The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-12-02
City INTELLIGENCE.

The following adudicatons were yes,erd,, mud. h. A..
Mayor, at public auction ~ ZIG
year from lst December instant To Jas e. 40 sn
The farming oil the Vegetable Market First Nunc;n
for year from LIST december, 1851 to Manuel Fsrnsd
for $4,000.
The farming of IRENE Market for ma va,r q. -,
Fautrier, for 4l7 ,225. ~ WYNN
For raising the bncking OF the sidewalk in Mara;s .
from Bienvle street to the Bayou Road to T. RncLlr ~
l91z cents per square yard. az
FIRST MUNICIPALITY CouNoIt.-Ths body me, I,.,
evening. pursuant TO adjournment; ten menbsrs 49,.
and Recorder Genois in the chair. ~'eA''
message nom the Mayor read, announcing thu .a
udcsuon oil contracts Tor farming the markets of the Fi,.,
Municipality, and enclosing letter from citizen conii
ing OF nuisance on Esplanade street. The adindics,i
were connrne1 and the communication referred , the D.
lice Committee. ~ ~
single petition was then presented, and motion u.s
made to adjourn. After taking the yeas and NAYS o.
three t'mes the motion was carried and the Council adj
journed. ~
FIFTH DISTRICT CoURT.-Darant, .4ttorpcy f,, a.
sent Heirs Of John .NcDonogh VS. r. r. Guriev p ~
HoOard and Brdns Mayer. Testamentary EJseutors
etc.-Judge Buchanan ye,terday delivered ;udyman -
case, with the following reasons ''''
The evidence shows that the deiendan Guey ,sdsr,
oil the Dct oil Columbia, and that the defendants Howard
and Mayer, are residents of the State of Maryland
Having been appointed with others Execution, or tho [
will OF John McDonogh the defendants left their pIscs
residence and came to New Orleans when the snoos;n
opened
The defendants qualified as Executors in tbi. co m
follows: Mr.. Gurley the llth December and ~
Howard and Mayer on the 18th December, 1850
few days afterwards. the evidence show, tim, tho a
PENDANTS lett the state OF Louisiana which they have mot
since returned.
The Act of the Legislature of Louisiana fls.7
amending the l45th article of the Civil Code declares thai
Tesamentary Executor. who DESTROYS of absenng him
temporarily shall not on account OF such ABSENCE o,e h
Executoshp provided ne leaves with person rssding
in the Psrsh or in an adjoining PARISH general and special
Pow nf Aftnrup in
raton Executor and deposit an antbentio conv r H.
Power Attorney, before his departure in the ocs oS D.
eordsr Of mortgages OF the place where the succession
opened which Power Of Attorney shall be registered
The absence of the defendants alleged by tbep, t h
tempoay but they enlsly neglected to leave pows, n
Attorney with any person when they left or to bavs
such Power of Attorney registered in the Morea,s Os
before their departure. "ee
Thsyhavs indeed made Powers of Attorney since be, d.
partue to wit Gurley the l1th March 1851 At VEL
ingon City, and Howard and Mayer at Balmors Nv ,l
1st Mach, 1s5l "" MIG
But these procuraons clearly not a complarce ,vh
the law of s4 By the terms of that law therefore the do
PENDANTS have both lost their Executorship
II Is, therefore adjudged and decreed that N. I,,
Testanentary Execulohip heretofore granted to Cn
ley, Benjamin Howard, and Branz Mayer in the snoo;
OF John McDonosh be revoked and the defendant,
demnsd in sodo to pay the costs of this proceeding
Contest ED ELECTION FOR CONSTABLE Rr,., m
PtersoR Judge Larue yesterday morning rendered dc
ion the exceptions taken by Mr. Person to the inn in
this The exceptions four number Tho fs,
which states that no cause OF action shown on the face f
the Petition set asde as the refusal to receive the votes o
legal voters and the acceptance of from person, mn,
qualified, sufficient OF action The second dory
ing the jurisdiction of the Court also set aside ss the
Judge believes lur sdcuon Is clearly by law and tho
third regarding the authority to gn his given by No
LAM of the gners of the petition set aside beoanss
the evidence shows that he had authorized his to he
signed.
The fourth exception that Greenh another sivns, f
the petition, was not citizen and legal The Judge
held that the signatures OF ten voters to the petition were no.
CURED, merely such petition was no,
frivolous, the sgner not being parties contest or f
Their interested than IN any other class of petitions, He there
fore sees no reason why the petition should be amended
by substituting another for that ,gner p nd mot
to be legal and resident voter TIE Judge proceeded tn
say:
1t therefore ordered that the exception Of the ds.nd
tsned that the po tons of this exception be smssed and
st b pass saye eHys amend nsansr By substituting
the Sikh Ward Second Municipality. who may choose TO
The petitioner therefore amended the petition Inv proor,.
another signature and the referred to Jury
SuIoIDx.-Mr William P. Gilbe,t a son of Dr. Stamina,
Gilbert committed suicide yesterday afternoon at hacps
three O'Clock by shooting himself through the head with
revolver The occurrence took place al Dr. Gibers oco
No, l26 Poydrss We heard no reason a.sgnsd G
act. The deceased aged about % years
coroners inquest held over the remains of ,b in
taed young man. and the jury simply rendered yerdc, in
VIOLENT AssAuLT.-Henry Miller. keeper of a cogs.
house, corner OF Grsver and Baronne Streets was yeste,
examined before Recorder Caldwell charged with vi,
assault on Thomas Merrick. with intent kill.
The prosecutor that he last ght went to ,bs ~
house OF the accused when the latter asked him If b |
not stand treat. He refused and the accused strpcL
The mouth with piece of lead tied to a string tn h "a
Knocked him down. Witness put his hand To HI, ,oo.I wv,
Tour OF his teeth ell out (The teeth were ex bibited in $50
good sound front teeth from the lower jaw) Wines, %,
up and ran to the police office complain '' so'
In his cross-exsmination the witness said ,b,, b
ile-went TO the bar-toOk drink and maid fl, !. '
" as another man there W no wanted him TO pap IA, h
Witness refused, and Miller took the fiddle rrot
J. IN one hand' and with slung shot, with the n b h
lie dd not owe Miller four bits. Miller struck him bsosna
lie woud not for the other mans Iopor MN oeoause
Lieutenant Hughes OF the police testified A.. A.. |
'ame 10 the High Consabs's office al 2 o,o,oL ,
morning, without hat and covered with H. yesterday
WIN mr. rorno' the clerk went with Merdck tn Tho os
'ouse, corner Grsyer and Baronne. They fnund ,h 49, |
ohs mere seated nj table, Miller was one and mo, M
en III .ouf' was another-ths latter made himself vs,v an
nous er refused to allow witIess to search hi, pren;ss
~ al ms ae'e delssred the cap and violin bsonpino Ia
accused admitted having beaten Merriok and
ad ne did SO because the latter called him tbsr in hi
ouse. ~ '"e' III MS own
One Franck, theofcous person referred to lv Mr. Uu,b
" uioush' 10 The witness stand and swors that he was
'e'h "heh Merlok entered the coffee house. He invited
y pouy 70 drink and then refused pay. Another man
'ae IN WIN Mernck. and drank with him, and when Msr
% REFUSED 10 pay. this struck him with his fs Miller
20 sueA MIN on the side of the cheek with the fiddle
~ not hard enough knock him down it was only light
ow.
Merck recalled swore positively that Franok was
u present. Another pepon brought forward by the
ience TO contradict the prosecutor. and when he got
rough the Recorder sent the before the First District