New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-11-24
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Defendant was sued as surety Of Joseph 2 Miller and
wife HE pleaded the previous discussion Of the property
belonging to the principal debtor and the District Court
sustained the plea
to ba oveued because the designation Of the property
required to be discussed is not such particular desgRa
The deindant ii his plea discussion points out prop
erty belonging to his principal consisting Of cotton
plantation and slaves In the parish of Uoncorda the place
the domicl of the debtor the place in which the debt
payable The property alleged to be in Che possession
ces The defendant rendered advance Of the
necessary to pay the expenses Of the discussion.
Held that the description Of the property set forth in
designation Of the metes and bounds of the plantation
any note Of the title Of the ncumbrances the
property The description Of the slaves was insufficient
ceedings. ~ tss ~ rts 70. < !
A. T. Stewart Co., appellees ". NJ and ]. Lapsley,
John L. Lewis, Sheriff, defendant in rule appellant.
Appeal from the Second District Court Of
Eustis Chief Justice delivered the opinion Of the court
reosd the her e see the property of defsndans and
indemnity bond in favor Of said Sheriff to save
him harmless from all suits that might be instituted
against himn consequences of sadsezure Another par
interviewed and claimed the goods Seized and sued the
plaintiffs and the Sheriff soldo for damages and obtain
versed and Judgment rendered in favor of paintiIs
The several suits being terminated the plaintiffs ruled
Sheriff to show cause why he should not their
hands the money made under the execution out OF the
The Sheriff claimed the right Of deducting from the
amount the costs from the third opposition made
by the party claiming the goods and also the amount Of
fee paid by him to his counsel for conducting the de-
fence in the suit in which Judgment was obtained against
Held that under their bond of indemnity. the plaintiffs
liable to the Sheriff for the payment Of the costs Of
the third opposition and for the payment Of the fee to his
COUNSEL He had right to engage counsel at their
ense and not bound to put his interests in the hands
of counsel engaged by them. Judgment reversed.
FIRST D1sTR1cr CouRT-Jtdge Larue.-The
case Of John Chrisy indicted for the murder of Jeremiah
Cokely on the of October last fixed for trial. but
the name Of the deceased, which Coakiey' being
improperly spelled Cokely in the Indictment the pro-
ceedngs were quashed and the prisoner. renanded to
await the finding of indictment by the Grand Jury
The name improperly spelt in the Coroners inquest
and thus was the State led into error.
Two cases of larceny were tried and the parties found
guilty The accused were recommended to the mercy of
the court.
FATAL RAILROAD ACCIDENT About 10 o'clock
on Monday night the horse the Pontchartran
lying across the track with both legs cut off is
supposed by the steam train which had just passed along
He was conveyed to the Charity Hospital where he died
yesterday.
REooRDER's COURT, FIRST DISTRICT. EConju-
gal Fscy-Eya Kelly. yesterday made affidavit against
her husband Michael Kelly for having Saturday night
on Tchephuas street violently assaulted and battered
her. forcing blood from her mouth and breaking Of
her teeth Kelly gave bond Of $500 for trial on the 3oth
instant.
OUTBREAK IN CouRT.-A passage at arms, in
tongues
offensive weapons, occurred in Recorder Winters Court
yesterday between lawyer and an officer During the
melee the Councillor told he nuisance in tho
Court. The Recorder wound it up by committingth
officer to prison for fortyeight hours for contempt
james Allison had to answer the foregoing
charge, made against him by Mrs Weeks Complainant
stated that the 18th Of thisonth she agreed to
accused dollar per for moving certain furniture
to the corner Of Magnolia and Basin Streets that Allison
made four oadsof what should have been but three and
that he injured much of the furniture in moving it that
fha dous and
asked for five dollars She told him was too much and
said she would pay him three dollars which he agreed to-
and did take in satisfaction and In few minutes after
went up into her room, and took therefrom valuable
mirror down stairs and into his remarkng I've
got the glass now see if you get it, and then drove
hastily off number of witnesses were introduced on
either side but the Recorder sent the accused before the
First District Court on the charge Of larceny.
