The New Orleans daily Democrat. [volume], December 22, 1877, Page 8, Image 8

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

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MURR1AL xIEmS.
A NIut urVAA o 1e T n AUATeD.
ghte Ma& r, In adt ord with the Chief of Pollo.,
&M rujolved to prevent the disoharge of frearms
hing the blhdays, and will laue hi proolam
e lIbliroghi the people that the ordinance rela
-- t4o the discharge of lrearrms within the olty
tmll will be rigidly enforced. The arrest of old
ald young caught in the act of disobhraing ph1
ol or guns, whether loaded with blank cartridge
r balll wll entail a oonfllostion of the firearm.
e are assured by Ohief Borlan that he es deter
Mined to put a stop to a praotice which is fraught
with danger, and is too frequently taken as an
.oUNe to commit misohief.
A ISAPPl. IIBNSION.
Mr. J. B. Laurent, who says he is a practical
gardener, has addressed a note to the Mayor, in
whloh he proposes to make certain lmprovements
to the City Park on the Metairie Bldge, on oondi.
ton that he shall have exolusive control of the
ark for fifteen years, the city to pay him $10,000
elth and iW00O semi-annually thereafter, until the
wum of 85,( 00 shall have been paid up. The
Park, meanwhile, is to be open to the publio.
Mr, Laurent entirely misconstruee the lIten
Aoas0 of the city admilistration. The otity does
mot propose to spend any money on the ioty
M atrs, but if Mr. Laurent wishes to offer to lease
ise park referred to, and pay the oity thirty-five
thousand dollars for a lease of fteen years, and
make the Improvements he mentions, such a
_ positlon may be consldered by the oity authori
AWOTHIE BI3 SUIT.
It il reported at the Oity Hall that Major E. &.
3arko proposes to institute legal proceedings
agantet Mr. Thos. Layton, president, and the dl
n Y of the Southern Bank, olaiming one bun
dred thousand dollars damages for the sotion of
bi. ak in preventing the cancellatlon of Major
'ltSe' bond as Adminisoltrator of Improvements
r g the years 1875 and 1874.
ON TEI OTHIUE AND
'e understand that the Mayor and City Adminis.
tentors were yesterday put in mind by the attor
mgs representing the old consolidated city bond
lliern of the propriety of levying the speoial
bs required by the celebrated thrtyeeventh
(tedton of the consolidated not of 1851, to be as
pooed l January nexst, and that it was Intimated
to those oftflrs that in default of easuch aess
#Let their official suretiee will be held respon.
'Tea LAST MXPLabOION.
ileenn Day's Investter tlen-OplnlonM as
to the Cause of the Bxplosten.
The Board of Local Inspeotors (steamboat)
mett again yesterday, pursuant to adjournment
S0. . Watson, first engineer of the Lessle Tay
Ie-, was the first witness examined. He testified
Stat he had been by professlon an engineer for
the past forty years, and was on the Lesele Tay
tr at Uti time of the exploelon. The inspector,
i, Mofrett, came on board a little after one
loloek and asked him if he was ready for a test;
hltmes ansmwered yes; attempted to
START T.E "DOOTOa"
o.test the main boilers, but the stem on the
4Aotile valve stripped and we then worked a
Wivbt Ua nest of valves on the drum. I went
-OhSl the drum to the doctor boiler and tried the
Witter, finding plenty, everything being open
*a doors and fine caps. At this time there was
one hundred and five pounds of steam on the
mkelt boiler gauge, whioh was ten pounds
light, I was standing at the nest of valves be
Sreferred to, after having left the donkey
oler, when the second engineer of the Big San.
.Sower ome up and relieved me at the valve.
Witness then went to the steam gauge of the
boat and the pressure (hydrostatio) was ran up
to 0S pounds onithe inspector's gange and ours,
*oth oraresponding, as near as I know; the in
o allng out to "stop," whihob was done. I
Shea went forward and looked at the inspector's
aag there being still 910 pounds on the gauge.
nhe second engineer of the Big Sunflower and
Xr. D, G. Mo0an remarked to me how well
SHE HOLDS BEU Prauran.
I then walked into the coal box forward where
the Inspector was. While in the coal box I called
out to the fireman whom I had paced at the
donkey boiler to try the water In the donkey
holler, and I heard the esame tried, and there was
mlenty. I then looked at the donkey boiler
geage, whlh I oonld see from my position and
aw that there was 85 pounds of steam, and told
m that we did not want any more than 70
psounds. Witness then went down alongside of
te Inspector, who was standing at the fre doors
of the main boilers. He wanted a few stclks in
the furnace moved to one side, and I called an
other freman and had It done. Mr. Moffet and
myself stooped down and looked under the main
boilers. I remarked to Mr. Moffet that there was
met a leak to be seen. Mr. Mofet then called for
she torch at the after end of the farnace. The
torch was put in at the starboard draft door, and
Iua"hed over to the larboard draft door, and Just
na the donkey boiler exploded, and I knew no
moe. To the bestformy knowledge,-the donkey
holler was new when the boat came out and
er gaver g me any trouble. I cannot say that I
know the cause of the explosion, nor can I
assign one.
There was no extra weight
ON THm S9AET atY VL
of the donkey boiler, to my knowledge.' When I
was on the top of the bolers I went over to the
tafety valve of the donkey boiler and found it
free. When the inspector came aboard I had
made all my arrangements for him to go to work
sad everything was in good order. I had placed
my men in their proper places
a. P. Buchhol was called anxt Ias been an
.ugineer for thirty yenta. 'iem examined the
p be p;esented, and was of the opinion that
1* `had been burned. His opinion was that the
water was low and the hotin surface exposed to
the action of the fire, henoe oause of the ex
loseon. Was satisfied that the donkey boiler of
e else of the one which exploded on the Leessle
Taylor would be perfectly safe in fair usage
wrrs 150 rouxun or svara.
