LCV Spring 2013 - (Page 28)
LOUISIANA RESEARCH COLLECTION, TULANE UNIVERSITY
In 1892, The Mascot suggested that the “necessary
evil” of prostitution should be relegated to a
regulated district in New Orleans. The legalized redlight district of Storyville was established in 1897.
the injunction. On May 4, 1882, spectators packed the
courthouse not only to see how the trial played out, but to
witness their former governor, Francis Nicholls, defend
the controversial journalists. Nicholls argued that the
injunction was in direct violation of the U.S. Constitution.
The Van Benthuysens’ attorney, J. M. Bonner, contended
that the only way to preserve the liberty of the press was
to destroy its depravity. During the trial, Nicholls
repeatedly asked to have the case moved, dismissed or
tried by jury, but all of his motions were rejected. Sensing
the unfavorable outcome, when it came time for The
Mascot to offer testimony, Nicholls announced that since
he did not recognize the court’s jurisdiction in the matter,
he had none to offer. Judge Frank Monroe found The
Mascot’s editors guilty of contempt and sentenced them to
ten days in jail.
As men of means, Bossier, Osmond and Livesey
enjoyed everything except freedom in jail. They
entertained visitors, ordered meals and received a bouquet
of flowers from a ladies’ group for their bravery in
upholding the freedom of the press. Nicholls appealed to
the state Supreme Court, which overturned the lower
court decision. The justices complimented the lower court
judges on their zealousness but chastised them for
neglecting to inform themselves of the law. Released early
from jail, the editors celebrated in expected fashion in the
next issue of The Mascot by lambasting the lower court
judges, the opposing attorney, rival newspapers and, of
course, Van Benthuysen. Their readership shot up.
The Mascot grew in popularity and incited more
assaults. Commissioner of Public Works John Fitzpatrick
and two of his friends attacked Osmond in a bar.
Competing newsman Richard Weightman repeatedly
struck Osmond with a stick. A City Hall employee beat a
28 LOUISIANA ENDOWMENT FOR THE HUMANITIES • Spring 2013
Mascot reporter. Livesey fought
another duel with the son of
Supreme Court Justice Robert Todd
before he ultimately succumbed to
consumption in March 1884. A
“tottering” freelance writer,
suffering from the late stages of
syphilis, was punched and kicked
on Canal Street for his suspected
connection to the newspaper. But it
would be another two years until
guns were again brandished in The
Mascot’s office, and this time by
public officials.
SMOKING GUNS
State Tax Collector James
Houston and Registrar of Voters
Robert Brewster had many things
in common. Aside from being
friends, they both had served as
criminal sheriff of Orleans Parish.
During Houston’s tenure in 1871,
he shot unarmed “desperado” Arthur Guerin in the back
for refusing to remove his hat in the courtroom. Claiming
self-defense, Houston was acquitted of murder. In
December 1883, during the race for governor, Brewster,
Houston and other public officials stormed New Orleans’
Sixth Ward voting station, where a man from the Seventh
Ward repeatedly tried to vote. Houston and Brewster were
campaigning for incumbent governor Samuel D. McEnery
and argued that the Seventh Ward man (also a McEnery
man) should be allowed to vote despite his ineligibility. A
fight broke out, as did guns, and in less than a minute an
estimated 50 to 60 bullets were fired. When the smoke
cleared, more than a dozen men were injured and four
were dead, including Michal J. Fortier, who many
eyewitnesses stated died by the hand of Houston.
Acknowledging he shot Fortier, Houston claimed selfdefense a second time, even though it was discovered that
Fortier had never fired a shot. Houston, Brewster and
others were arrested. Brewster continued his duties as
criminal sheriff from his jail cell. When the indictments
were handed out, it was Brewster’s brother John who was
charged with Fortier’s murder. With a lack of evidence
(and many still maintaining that it was Houston who
killed Fortier), John Brewster was acquitted of murder.
Houston was charged with carrying a concealed weapon
and fined $25. The Mascot nicknamed Houston “Revolver
Jimmy” for his tendency to solve feuds with a gun and
“The Bandit King” for his unscrupulous methods in
securing votes.
The Mascot featured a weekly gossip column under the
title of “Bridget Magee’s Society Notes,” the scandalous
news supposedly written by an “Irish woman” in a heavy
brogue dialect. On January 10, 1885, “Bridget” wrote that
Houston’s brother, Judge William Houston of the Civil
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