The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-07-03
NEW ORLEANS:
THURSDAY MORNING, JULY
The Grsa, Kidnapuing Case.

Ihe greater portion OF the time OF Recorder Caid-
wells court, was occupied yesterday in The exami-
nation of charge of kidnapping, preferred by
Young d. Allen, against Captain Heniy Forno,
Thomas Mcknight, J. B. Elo and John Higgins
The following is copy of the affidavit made by the
prosecutor in this case:
State of Loutsiana-Muni No. Two
Forno, John Higgins, j. B. Elot, Thomas
Mcknight. -. Personally appeared before me,
James H. Caldwell, Recorder Of Municipality No.
Two, of the city Of New Orleans acting Justice Of
the Peace, duly commissioned and sworn, Young
d. Allen, who having duly sworn, doth depose and
the city of New Orleans, Parish Of Orleans, State
of Louisiana, and while in the quiet pursuit of his
own lawful business this afiant was forcbly, ille
gay, and without authority of law, seized and
imprisoned in of the prisons of the city of New
Orleans, kidnapped and carried from thence to the
town OF Lexington, county Of Holmes, State OF
Mississippi, by one John Higgins, aided, advised
and abetted in the forciby seizng, imprisoning,
and kidnapping, and sending aftiant out Of this
State to the town, county and State Aforesaid Of
this afiiant wherefore this aiant charges the said
John Higgins, Henry Forno, J. b. Eloi and Thos.
Mcknight, with the crime of false imprisonment
and kidnapping affiant aforementioned, and
prays that the said John Higgins, Henry Forno, J.
B. Eloi, and Thomas Mcknight be arrested and
dealt with according to law and the statutes in
such cases made and provided.
1851. JAMES H. CALDWELL, Recorder.
The prosecutor. Y. D. Allen, being sworn on the
witness stand, deposed that on the 9th of January
last, he was coming from the Post.ofice, when he
met Captain Forno, John Higgins, and two of the
accused in passing Canal street. Captain Forno
informed him that he had a warrant from the
Governor of this State for his (witness's) arrest
Witness told Captain Forno he would submit it to
any legal process, and asked the Captain if he
would permit him to 60 to Mr.. Wolfe's office, in
order to see his family-ths was refused. Witness
then asked Captain Forno if he would take security
for his appearance in Mississippi, or any other
place. Captain Forno replied that he would not
that General John l.. Lewis Sheriff of the Parish
of Orleans, had empowered him to make the arrest
Witness was then taken by Higgins to the watch
house, and there confined until the next day. The
keeper Of the prison came to witness while in
prison, and informed him that two officers wanted
him he was then taken charge OF by Higgins and
Eloi, who stated o him that they were going to
bring him to court to try ha5eas corpus-there
Z was buggy waiting outside, into which he was
desired to get. When they drove off, Higgins
asked him if he knew what they meant replied
he did not. They told him they were going on
4 board the steamer General Worth, to take him up
the river. Previous to arriving at the steamer, Hg-
gins drew pistol, and told him "he need not try
to get away, and if he did, he would kill him. -
Witness told him he would not" He was then
taken into one of the state.rooms of the General
Worth, and there forbidden to speak to any one.
Higgins then said he would go and get his clothes
ready, and leit-witness being placed in the charge
Of Eloi, who put pair Of handouts on him
Higgins returned in few minutes, and ordered
them to be taken off Higgins, at the time,
observed that he had received his orders from
General Lewis, but would not put them in force,
although he had been ordered to iron him wit
ness) hand and FOOT" he was then allowed to pass
to the clerks room, and address note to his
family. Mr.. Patrick Coyle, of Lafayette, came on
board the last, and witness asked him to take his
watch to his family. Eoi observed sthat he
should not give his watch to any one." Witness
succeeded in getting them to send for his wife
who was permitted to accompany him to Missis-
sippi. He was taken on board the General Worth
to Yazoo City, and there put in prison by Higgins
who had the control of him all the time. His
acquaintance in Yazoo City visited him at night
He was taken in private carriage by John Hig-
gins to Lexington, and delivered over to the
authorities there. He was imprisoned from Satur.
day night to Monday morning, gave ball. and left
in the Nashville stage for New Orleans.
Cyoss.ezan,ined By Co.. Field, for tue defence.-
Witness did not at any time ask to be discharged
but offered to give bail witness declined answer.
ing whether he apprehended there was a requis
ton for him from the Governor Of Mississippi to
the Governor of the State Of Louisiana for his per-
son officers did not lock up witness witness gave
bail for his appearance to the court in the State Of
Mississippi, but declined to answer for wha
offence; witness was not put in irons or hand cuff,
by the officers in charge of him; witness was pu
on board the steamer about IL or / o'clock, and
remained on board until about o'clock P M.
when the boat started; witness wife was sent fol-
to Lafayette; went willingly to Mississippi wit
ness was not mistaken about Higgins drawing q
pistol on him.
The warrant of the Governor of Louisiana, signed
Joseph Walker, seal of State affixed, was handed
to the Recorder by Col. Field, who asked witnes.
"if he ever saw that paper before?'' Witnes.
replied, he could not say he did" In answer tc
COUNSEL said he had resided in the State of Missis
sippi for five years.
General John L. Lewis being sworn as to hi.
knowledge of the warrant produced in court replied
he knew nothing at all about it.
The clerk of the steamer General Worth wa.
produced for the defence, and swore he saw nj
handouts put on Mr.. Allen; he saw no psto
drawn; saw Mr.. Allen permitted to walk about tn,
vessel the same any one else.
M. M. Reynolds being sworn, testified to the fac
Of his having seen the requsition from Governor
Quitman, and his having advised how its reques
should be carried out.
At this stage of the proceedings, Captain Fornt