Wilson Youngblood sworn-Was an engineer
by profession, and had been first engineer twenty
yeare; had been on boats with donkey boilers
ever since they have been in use. Always oon
-ddered that the "donkey" was under my charge
ts much so as though there were no inspectore
aM board, and never heard or supposed that the
'bpec'or was required to give the donkey boiler
-ls attention while inspecting the main boilers.
Have known Mr. J. A. Moffett ever since he has
ieen a boiler inspector; consider him as com.
p-tent, careful and capable man as ever had any
thng to do with steam. Have known Mr. Watson,
-he engineer of the Lesle Taylor, fifteen years,
end have always oonsidered him a good engineer.
After a careful examination of the sample of iron
abown me here I am of the opinion that it has
b*m good
BUvT soXEWNAT oOonon;
-nhould judge that it would take over 150 pounds
s- eteam to explode it. I am of the opinion that
,n changing sesistant engineers and both remain
kog to assist in inspection that the disciplime
would not be as complete as though one was
resent.
*Adourned until to-day.
TIE LOUISIANA LOTTERY WAR.
-:save C. Jaonston Applies for a Writ of
giabeas Corpus Beforee Judge Wltaker.
..s will be seen by the proceedinge before the
u Munioipal Court, it appears the Louisiana
r war is again re-opened. Dave h John
a ho was arrested for selling or bartering a
qm i device of the Louisiana Lottery, filed
a pps l pphaltion for a writ of habeas or
'a" b o im the superior ri.mdnal Court. The
Sthat he is illegally imprisoned
by Jas. D. Hoasten, Orimi
parish, by vlrms of a certainal
tlt e.i "bade by oBe. 6. ., L Bth,
Itdge of the Wirst lorder' Ooart; eaders
Doe etber 91, wAleb order was given n a pro
eeoding before Jldge Smith against Johnten,
for dispoeing to one Daniel Turner of a ticket in
the lottery without Ithe consent of the company.
The petition sets forth that the imprisonment
is Wlleasl for this :
*-I. The tob set fOrth in the affdavit and in
the mittimus are not sufficient in law to consti
tuate an offense under the provisions of the sot
No. 9 of 1874, under which said proceedings were
had.
2. The affidavit and mittimne ae vague and
uncertain, and do not set forth the preoise of.
fense which as required by law.
8. secause the said court was without const-.
tutional jurisdiction in the case.
4. Because the General Assembly had
NO OoNSTITUITIONAL POWUt
to confer jurisdiotion on the jadge of the First
Recorder's Court of the city of New Orleans to
try the offense charged.
5. That the said act No. 9 Is unconstitutional,
null and void, for the followinog reasons:
That the act violates article 94 of the constitu
tion of the State in so far as it attempts to confer
judicial power on said court to try and punish
the offense therein stated.
That the aot denies the right of trial by jury
for a Ptate offense, contrary to the constltunon
of the State and of the United States.
The statute is partial and unjust into its apples
tion in violation of artcle 2 of the State constitu
lion.
That the act in so far as it authorisae the Lot
tery Company
To RXAUT A LtOICERN
or grant a permit to sell tickets, or do a lottery
business in any form in this State Is an attempt
to delegate the sovereign police power of the
State, and is, therefore, unoonstitutional.
That the Lottery Company chartered by oat of
the Legislature of 1888 is the trustee of the
State for the purpose of carrying out the public
policy of the State in the matter of lotteries and
the sale of lottery tickets, and is without power
to
DELNOATI ITS AUTHORITY,
or to part with its franchises to any other com
pany or person.
That the general law of the State (act No. 25,
1868) prohibits all lotteries except that of the
Louisiana Company, and it is not constitutionally
competent for the Legislature to suspend this
generel law and make an exception thereto in
favor of any person.
That the evidence in the oase did not support
the charge, which was admitted, although ob.
looted to.
Last night Johnston was brought into court,
and his counsel, Ohas. S. Rice, Esq., and R.
Hutchinson. Esq., soon followed. Judge G. H.
Branghn represented the sheriff. After the read
Ing of the pleadings by Mr. Hutchinson and
A eTATSMNrT or TEa POINTS INVOLVED,
Judge Whitaker asked to have the mittimue
read, after which be stated that so far as the
constitutional points were concerned they had
been passed upon by some give or si of our
courts, and he did not feel inolined to pass upon
them at that time. He would hear the case so
far as it referred to the question of jurisdiction
of the court by which the relator had been com
mitted, and the
FORK OF TI MIrrrTTIeU
Mr. Hutchinson then arguea that inasmuoh as
the mittimue in its allegation of the crime the
prisoner stood charged with read "sell, or barter
or transfer," the use of the word "or" was not
correct under the law, a it should have been
"sell and barter," etc.
Judge Whitaker ruled that the mitimus fol
lowed the statute exactly and was correct. He
said that he had released the relator before,
because the mittimus did not set forth any crime
under the statutes, but the present commitment
weeas correct.
0. 8. Rioe, Rsq., then stated to the court that
lihe thought, in justice to his client, there should
be a presentation of the oonstitutional points in
volvedn the-ease. He recognised the lot that
the constitutionality of the lottery eot
HAD I3BEN PASSED UPON'
very frequently but he had just learned that
som judges had rendered adverse judgments on
the question, and he would like to arguas it.
SJudg Braugha stated that one udge only had
decided against the constitutionaltlly of the act
(Judge Saucier), but subsequently had refused to
entertain appllctions for writs before him.
