol on behalf of the prig
cner,
He claimed that this 'attachmont" was null
anu t.o; :or the detention of the prisoner. No
person could be arreste I under such a paper.
pis rict Attorney Finney responded, and ar
gued that the warrant was correct in fo m and
according to common law forms, even if the war
rant did not contain the particular word "arrest"
instead of "attach" as used.
Capt. Hawks, representing the sheriff of East
Baton Rouge, in a logical and conc:ee statement
of the iaw and facts of the case, argued that the
warrant was correct and commented on the
authorities reai by Mr. Castellanos.
After Capt. Hawks had closed his able argu
ment, Judge Whitaker said that, as he understood
the matter, we have no forms of capias laid down
by State statute and, therefore, we atlould follow
the common law.
He did not think that *irds shoultd be held
as sacramental, and that the spirit should be
lost. He did not believe that, inder our eye
tem in a warrant, that any set or particular
class of words should be used.
In looking at the warrant he was salsfied that
all the proper terms had been used, and the
crime, time and all other requisites necessary
found.
He reviewed some English authorities, Snd
said that he did not think any injustice was dot.
the prisoner. Lb was infor.ped that there was a
case against hit4 in a certain court and was on
his guard.
He, therefore, _onsed the writ of habeas cor.
pus.
Burch and a devuty sheriff took a carriage and
he was driven off, and last evening in company
with Deputy Sheriff Booth, ef Fast Baton Rouge,
and his attorney, Heny C. Caetelanos, he started
for Baton Rouge by steamer.
Brevitles.
A strong east wind for st veoral days has driven
the salt water into the lake, which suits the
bathers muchly, as it is the fir4t time they
have had the pleasure of salt water bathing since
the water began running through Bonnet Carre
crevasse.
Complaint has been made that a car of the Es
planade line was fired into Wednesday night,
near the Fair Grounds, by a party of roughs.
This should be looked into.
'Oh, no sir, it's not bread that I want,"quoth
a Camp street beggar last evening, "but I'm
axin yez for a sthrate car ticket to ride meself
home on; fwat would I do with bread; I don't
know; but plaze, sour, gimme the car ticket an'
I know fwat I'd do with thas, shure I will." The
appeal met with an audible smile, but divil the
ticket was forthcoming.
The average "stan lard.' thermometer equiz
zled clear our through the s'op yesterday (in the
shade), and to secure the exact temperature the
weather watchers were compelled to get a step
ladder and go into the third stor;ed to ind ex
actly how far up the mercury had gone.
Underneath the B npte Chamber, in the base
ment of the State-House, in one room th; re is
over a hundred school dcsta and benches be
longing to the State and inever yet used, that
might be made serviceable in fitting up some of
the clay "choo rooms.
* TIfE FOURTH.
r 'TE EXCUURrION AND FOURTH OF
JULY CELEBRATION AT DONALD
bONVILLE.
A Grand Turnout-The Principles of 177
RaUAed in 1877.
The Durfee, with the, battalion of Washing
r ton Artillery, and the St. Mary, with the Conti
nental Guards and the Royal Guard, arrived at
Donaldsonville about 8 a. m. The boys of the
Washington Artillery having landed opposite
Donaldsonvrllle, soon waked the morning echoes
with a military salute to the noble little city and
Its historic veterans of the Donaldsonville Can
noneers.
The salute ended, the Durfee steamed across
the river, and by the time her lines were made
fast, the Cannoneers were prepared to give wel
come to their guests by the thunders of their
own battery, and by the generous hearted kind
ness with which the good people of that lively little
city greeted their friends from the capitol city.
The reception over, the ceremonies of the day
were opened by a presentation of a beautiful and
costly banner by Miss Ella Maurin, the daughter
of the late gallant captain of the Cannoneers,
who led that company through many of the hard
fought battles of the late unhappy war.
It. N. Simms, Esq., made a happy and touching
speech in behalf of the little maiden, who, in the
name of the fair ladies of Donaldseonville, donated
the banner, and Prosper Lan. ry, Esq., their
present commander, whose gallantry during the
trying times of war had endeared him to the
veterans and their many admirers and friends,
replied in his own earnest and vigorous manner
on behalf of the Cannoneers.
Father Cuppens, whose zealous patriotism and
religions parity has won the confidence and af
fection of the whole people of Donaldsooville.
sanctified the gift with the blessing of the church,
and the gallant Cannoneers bore off their rich
gift in well-befitting pride.