SECRETED. Horny Stevens was arrested on
an affidavit OF Robert Brown mate Of theship Marathon
on Tuesday morning with the view and intent to rob her
Accused was remauded until to-day !,
= FRAuD.-Felix Lelanne received in st. iary's
Market, the 2ls instant, from Patrick Farrelly five
dollar BILL from which he to take fifteen cents in pay
ment Of piece of meat but legend that he kept
all the money and took away the meat from complainant
Felix gave bond for his appearance for trial the LIST De-
Ecember. OIL 49,
AVERAGE sEs.-Ellen Foley, George Woods
and another being drunk disturbing the peace
and being found in suspicious circumstances failing in
furnishing security were committed to the Parish Prison
kouPfUSED llARGESf.-JOnn Henry Miller ana
another man who escaped in of two sacks
containing l00lbs of coffee and five pieces of pork The
watchmau arrested Miller in the of the First District
at halfpast one o'clock Tuesday morning Accused
remanded until could be found for the pro-
perty
BRUTAL ASSAULT. Officer Thorp made affida-
issuing from house Philippe street to which he in
stany proceeded and after vainy endeavorng to obtain
access through the door windows which closed
he forced door and found that Edward rk had vio
enty and outrageou assaulted and battered the wife
said Kirk cutting and bruisng her until she of
blood and that floor of the house covered with
blood from her person wherefore said officer charged
Kirk with assauting his wife with intent to murder her
Accused was remanded until his wife should be able to
appear Liquor usualin such cases, was at the bot
tom of this the accused having only the plea Of htoxica-
ton to offer in extenuation.
CeNTRAvENTIoN.-Lawre Christopher, f.
of the ship James Wright from NewYork, arrested
for being shore in CONFIRMATION of the law,
manded to prison until the sailing of the ship for Liver
pool. .r-at.,-
TREsPAss CASE. Eugene Suzet, arraigned
last week the charge of forciby entering the window
of Lavnia Paton's house St. John street. and abusing
and threatening the inmates yesterday committed
the Parish Prison. in default good and sufficient bail
Ira G. Conant, for being drunk and using OBJ
scene language in Annuncation Market and procuring
dollars. l-I-.s ~.
BREACH OF TRUsT.--James Egan yesterday
made affidavit before the Recorder of the Second District
that the 2th of October he entrusted George
Rodgers letter containing bill of exchange for S45 d.
reetng him to put 1t into the Post office and that he
since ascertaned that said Rodgers has appropriated said
bill Of exchange to his use, thereby committing
breach Of trust. ..
-REcoRDER's Court, THIRD DIsrR1cT-C ou,a-
ferming Stevens arrested ten days past
on the foregoing charge on whose premises Claiborne
street, countereting tools found the time of his
arrest hadhs examination yesterday and was sent to
swer the charge before the First District Court Eliza
Whiting and Mrs Stevens the mother and wife of the
accused, were also examined for the same offence and
were discharged. - ...- =
- LARcENY.-A warrant was issued yesterday
for the arrest of Hugh Healey who stands charged with
the theft Of five dollars worth of lumber from the lumber
yard OF Daniel Brophey, on Marigny street.
BRAzEN.-John Savage rung in Il brass ring
on unsophisticated individual in the Third District
timony was wrung from complainant to the Re-
corder in sending accused to the Workhouse for ninety
/ days.
BOARD OF ASSISTANT ALDERMEN. There was q
regular meeting of this body ast night present. fifteen
members, DR.. Alpuente in the Chair. -4
On motion, the reading of the minutes was dispensed
with. V'''s>'
The message Of the Mayor calling the attention of the
Board to the recent decisions in Second District Court
ia favor Of the heirs OF John Dnggan and in the Fifth
District to the case of Joseph Genos DeBuys Comp
troer in which peremptory mandsmus had issued and
stating that the City Attorney advised appeals in both
cases. f
communication was received from the City ATTORNEY.
in which he recommended appeals in above cases 1t was
resolved that the Attorney be instructed to take the ne
cessary steps for appeals
The report of the Treasurer was then read
OF which the following is n summary:
Balance on hand last report 1878 Oh
heceifeo ~ f92 OS
= +H -N oIo-o i.