Mr. BlRe then said that there was a question as
to the jurisdiction of the magistrates' courts over
offenses under State laws. He urged the right of
TIIAL BY JURY,
The magistrates had jurisdtotion only in aouos of
violation of oity ordinances, and the State could
not make thes. The charge was that of violat
ing a State law, and hence a trial by jury should
have been allowed..
The judge stated that he was satiefied as to
the constitutionality of the lottery act, and as to
the point of jury trial he thought the State
having the power to grant the city a charter, a
the creator of the city, had the rlght to pass ordi
nances for its police regulation. In the slaughter
house case this was settled after able argument
on both sides. In conclusion he said that he
must refuse the writ and remand the prisoner.
TEE DIFFICULTY IN COURT.
From the attorney who rwas a party to the
fracas in the Fifth Distriot Court on Wednesday,
we learn that our mention of the affair was inao
curate in several respects. The gentleman who
made the assault, he informs us, was not a wit
ness, but the plaintiff in a suit for damages
brought against a lady who had procured a true
billagainst him for perjury by the Grand Jury.
The attorney representing the defendant had
been arguing an exception, but seeing that it
was about to be overruled, he asked permission
of the yourt to filea plea of justification that be
might introduce evidence to prove that a perjury
had been committed. Statements of parties pres
ent differ as to the language of the attorney. At
all events, it was here that offense was taken,
and an assault made by the party that felt him
self aggrieved. and he and the attorney grappled,
and while tussling on the floor, the attorney on
top, they were separated by the bystanders. The
attorney asserts and insists that he did not insult
the opposite party, and that he was not struck,
as stated in the papers. A blow was made at him,
which he avoided and then grappled with his
adversary with the result as above stated.
THE CASE OF TiE ISABEL.
The case of Henry Ellermann, lessee of the
wharves, against James T.l'Pry and the coast
packet Isabel, for $2068 77 wharfage, was on
trial in the Fifth District Court on Thursday, and
is now held under advisement by Judge Rogers.
The collection of these dues is resisted under
act 145 of 1874, exempting during a period of
seven years after construction from all wharfage
dues all vessels constructed on this State. The
qusetion before the court is what constitutes the
construction of a vessel, within the meaning aid
intent of the law, that will exempt It from wharf
age. The case is an impor ant one to the steam
boat interests, as the decision will affect the
Martha and several other vessels it is claimed
were built in this 8tate.
PERSONAL.
Mr. A. 8. Kelley, the secretary of Kelley's
Island Wine Company, of Kelley's Island, Ohio,
is now with his family on a visit to this city, and
is the guest of our friend, Mr. H. B. Shropshlre.
The Kelley Island wine "needs no bush," neither
does Mr. Kelley and therefore we say nothing in
his praise, but bespeak for him a kindly recep
tion at the hands of our citizens.
WEATHER AND RIVERS.
Frigerio's observations, as reported especially
for the DEMOCnAT, places the rain fall of Thurs
day night at ly, inches, and that of yesterday at
1-10 of an icoh; also that the lowest temperature
on Thursday night was 59 degrees above zero,
and the variations yesterday from 62 to 78.
The Signal Service telegrams report but little
change yesterday in the North or West, either in
weather or rivers.
The Siberian newspapers complain of the
large number of convicts sent to their coun
"try. The chief population of the towns be
long to that objectionable class.
Er-Gov. John L. Manninr has been nomi
nated to lill a vacancy in the South Carolina
Statoe mate.
CAPITOL GOSSIP.
THE TAX COLLXCTORE FLOCKING IN
WITH THMIE FINAL SETTLE
MENTS.
Gen. MeMillen Will i ltsin fIY-tOest In
the House.
Up to date thirty-six tax collectors have proe
sented their final settlements at the Auditor's
omoe for the current year, each one showing by
his aoconuts that the collections for the current
year have greatly exceeded the anticipations of
even the most sanguine, and the very small de
linquent lists showing the willingness of the
people of the 8tste to support the government
OF THEIR OWN SELECTION.
even after experiencing years of burdensome
taxation.
In the opinion of the State efflioial the prompt
payment, even with reduced taxation, will be
ample bow and for years to come to meet prompt
ly the interest upon the indebtedness of the
State, and will also enable the State
to invest gradualy in internal improve
ments, such as the construction of school build
ings in the parishes, a feature which, by the way,
will be fully set forth in the annual report of the
Superintendent of Public Eduoation.
The Governor wasexpeoted to return to the oily
night, from his
TRIP TO AMOUMPTI',N,
and on Saturday will doubtless call a meeting of
the State Board of Engineers to award the oon
traMte for several levees.
It is stated upon the best authority, that Ges.
Mollillen will lender to the Governor during the
next few days his resignation as a member of
the House of Representasives from Carroll par
ish, but whether in time to call a new election or
not is not stated.
NOT CANDIDATES.
We are requested by Mr. Wm. Fagan to State
that he is not a candidate for the tenate at the
forthcoming election.
Oapt. W. H. Manning also states that he is not
a candidate for the Senate, and whoever tendered
his name as a candidate, did it without his au
thority.
AMUSEMENTS.
THE OPERA.
The grand reception on Esplanade street sil
Thursday night was probably the main cause of
the comparative slimness of the audience at the
opera last evening to see the Pappenheim troupe
in Gounod's exquisite opera of "Faust," for we
missed many pretty faces who must have in
dulged in the festivities of the reunion until
smoh a late hour that their weary fragile forms
sought repose last evening in refreshing
sleep. We regret that the house was
not crowded, for the performance wase for
the benefit of Miss Pappenheim, who has
certainly merited a high compliment on the part
of our opera-going public. Howbeit, the attend.
ance was enthsiastie, and the firal offerings to
the prima donna were liberaL
Mr. Van Huftlen and Mr. Tagliapletra shared
the honors of the evenlng with the beneficiary,
b-th singing and acting their parts with unusual
taste and effect. Mr. Adams was lboring under
a very bad cold, a oiroumetanoe which marred the
general r fleot of the entertainment.