The Cannoneers have chosen a splendid uni
form-blue with red trimmings--and bore them
selves as they always do, like men and patriots,
under the command of Capt. Prosper Landry,
First Lient. J. T. N lan. First Junior Lieut.
Ed. N. Pagh, Snoond Lieut. F. G. Breaux,
Orderly Fred. Duff I, and Faret Sergt. Tras. Lan
dry, to all of whom this reporter desires to return
his hearty thanks for courtesies.
The thousands of citizens from the surround.
lug country and pari~ses, together with the ex.
cursionists from this city, collected about the
stand in the rear of tee church about 12 o'clock.
Another salute was fired, and the music pealed
forth in patriotic airs,beginning with "Auld Lang
Syne."
The assemblage was called to order byDr. E.
Duffel, President. Mr. Jones read the Declarae
tion of Independence, and Col. Engane Wagga
man delivered an address in the French lan
guage, which, by its pathos and touching and
elegan oratory, was received with the greatest
enthusiasm.
A shower coming up, an intermhission was had,
after which Col. Lingan delivered the regular ad
drrss in English, and was followed by a short
speech from Prof. Dimitry, when all adjourned to
the dining hall and enjoyed a splendid repast.
A general scattering followed the feast, and the
httle town was enlivened with social and friendly
greetings till the evening parade.
Col. Owen reviewed the whole military turnout,
which was highly commendable, and showed
gri at proficiency on the part of the soldiers and
enthusiastic appreciation on the nart of the crowd
of ladies and citizens, old and young, black and
white.
A delightful and brilliant ball was attended in
the evening and kept up till late in the morning,
when the guests reluctantly departed for home.
The address being crowded out to-day, will ap
pear In ouc next issue.
CAPITOL GOSSIP.
HOW " COMPROMISE" TAX COLLECT
ORl" NhTTLEMENTS ARE NOT
MADE NOW.
Republicans Claim Bureh's Arrest An
other Violation of That Agreement
Ilayes to be Appealed To.
The so cond quarterly settlement of the tax col
lectors continues, and the attendance of brokers
about the Treasurer's office indicates that the
State's creditors are fully as prompt in calling for
little balances as they were in.ante-bellnm days.
In the other State offices routine matters only
occupied the attention of the officials and em
ployes, all of whom
SEEMED MUCH INVIGORATEL'
after one day's rest from their labors.
One of the District Attorneys, Steele, of the
Thirteenth Judicial District, made application on
Thursday morning for a requisition for a fugitive
from justice from Tenses parish, which will be
issued upon the arrival of the Governor.
An examinatijn of the books of the present
Auditor shows that A. Le Blanc, the ex.tax col
lector of St. Bernard, has settled for his defi
ciency of 1876. He received orders from John
son, it seems, to pay his money into the Treas.
ury, but did not do so, and, after Auditor Jamel
obtained possession or the office he presented his
Johnson ordere, and duplicates were issued
upon which be paid into the Treasury the
=alance charged against him by the Auditorial
Committee's testimony.
Kerrigan, of St. James, claims to be in the
same list as fir as th? puaotshed a tonatse are,
concerned, and exhibits the Treasurer's receiptd
for the amounts specified. He does rot state,
however, how
A CERTAIN COMPROMISE
was arranged about the time the State Auditor
got after him, and at which time he was landed
in the Parish Prison here, after the Auditor's ex
aminer had gone through his accounts.
The "compromise" tax collector question
would, in the opinion of some of the ex-Bepubli
can officials, be a fII one for investigation, as it
might be shown by a critical search that almost
worthless warrants or those that could be pur
cbased at from tweLly-five to thirty cents on the
dollar
WERE RECEIVED AT PAR
in these settlements, whereas the defaulting tax
collector should have been forced to settle with
the money that he received from the taxpayers.
Propositions of this kind have been made
repeatedly to the present Auditor by the friends
of the ex-defaulters of the Kellogg stripe, and
cases' are known where, in the efforts at a con
summation of these schemes,
EINDSOME FINANCIAL. INDUCEMENTS
have been held out in an indirect way, his reply
invariably being of such a character that his
visitors vacated his office mn short order.
