The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-02-08

cases which do not give rise 10 az rnvaed da" ages
the settled rule OF rndeuce 10 adb the
principle that the direct and immediate Re raj and
be aRe % into ea "e any
tavo' ded of trust has heen made in another stare.
erns him in the of the of the note
ny ~ not be nSS M S u
the slaves in Louisiana unes sshown that thu De tor
9th slave can be taken even na srr dea" on the at
Of the debtor Mihou the intervention Of judc al pro-
diet Of jury il viii not be sus aimed bv the Supreme
Cont although the intention of the jurors may be COM
MATHEW G. GAuLpEN rs ANGUS McPHAuL..... ftp.
peal from the Ninth District tonr. Parish of Poi"te
Coupee No. 1871 in the Supreme Court. EUsT1 G. j.
Per euriam: This is action the part Of plaintiff
ganst the defendant to the value OF save named
Aloer alleged 10 have his death in conseQu OF
the Illegal violent and unwaantable conduct Of he defend
ant IN atempting in with two other 10 seize
and carry on the said slave with several slaves be0nRng to
plaintiff while engaged at work yard near Port
Hudson. in the Parish of East Fecana The petition alleges
that said McPhaul with other The woodward
and carry away rIaips slaves and 50 frs hiened them
that Albert and several Others ran off and in attempting to
died the side and the Others from the fright and ia
The defendant. pleaded the eal issue,
In amend the dtien ant alleged that he had
deed Of By aid plaintiff g F,a e: Cooley Of
the said slaves for The and bsne Of ant to whom
virtue Of If atiorney fom aid Cooley TO dsttnasn
Tim kyson Or ON the
Of November s4s Thai aid slaves were zero ed from The
of his just ghts thereon under impression that they
oq dr.. mo- be seized under de- sf tn sr I'D s,,n
T. on The las one this apsa taken BY defend
stae .% wood Po he P.
Of East Feici where he had number Of slaves md
oa the The
ss,. Of II % On te il t Of s%Su
H. the defendant h honso ~ with Bu and Wiley
taking OF the -aul
which deed OF trus had been given by Gaulden under
testimony ea,ing to acts winch cons liue ih@ At:
tempt not very asnis nssmHeh as we inter from The
defendant and his came to take them The ,ayes an
nee the anii with the execution Of he slave Albeit
VIII, was found dead on The road side the direction o. his
sndsn Rs wood hss
other slaves had thus fled wee injured from e
Albert worth eight hunded dollars was young he my
the jury justified assessing he damages aimed
the plaintiff in consequence of his loss at eight hundred
We have not been able discover that the defendant
1d Of Of AMY and n. q
his s on the pemss a. thai Of e. attempt
q for the loss
Of the slave Albert obvious hat the Iemoe from
eto %t Of q
Albert, not reasonable cause which Gan be assigned 2.
defendant ended by the counsel for he plaintiff
power Of the pIaint to have stabhe the cause Of the
death of his slave beyond a,y doubt, by os mcsm
Of the slave show that hi body examined extern n.y.
but no medc. mar has given an opinion to me cause
tursl and nnsati- factory.
cumstance which give rise to aggravated damages and in
this class Of cases settled rule -four usprudence sd
natural and proxmate Of the act alone
f be taken orn into se the ia s Of
3, 24, 1904; Touier, Sec. 2s9) In proportion the
Infinitely, which
strong illustration. The alarm produced at the wood yard
flee from those Who attempted e take them but
entirely inadequate for their leaving their established
masters residence, We leave out Of that the
had pO5a
promRngs to save his propeTty from the grasp determined
slave Albert ever the defendant those who
pa s 5 a. the S ia sa and ws y the s
The view that We have taken OF the Of the death of
ali responsibility in Consequence thereof APPLIES to the hight
Of the pani claim damage produced by the fatigue of
But he pn also Claims damages e e and
the sS, the
;sa s asss Tsh ts
s nGs s1 pc of this & 10 sse
other part both the county Wilkinson stats Il M.ss
conveyed to Francis Cooley four slaves then being
& sonn s wbo e 1 Of % int
note for the OF eight hundred and ten dollars which
sisndani s 5s.ssr and due on the Isl March ss
To the Of this note the deed of
den shall not pay and discharge the said note when it be-
das n apa that e sd
in any one Of the newspapers in the town Of
aforesaid negro slaves viii satisfy and pay ali the
from the trustee in which he was fully empowered take
s o sS be
mentioned in the deed aforesaid" II appears that the de-
advice Of counsel who gave it as bis opinion that right
to seize the slaves in Louisiana identical with the
sSt an nff the
the Of the p ps %bes Is
dnee the note n nS OF which the L
endant or bearer nor OF its payment by either the
who was the endorse the plaintiff who was the maker
made on the plaintiff for the amount; -,
un e ae os1 e 6 In d H
States According to our law the defendant IN the execu
saves except ni HD provided the deed
The plaintiff having parted with the possession Of the
placed himself in default by the non.payment Of the note
when became due and he cannot be held to be in tina that
No court in Louisiana would permit the defendant TO take
have been establshed il follows therefore, that whateves
the rights Of the defendant have BEEN he has not made
March is5 Conning therefore our estimate Of the injury
the labor of his slaves the wood yard do feel
selves to the at higher S% "a,
jue have fallen applaud the intention with which their
vercs rendered does that the rules
which ought to have guided them in awarding damages.
were laid before bem and the into which they have
fallen was in the of the public peace and against
the right of any take the law into bis own hands
We not be understood recognizing the right Of us
to execute the created slaves
which this State without the intervention OF judicial
proceedings examine that question
in order decide this We have examined the decisions
referred by counsel concerning the weight to be given to
verdc jures and have the conclusion that
the verdict this stand without the most mature
consideration
It is therefore ordered that the judgement of the District
Court be annued and reversed and that the plaintiff recover
from the defendant the of hundred dollars with
interest from date and of suit in the District Court
and that he pay the of this appeal" Ratlf Cow
Eli for plaintiff and appellee T. J. Cooley for defendant
and appellant. lCOnclnstea to n0rT.soJ
NEW YORK sADDLERY WAREHOUSE,
sIes OF THE BLACK HnRsx He AID. Is Canal Camp st.