We have, however, only compliments to ad.
dress to Mr. Adams, for, noder the same olroum.
stances, any tenor would have been justified in
refusing to sing. But Mr- Adams lI as cour
ageous and consolentlous as he is a good singer,
and rather than oaunse a postponement, went
through his part heroically.
The performance was enlivened by apas spru
by Mile. Menselll, which she danced with grace
and oarrectness.
The Pappenheim troupe give their farewell
opera performance to-day at the matinee, when
Donizetti's "Lucia" will be sung.
THE OnATOnlO.
In conjunction w th the Pappenheim-Philhar.
moeno Society the Pappenheim Opera Company
will to-night sing Mendelesohn'e oratorio of
"Elijah," under the able leadership of Mr. Max
Maretsek. The general admission to tbe Opera
House will be 81, with fifty cents added for extra
seats.
"Le Petit orsalre" will be produced again at the
matinee to-day and at night, for the last time at
the Academy. On Sunday, "Humpty Dumply."
OOLONEL CELLEaS.
We have purposely omitted to speak in detail
of the members of John T. Raymond's combina
lion as we found them in "Risks." The reason
is obvious: The play is as bad as bad can be, and
it would have been heartless to judge the merits
of the company in such a play. We are glad of
this omission, for last night we had the opportu
nity of seeing the leading members of the com
pany to far better advantage in "There's
Millions in It." Raymond was the same
Colonel Sellers that we have seen during
the two preceding seasons. Mr. Morton
made a very acceptable George Sibley, and the
Laura Hawkins of Miss Emily Barker evidenced
that this lady possesses emotional qualities of a
good order. The part of the prosecuting lawyer
in the trial scene was well interpreted by Mr.
Hastings,who is an actor of no mean pretensions.
"There's a Millions in It" will be repeated for the
last time to-night. The usual matinee will take
place at noon.
For Christmas week we are to be treated to
another play from the pen of the chaste writer of
"Pygmalion and Oalatea." entitled *Daniel
Druoe." Remember that "Dollie Druce" and a
few car loads of toys will be given to the visitors
to the Varieties on Christmas at the matinee per
formanoe.
ST. MICHAEL'S HALL.
The pupi's of Mrs. A. Blake will give their
secondcomplmentary exhibition at St. Michael's
Hall, Annoooniation tquare, on Friday evening,
Deoember 281h. The exhibition will be under
the patronage of His Gra:e Archbishop Perohe.
THE EUTERPEAN SOCIETY.
Last night the Euterpean Musical Society gave
a fine entertainment at Grunewald Hall. The
evening began with a concert which was admira
bly executed under the dire "on of Prof. F.
ohaffter, Jr. Many leading mateurs, charm
ing ladies and talented gentlemen interpreted
with taste and accuracy the music of the great
composers to the delight of a large and appreoia
tive audience. Afta r the a nging all hands j in
ed in the merry dance,jto which enjoyment we
left them at a late hour.
A PLEASANT REMINDER.
A pleasant reminder in the shape of wedding
oake with the compliments of Mr. and Mrs. C.
M. DeOCamp, urges us to sincere wishes of happi
or es and prosperity to the charming couple.
Our young friend DeOamp has entered a new life
for which his amiable rleposition and manly
qualities essentially fit him.
EREVITIEa.
The Golden Bell C.ub give their first complI
mentary soiree at the Crescent Hall, corner St.
Andrew and Magazine streets, on Saturday, the
221 inst.
We thank the boys of Pelican Hook and Ladder
Company for an invitation to a tend the grand
fanov dress ball that is to come off to-night at
Odd Fellows' Hall.
We yee'erday had the pleasure of witnessing
the weekly exerciste of the boys of the Central
High School. They did splendidly and refieoted
much credit upon their prefessors.
We have received an invitation to attend the
grand holiday ball which is to b - given on datur
ban. the 29ih inst., at D. 8. O. B. Hall, for the
b neft of Aecendio.i Hook and Ladder Company
No. 1 of Donaldsonville.
E. E. S uith, the colored letter carrier, indicted
in 1875 tor robbing letters, and who jumped his
bond, was gebbied up by Deputy U.ittd diatee
Marshal Steele on Thured ,y, and on yesterday
was o~ mmuted to the Hotel Honuston for est.
keeping.
A government oifoial says that the tobasoco
ase, one of the old ones, ceided by the jury in
the Unled States Cireuit Court on T'hursday, in
vrlvrs 6,.000, and that it establihee a precedent
which wril probably deide all of the old tobsooo
gases in the same way.
Davis Lookhart is in the Second Stationl
charged with assault med battery upon his wife.
Bobert Cohen a olerk ura run into the Sixth
Station, charged with belal drunk and carrying
a concealed weapon, to wit: a revolver.
Nelson BShepherd, for assault and battery on
Dr. Bertrand's child, was yesterday sent before
the First District Court, under bonds of $250.
James Tommoty, charged with the grave offense
of rape upon his niece, was some time ago hon
orably discharged by Judge Mlltenberger.
Stella Evans, with peculiar agility, waded into
Mrs. Madura with a walking stick, and for the
offense is occupying a cell in the Central Station
on a charge of assault and battery.