In other cases propositions looking to a com
promise nave been by hireferred to the Attor
ney General, who insistdthat there shall be no
compromisee in such cases unlees the defaulters
pay to tee State every dollar that they owe, he
assuming that their esuretis can be compelled to
make good any losses that the State may have
suffered from their thievery.
The meeting of the State Board of Canvassers,
which should have tak-n place to-day, has been
pos poned until the lOde inst., at which time
Senator Robertson is expected to be in attend
ance.
Adjutant General Patton having received a ten
days'
LEAVE OF ABSENCE;
will take himse'f out of the ci.y as soon as his
office is removed to the lower floor of the State
House.
Yesterday afternoon the wife of J. Henri Burch
called at the executive office to see Gov. Nicholls
on behalf of her husband, but the Governor
being absent the desired interview was not had.
In c,.nnecti~n with the arrest of Burch it was
stated by a Repub ican, who visited the Treas
urer's r fice yesterday morning, that the general
impression among Republicans was that the ar
rest was
A VIOLATION OF THE AOREEMENT
made ,reedieg the filibustering in the lower
house of Conprres, and It was further reported
that some of baroh's friends would ppealeto
President Hayes in order to secure his influence
with Governor Nicholls to have dismissed the
prooeedlogs against Buroh on the ground that
they violated in spirit the terms of the Foster
Matthews agreement.
THE RETUINI BU OARD.
They are Called Upon to CVoee Up antd
Settle With the taplain.
Yesterday afternoon, before Judge Whitaker,
District Attorney Finney and Attorney General
Ogden, by the advice of the last Grand JurA pre
sented the following information against the un
dersigned:
John J. Finney, District Attorney of the First
Judicial District of the State of Louisiana, who
in the name and by the authority of the said
State prosecutes in this behall, In proper per
son comes into the luperior Oriminal Court
for the parish of Orleans, in the parish
of Orleans, and gives the said court
here to understand and be informed that one
J. Madisoan Wells, one Thomas C. Anderson, one
G. Casanave and one Louie M. Kenner, late of
the parish of Orleans, on the fourth day of De
cember, in the year of our Lord one thousand
eight hundred and seventi-six, with force and
arms in the parish of Orleans aforesaid, and
within the jurisdiction of tio Superior Criminal
Court for the parish of O. leans, did falsely and
feloniously utter and publish as true a certala
altered, false, forged anrd counterfeited pablie
record, to wi : "The returns from the parish of
Vernon of an election held otr presidential elee
torn in the State of Lousi-ina, on the seventh day
of November. A. D. 1876, under a writ of election
dated Sept. 16, A. D. 1876, ordering same and pur
suant to tlihe provisione of act No. 98, to regulate
the co duct and to maintain the freedom and
purity of elections, to prescribe the mo e of mak
ing returns thereof, to provide for the eleotion
of returning oftioers, and deaning their powers
and duties; to prescribe the mode of entering
on the rolls of the Senate and H use of Repre
sentatives, and to enforce article 103 of the
constitution, approved November 20th, A. D.
1872;" and which said public record was falsely
and feloniously faalsfied, forged and counter
feited, by adding one hundred and seventy-eight
votes to the number of votes actually cast then
and there for W. P. Kellogg, as Presidential Elec
tor at said election, and as ehoen by the original
returns of said election, made by the Supervisor
of Eteelion fr the parish of Vernon, and by
adding one hundred and seventy-eight votes to
the number of votes actually cast then and there
for J. H. Burch et ale.. as Presidential Electors
at said election, and by adding ore hundred and
seventy-eight votes to the vote actually cast, con
trary to the form of the statute of the State of
Louisiana in such case made and provided, and
against the peaceaned dignity of-thetLme.
Judge Whitaker, after Wells and Kenner werein
custody, ordere d the hail fixed at $5000, and Wells
and Kenner furniehed it, Jim Lewis going bond
for Kenner. Anderson and Casanave also fur
nished bond.
Return fromn Donaldsonville.
Thursday morning we had the pleasure of wel
coming back to the city, from their Fourth of
July excursion to Donaldsonvrl.e, our brave boys
of the Wastlington Artillery and Continental
Guards.
Few appeared to be the worse for the trip;
on the contrary, the effects of fatigue and the
"shadowed lihvery .f the burnished sun" added
tone and character to their martial bearing.