A charge of stealing chickens holds Henry
Humborg a prisoner in the Second Oalaboose.
Matt. and Mike Coleman and Joe Sanders Are In
on a like charge.
A negro named Joseph Maresy was carelessly
handling a pistol at the corner of Dryades and
Gravier streets, when the weapon exploded and
shot him in the hand.
A detective yesterday arrived in this city from
Philadelphia to take Fred Baxter, who was ar
rested on the 171h inst., by Aide Peoora and
MoDonogh, to the scene of his crime.
Chas. Usher, charged with assaulting and
wounding Mary O~car with a pocket knife, was
yesterday sent before the First District Court,
under bonds of $250, by tecorder Smith.,
Martin Montgomery assaulted and battered
Ann Anderson, and a jury will deoide his case, as
he was Friday sent before the First District
Court by Recorder Smith, under $250 bonds.
Owing to the heavy wind and rain Thursday
the lake water backed up the water in the New
Basin to such an extent that the bans weets over
flowed and the shell road in different places sub
imerged.
Stealing in the Poydras Market is the charge
which Officer Dailey preferred against Albert
Hennessey, when he run him into Ryan's Hotel.
What the accused stole the officer appears ignor
ant of, or rather he neglected to embody it in the
charge.
At about 3 o'clock Friday morning a fire that is
supposed to have been the work of an incendiary
was discovered in the frame building on Morales
street, between Independence and Poland. This
property, which was owned and occupied by
Ohas. Morton as a foundry, was damaged to the
extent of $1200; insured for $400 in the Teutonla
Insurance Company.
"Well, Pat," said Judge Smith, "you are
charged with being drunk." "Yes, your bonor, I
have been on a solid drunk for three days." "You
have, barve you; then von will have to pay $2 50
or go to prison five days." "You say I must pay
92 50 or go to prison. Well, it ill! just take me
five days to sober up; se I wdll keep my money in
my pocket and go down for five days."
Sent Down.
John I?. Boehler, Jr., charged by Mr. John
tangles, president of the New Orleans Sanitary
Excavating Comi-any, with breach of trust and
embezzlement of funds to the amount of $1000,
came up before Recorder Smith on a preliminary
examination. The evidence being conclusive the
accused was sent before the BSuerior Oriminal
Court under bonds of $2500. Boehler could not
fornish the amount and went to the Parish
Prison.
He Tried to Axe His Wife.
Wm. Knuckley was tired of matrimonial bliss
and as Mrs. Knuokley weeas quite healthy and
showed no signs of an early departure fr m this
unhappy world, he yesterday seized an axe and
was in the act of sending her to heaven in time
for Ohristmas, when she rushed into the street
and called for help, which she immediately ob
tained, and the result was that her once beloved
William was landed in limbo in the Central Look
up.
Sergeant Ryan and Recorder Smith.
Chief Boylazi, acting upon a communication
from Sergeant Ed. Ryan, commanding the Cen
tral Btation, yesterday preferred charges agalnst
that offier before the honorable board of the
Crescent City Police, and based his charges on
the assertions reported to have been made by S.
J. N. Smith, Recorder of the First Municipal
Police Court.
This police court and police imbroglio will now
remain at a standstill until the board has de
cided the case.
Both judge and sergeant are rallying their
clans, and Will appear before the board
well supported. Sergeant Ryan has had
subp(enaed a number of gentlemen to testify to
his veracity as a man and officer.
Where this affair will end it Is pretty hard to
say.
Sergeant Rourke Explains.
In regard to the article published in yesterday
msrning's DeIOORAT, headed "Police, Where
Were They ?" in the river column, Sergeant J. 8.
Rourke, commanding the Haroor Station, called
at our office and made the following statement:
"That there was no demand made at his station
for police to disperse a crowd that had gathered
about the steamer W. J. Poitevent, lying at the
head of Oustomhouse street. In regard to not
being able to find any police officers on duty, is is
erroneous, as Officers Comfort and H. Clew were
on that beat up to 6 o'clock, and were relieved by
Officer Sage. Corporal Dwyer reported to me
that everything was quiet during the entire
night. It was Impoosible for the officers of the
boat to have repaired twice to the station for
police without being accommodated, for at 6
o'clock roll was being called, and this is the hour
that they alleged to have been there."
THE LOTTERY ACT.
Mr. David C. Johnson, obarged by Gaspard J.
SBobrieber, one of Chas. T. Howard's detectives,
with violating lottery act No. 9, session of 1874,
appeared yesterday before Recorder Smith on a
preliminary examination. Motion was made by
the attorney for the defense that the affidavit be
quashed, because it was incorrect and based upon
an unconstitntional law.
Judge Smith decided that he could not pass
upon the point of constitutionality of the law,
which had been passed upon before.
The evidence was then heard and ran as fol
lows:
DANIEE TURNEB.
On the first Saturday in this month I was stand
ing at thecorner of Gravier and Magazine streets.
when a young man came to me and said: "I
heard that you were lucky playing lottery." I
asked him how he knew that. He said: "I heard
no;" and that he had no luck.
He then asked me if I would play for him, and
gave me a dollar. I told him that 1, 50, 12 and 8
were good numbers, and he took them himself on
a piece of paper.
I went to the office in Commercial Alley, and
saw a young man m there named Charlie. I
told him that I wanted to play these numbers.
He said I could not play them, but could bet.
He set them down, and I signed my name. I
touobed the nen. If two numbers came out I
was to win $2 60; if three came out I would get
$25. He did not give me a ticket or anything. I
kept the paper on which were the numbers my
self. If I saw them out on any of the boards. I
was to call on him and get my money; but as
none of them came out, I did not go around. I
can recollect the numbers.
The young man that came to me and asked me
to play for him came to me day before yesterday
and asked me to make affidavit against Mr. John
son, and if I did so he would give me $12. I
asked him what I would do that for; that I would
not, as I had already been discharged for that,
[meaning that he had been discharged as a wit
ness in a previous case against the accused.]
After hearing the above testimony Judge
Rmith sent the accused to the Parish Prison for
five days in default of $25 fine.
New American Sewing Machine, 185 Canal
street.
Great bargains this day at 12 o'clock m.
at th' St. C ,arles Auction rxchange in choice
city property, comprising stores and dwellings
situated in the First. Second. Toird. Fourth and
Sixth Districts of the city, and advertised pos
itively t, be sol I for succession and other ac
count by C, E.Girardey. auctioneer. The atten
tion !:f our reader- seeking safe and profitable
investment is specially invited. O.'portunities
of equal advantages are scarce and should not
be nelgi cted. See descriptive advertisements
and plans at sale for terms and full particulars.
The government of Columbia has made a
contract for $20,000,000 with an Englishman
for the construction of the Central railroad.
Panama, it is asserted, has promised a subsidy
of $25,000 per annum.
Khalil Sherif Pasea, late Turkish ambas
sador at Paris, who inherited 25,000,000 franca
from his father, hae last it all at gaming, and
has gone crazy.
A MlNSA@g O®1 1BrO i.
?he Presldent Will Greet CIMngreM With
a Message on this eWleet.
[N. Y. Tribune.]
WASHIWNTOw, Dec. 17.-The President's
special message on civil service reform will
be ready soon after the reassembling of (Con
gress. It will Inclose a report prepared at the
President's request by the civil service com
mission appointed by Gen. Grant, of which
Mr. Dorman B. Eaton is chairman. It will,
in addition, set forth at length the Presit
dent's views in regard to the dis
tribution of patronage. It will take
the position, it Is understood, that
Congress as well as the Executive, has been
rept.atedly instructed by national conven
tions and by conventions in nearly every
State on this subject; and it will insist that
the policy of the Administiation is simply an
attempt to carry out to the letter Instructions
given In advance by those who placed the
Republican party in power. The constitu
tional right of the Executive to originate
nominations will also be inalsted on. In short,
it is believed that the effect of the message
will be to give notice to the country and to
Congress that, whatever may be the attitude
of the Senate, the President has no thought
of abandoning the position he has taken.
.. . . - t4 .4. . ...
ol014 In the qes RManli.
ICalifornia Cor. of the Baltimore Hun. I
The auriferous black sands of the seashore
of Northern California have been dnscribed in
the Nun, and lately we described a machine
that was about being set up on the beach to
test the practic.bility of profitably extract
ing the exceedingly fine gold dust from the
sand. Every effort heretofore has been a
failure. There is gold enough in
those miles of ocean sand to pay
the national debt if this new process prove
successful; therefore, the report of this first
practlial test is of high national Importance.
The line concentrators, after a month's run,
gathered twenty tons of the sands well
cleansed of the lighter parts, which don t pay;
so much that the concentrated tonnage real
Ized $12,000, or $000 per ton. The cost of
working was $1300. Now machines are be
lng constructed, which at the same rate will
yield $50,000 a month at a cost of $4000.
Many attempt have for years past been made
along one hundred miles of coast to work
these shifting tidal sands without success.
Now a rush of pre-emptors is expected to
stake off claims on the shores of California
and Oregon. The sands extend under the
ocean far beyond low water. But overy tide
and every storm so shifts the paying points
that a claim rjoh to-day may to-morrow be
covered with barraen ards.a Novertheloss,
auriferous ocean sands may now n; con
sidered a new and permanent source of gold
preduction, rivaling and probably excelling
the great auriferous gravel deposits worked
by hydraulic washing. In both it is a ques
tion of cost in separating and gathering a
small per cent of gold dust from an imnmense
body of sand and gravel.
The Order of St. George.
The Order of St. ('eorge of the first class,
which the Czar has conferred on his brother
Michael for his victory over Moukhtar Pasha,
is so rarely given that none else except the
Emperor of Germany holds it. It was
created by Catherine II in 1769. There
are five classes. Only about twenty persens
have held the first class since its inaugura
tion. Among the foreign holders were
Wellington, Bernadotte, Blucher and Radet,
sky. Orders are very numerous in Russia.
The most ancient is the White Eagle, of Polish
origin. One order is exclusively confined to
ladles of high rank- the Order of St. Cather
ine, founded by Peter in 1719, in remembrance
of the courage and presence of mind evinced
by the Princess Catherine at the battle of
Pruth, against the Turks. There are two
classes -the great and small cross. The Em
prIss is tirand Mistress of the- Order.
The French Census.
The French census for 1876 is just published.
France is not increasing in population so fast
as her neighbors, but she is Increasing. In
1872 the total population was 86,102,921; in
1876 it was 36,99,788; an increase of over 800,
000. France has still 5,000,000 less than Ger
many; while she has only 3,250,000 more than
Great Britain, and 9,000,000 more than
Italy; and as we said her rate of increase is
much below that of her neighbors. Of the
increase only 140,000 is due to the surplus of
births over deaths; 250,000 is from immigra
tion, of which considerable is from Alsace
and Lorraine. The women are still in ex
cess of the men by about 100,000. There has
been a decrease in twenty departments; a
slight increase in sixty-seven. There is gen
erally an augmentation in manufacturing
districts.
Exile makes strange school fellows. The
London World says that the Prince Imperial
is a frequent visitor to the British Museum
and was seen there recently deeply absorbed
in the perusal of historical documents, while
sitting between two of the most noted Com
munists, who were quietly indulging them
selves in reading French novels.