All report that they were treated with princely
generesity and sumptuousness by the Donald
sonville Cannoneers and the people of that
town. Never was a Fourth of July better
celebrated and enjoyed, and each man bears in
his memory in grateful and hopeful remem
brance the toast that was drained as customary
on the occasion, " Many returns of the day I"
I.ewers' Elections.
At the annual meeting of the Hope Bowing
Club held on Tuesday evening the following offi
cers were elected for the ensuing year:
Pat. Walsh, President; John Osanarva, Vice
President; M. OCarey Treasurer; H. G. Bu 'khardt,
Secretary; John McNulty, Captain; Tom McGrath,
Lieutenant.
Members on Governing 'montittee-T. H.
Webb, A. IR. Moulin and Joe. Forster.
Delegates to Louisiana State Rowing Assoiea
tion-T. H. Webb, P. Walsh and H. G. Bm khardt.
Short Items.
Jacob Lambert was found in the Fair Ground.
Wednesday night drunk and insensbie, and havm
ing been robbed of hat coat and shoes. 1s
was taken to the Subn ban Station and give
lodgings for the night. Three shirt buttons, bff
cents, three keys and a p3cketkaile is all the
thieves had left him.
Julius Levy, charged by John Lewis with steal
ing four pocket knives; Mooney Murray, accused
by George Samuel with petty larceny, and Robert
Reed, woo is said to have stolen some clothes
valued at t4, were locked up Wednesday night.
A coal oil lamp exploded at No. 890 Baronne
street, Wednesday night, and set fire to the fur
niture of the occupant of the place, Franoisco
Vauazzi, which was damaged to the amount of
$75. ~he police extinguished the flames without
necessitating an alarm.
A buggy and a soda water cart collided on
Broad, near Dumaine street, Wednesday night.
the ccunpant of the buggy was thrown out and
one of the wheels of his vehicle smashed.
Burglary is the charge booked against Aloes
Dupas, alias Sonny Dunao , who was arrested
Wednesday by Sergeant Ryan and looked up in
the First Iecinc Stastiou,
Anderson Taylor, a eteamboatmmn, was ar
i red Wednescav night aid incarcerated in the
Oent:al S'a''iP, He is sacq.ted by Sergeant Rtyan
of entering the warehouse of Barstow & Deeves
on the night of June 1 and stealing a lot of
hams.
One pistol, a city directory and a forty foot tape
line were stolen Thursday mornmg from the rest
dence of J. L. Evans, corner of Julia and Lib
erty streets. No c:ue to the thief.
Lonie Young, a Chinaman, for peddling with
out a license, was pulled into the Central Sta
tion frb.tm the corner of Front and Poydrr
streets.
Last evening, : little boy named John Gibsobl
aged two years s0d ar.o. mouths, fell from a sec
ond-story gallery of a house on Melpomene
street and was sertonsly iltj,red.
TlHE COURTS.
serond Dnltr.ct od'it*t.
The succession of Benjamin Weil was opened
in this court yesterday. Solomon and Eugene
Stern pray to be emancipated.
Fourth District Court.
State ex rel. H B. boarse vs. the Hebrew Oc
gregation Dispersed or Judab.-Defendant tles
an exception and plea of jurisdcltion, represent
mn that thb court has no jurisdiction in reli
gionus matters. Exception and plea maintained.
Suit dismissed at plaintiffs costs.
Fifth District Court.
The old Board of Supervisors of the Louisiana
Mechanical and Agricul oral College have filed
a petition asking for an i, junction to restrain the
Auditor and Treasurer of the State from audit
ing or paslng any warrants to the new Board re
cently appointed, lor interest due on bonds held
by them.
Supertor Criminal Court.
At 11:20 the Grand Jury entered court and,
after tuey had answered to their names, retired
to their rooms.
The Jetties.
PoRT FADs, July 5, 1877.
Editor Democro7-ThO Cromwell steamship
New Orleans, with a full cargo and a large
number of passengers, went to sea through
South Pass without detention this afternoon.
Her draft was 15 feet 4 inches, and at the time
she passed out, 3 p. m., the tide had fallen
one foot three inches, thus clearly demon
strating that a ship drawing 19feet 7'inches, if
under the guidance of a pilot familiar with
the jetty channel, could go to sea without de
tention at high tide. The New Orleans was
piloted by Capt. Francis, who has for the
past four months taken all of the Cromwell
and Morgan steamers through the jetties,
and at all times, without referenoe to the
height of tide "at the time of their arrival.
JAs. ADRBEWS.