----------.FO4--- -
Wolves are becoming so plentiful and
ravenous about River Falls, Wis., that the
heaviest sheep-raisers are selling off their
stcpk, and either emigrating or going out of
the business.
A large amount of wheat destined for Liv
erpool via New Orleans is coming into Du
buque.
BLACK GOODS
-AT THE
MOURNING STORE,
17..............Bourbon Street .............. 1
Anybody wishing to purchase a BLACK
DRESS will do well to call at the
MOURNING STORE,
where the PRICES ARE ABSOLUTELY LOW
ER than they have ever been for twenty years
in any market.
Let all customers bring with them SAMPLES
FOR COMPARISON, to satisfy themselves.
A. LABRY, Proprietor.
dels
GREAT REDUCTION
IN PRICE OF
LEA & PERRINS'
CELEBRATED
PRONOUNCED BY EXTRACT
of a LETTER from a
CONNOISSEURS MEDICAL OENTLE
MAN AT MADRAs to
TO BE THE his brother at
WORCESTER, May,
"ONLY G1O51.
Tell LEA & PEBBRRINS
SAUCE," -- that their Sauce is
b highly esteemed in
And applieablet -Idlia and is. in my
opinion, the most
_-EVERY VAIET palatable as well as
the most whole
some Sauce that is
DIs, Imade."
WORCE TERSHIRE SAUCE
Thus Giving the Consumer Not Only
the Best, butthe Most Econgmi
Oal SAUCE.
Signature on every bottle.
JOHN DUNCAN'S SONi,
tD Murray street and 1 Union. Square.
nos ly 1EW YORK.B,
J euepb AUWU5Wý
ret Brennan, widoW of John fl ys'V
IFTH DISThIOT noV1I~
parish of Orleans,
a writ of sezlure and sale to m
honorable the Fifth District OC fOu
ish of Orleans in the above enftitddl,
proceed to sell atui abli iOl MltR
chants and Auotfoneers' BW j .
street, between Canal and "lh ,
in the Second District ofthis tni o no
DA , January, 1876, at 12 o'doGK i., I
lowing descrie rr W o
A CEITAIN LO eO nt with
buildin .and improvements t erpofl |
FIid irst District of this oity, t Qiiat
bounded by Girod. Tohoupt
and Notre Dame streets, degnat
number eleven, and measyurs twent tV- >!Z
three inches front on Olrod street, tyr.f
feet two inches in the rear, ninet
inches four lines on the line of Iot nu turn
and ninety-five feat eight inches on the
lot number twelve. Being the ONme
the defendant herein acquired fiomunt
Hohnidelr, c.r act passed o te thlirty
of March, UHaer, before Hugh Madden, ito a no
tnry publib' in this city.
fMi4eod in the abov sulit.
Terms-Cash on the sot . f ANDY
Civil Sherlff of the Parish of Or .
de5 14 24 jii5
. H. Davis, Jr., vs. F. Forto and Th-Ies
Jorda.
T1OURTFI DISTRICT COURT FOB THE.PAR
ish. of Orleans, No. 44 379.-By vlre of
writ of flerl facias against 'rhoma Jord, to me
directed by the honorable the or O trit
O(urt for the parish of Orleans, in the abyv
antitled cause, 1 will proceed to sell dat puillq
auction, at the Merchants and Auctione
Ex,'hange. RIoyal street, between (nal an
Customhouse streets In the Second Distrit of
this city. oi SATURIJDAY. January 5, i8s, atit
o'clock mn., the following deseribed property, to
wit-
TWO CERTAIN LOTS OF GROUND. to
gathr with all the improvem nts thereon,
rights, ways, privileges and aspurtenancde
thereunto belonging or in anywlse a
pertaining. situated in the First DistrictJq t
city of New Orleans, formerly the Second n
clpnlity. In square bounded by Gravier, Dry
aulos. Common and Baronne streets, and des
ntedl as lots numbers three and four on pian
annexed to an act passed before D. L, 1e ay.
late a no'ary public in this cit on the twen
tieth of May, 1s40. Said lots adjoin each other
and mensure cacti twenty feet five inches front
on (ravler street by twenty feet six inche I
width in the rear, by a depth of one bundred
feet threo inches on the side lineoflot nube
four nearest to PIaronne street one hundred
feet flive inches two lines on the dividin line
lots nunimbtrz 'hrce and four, and one und
font seven inches four lines on the aide line
lot number three nearest to Dryadee street.
Seized in the above suit.
Terms-Cash on H. HAND.pot.
TII'MAS H. HANDY.
Civil Sheriff of the Parish of Orleans.
de1 14 24 ja6
reter Hramme vs. H. W. Farrow.
SIXTH DISTRICT COURT FOR THE PAR
l t sh of Orleans. No. se2-Brly virtue of a writ
of seizure anid sale, to me directed by the hono
able the Sixth District Court for the arish
of Orleans, in the above entitled cause. Io R
proceed to sell at public auction, at the Mer
chants and A uctioneers' Exchange, Royal street.
between Canal and Customhouse streets in the
Second District of this city, on TUESUAY, Jan
nary 15, 1875. at 12 o'clock m., the following der
scribed nro,,ertv, to wit
ALL THE flIGHT. TITLE AND INTERET
of the lefendlant heroin, being an une.lvid.
half part. in a certain It of ground, with all the
improvements thereon, situated in this parish.
on the right bank of the Mississippi river in
the tract of land adjoining, and comprising
Verret's canal, and designated as lot number
thirteen of the square number four, which is
bounded by Webster Avenue, Alix, Eliza a
Washington streets, as per plan drawn by J. A.
d'Hemeoourt, sutveyor, on the eighteenth of
Marceu, Iss, deprositd In the office of James
(Grahamn, late a rinotry public in this city; as
lot forms the corner of Eliza and Washington
streets and measures thirty-one feet nine
inches one Tine front on Washington street,-one
hundred and twenty-nine feet five inches two
lines in depth and front on Eliza street, and one
hundred and twenty-nine feet six inchep in
depth on the opposite side line. dividing it from
lot number fourteen. Being the same property
the defendant herein acquired by purab
jointly with Sampson Harrison, as per Ot a
fore Andrew Hero. Jr., notary public in th .
city., on the nineteenth of June, 1867.
Seized in the above suit.
Terms-Cash on the spot.
THOMAS H. ANDY.
Civil Sheriff of the Parish of Orleans.
del4 24 ja4 15
Mrs. Barbara Letten and Hler Nueban.v
Mrs. Mary Corlis. widow of Mumiord Perks.
IFTH DISTRICT COURT FOR THE PAR
Ish of Orleans. No. 8474.-By virtue of awrit
of seizure and sale, to me directed by the hon
orable the Fifth District Court for the parish of
Orleans, in the above entitled cause I win
proceed to sell at, public auction, at the Mer
chants and Auctioneers' Exchange, Ioyal
street, between Canal and Customhouse strecot
in the Sconid District of this city on SATUR
DAY. January r5. 1878, at 12 o'clock m., the
following deserlb 'd property, to wit
FIVE CERTAIN LOTS OF GROUND, to
gather with all the improvement% thereon,
rights, privileges. customs. sereltudes, ways
and appurtenances thereunto belonging, sa
uated in the Faubourg Avart, formerly city and
parish of .Jeffrson, now i8xth District of this
city, designated by the numbers one, two, three,
four and eighteen of aquare numlber thirty
eight, which is comprised within Chestnut.
Plaquenilnes. Dufossat and Sonlat streets, as
per plan made by Wm. Forshey. Surveyor, and
deposited in the offloe of C. C. Ladroyere, late
a notary public in this city, for referenee, whiah
said lots measure as follows, viz: Lot number
one, thirty feet.; lot number two thirty-onefeet,
and lots numbers three and four, each, thirty
two feet front on Chestnut street by one hun
dred and twelve feet in depth, and lot number
eighteen measures thirty-three feet four inches
front on Dufossat street by one hundred and
twenty-five feet in depth, and all between par
allel lines. American measure; being the same
propertv which the defendant herein acquired
by purchase from Torlmas F. -Walker, per act1
pas ed before JaImes W. Breedlove, late a nota
ry in and for the city and parish of Jefferson.
on the sixteenth day of May. 1866.
seized in the above suit.
Terms-Cash on the spot.
THOMAS H. HANDY.
Civil Sheriff of the Parish of Orleans.
des 14 24 jal
The City of New Orleans vs. Miss Vrginia.
Flory; same vs. Widow Louis Chauchon;
same vs. same; same vs. Mrs. Robert Dean;
same vs. Mrs. A. Dean; same vs. same.
'UPERIOR DISTRIiT COURT FOB THE
k parish of Orleans. Nos. 32.172, 35,072, 51,
60.220, 81,981 and 1055--By virtue of six writs of fe
facias, to me directed by the hunorable
Superior District C,urt for the parish of Or
leans, in the above entitled causes, foreity taxes
of 1870, 1871.1873, 1874.1875and 1876,I will prooeedto
sell at public auction at the Merchants ani. Aue.
tioneers' Exchange, Royal street. between Canal
and Customhouse streets in the Second Districe
of this city, on MONDAY, December 2, 1877. t
12 o'clock m., the following described property.
to wit
A CERTAIN PORTION OF GROUND. sit
uated in the Second District of this city, in
square number three hundred and twenty-two
bounded by Dumaine. St. Philip, Dorgenois
liocheblave streets, designated as lot nu
four, measuring thirty-seven feet front on
maine street by one hundred and seventy
feet in depth.
Seized in the above suits.
Terms cash on the spot.
THOMAS H. HANDY,
Civil Sheriff of the Parish of Oileo
no21 de4 24
Alfred Marebhand vs. Mrs. LA. A.
FIFTH DISTRICT COURT FOR THE PA
ish of Orleans, No. 2701-By virtue of a w
of flier facias, to me directed by the hono
the Fifth District Court for the parish of
leans, In the above entitled cause, I. will
ceed to sell at publice auetion, at the
chants and Auctio ears' Exehange, Royal str
between Canal and Customnouse streets in
Second District of this city, on SA2U
January f, 1l72. at 12 o'clock m., the folio
described ronertv. to wit
A d CGERTA PORTION OF GROUND,
uated, lying and being in the suburb Tr
in the Se-ond District of this city, in sq
bounded by St. Ann. Pri ur. Dumaine
Johnson atre- ts, and measurina, in
measure twenty-one feet one inch and.a
front on ,t Ann street by a depth between
allel lines of one hundred and ten feet;
with. all and sinaular, the buldings ad
provements thereon and the appu-te -
therof, and all the rih's, ways, servi
privileges and advantages thereunto bhlo
or in anywise appertaining. Being the .s
property which the defendiant herein anaul
by purchase from Joseph E. Mathleu, Ty
passed before James E. Fahery, notary peb
in this city, on the fourth of Januart. 1873, do
registered in the C nveyance omfe of this
in book one hundred, folio six hundred
nine.
Seized it the above suit
Terms-Cash on the spot,
TilOMAAS H. aANDY,
Civil Soerit of the O'rleh of Or
deoh1Aa jas