New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-11-30
DAILY CRESCENT.

DAILY CRESCENT.
OFFICIAL JOURNAL
OF THE CONSOLIDATED CITY OF NEW ORLEANS.
Local Intelligence.
ORLEANs THEATRE.-Ths place was crowded
last night to witness the Delayxrde
strong tenor, and Of Miss Leont duCazon. Rossinis
splendid opera called William Telln produced and
much applauded II will be repeated tonight This
ond performance will permit to give fair appreciation
OF the new artists.
MORE RAILROAD ACCIDENTS. On Sunday
evening" the six O'Clock train Of the Mexican Gulf
RAILROAD while on the trip caused serious and
the part Of the Third District black woman whose
name not yet ascertained found laying dead
track with her head and completely crushed
When the train came still the depot into1i
Gated man staggered and upon the track when ths
cars ran over him crushing Of his and leg The
mans name 10 Hugh Wainwright He was removed to
the Charity Hospital where remains there being
little hope Of his recovery. as457g |
INoUEsrs.-An inquest was held yesterday on
the body of white named Owen Brady, aged about
fifty years, native of ireland, found dead in the police
tremens
6S years. native Of New Orleans found dead in the Third
District police ose Verdict died by the passage q the
| Of the 28th instant, at aboat six o'clock.
Also on Joaehimo capnso, aged 90 years, native q
| Ba&Ateue
the heart -7-rI
MsANTY.-Emilia EARLY, poor insane crea-
ture found wandering about the city, to the
1 temporary Asylum for the insane. 5,F 9sl,s
1 SUPREME Court CONDEMNED Decisions -]
4 Monday. November %. Present-four Judges. ]. A.
Maet and wife. appeees. Paun Martin appellant
Appeal from the Fifth District Court Of New Orleans Ros
Held That plea in compensation shsuld be set forth
with the same certainty to the amount date etc.
the party opposing them himself plaintiff in direct
action The plea under which the evidence of the de-
justify it's admission It did not state the nature and
amounts Of the claims compensated and would have ops
rated - surprise to the plaintiff Judgment affirmed
Appeal from the Fifth District Court of New Orleans
Rost Judgment affirmed and plaintiff to pay the costs
Of appeal.
Pearl River Steam Navigation Company Of Mississippi
appellee rs Stephen Douglas appellant. Appeal from
Judgment affirmed.
George Foster s Co. II. J. Baer Co., .ppellees
from the Fourth Dstric. Court Of New Orleans sdej
Cause remanded for further proceedings the sppeses
to pay the costs Of appeal
wife appellants. and Perkins Warren Co. appellees
G H. Miller and wife, appellants. Appeal from the Pa
George 9. Mcchesney ct al appelees. Andrew Daily
Gardner johnson defendant in rule appellant; Freret
snT Third
Judgment affirmed .yl5ss5
pelants Appeal from Fifth District Court of New
Orleans Dunbar, J. Judgment affirmed
Succession of VIM: Kneal-George Holt, curator, ap
pelant Us L. + Hezean, appellee. Appeal from th'
Fourth District Court of NewOrleans Dunbar, j. Judg
ment affirmed.
2 Granger. owner of ship Epaminondss appellant :,
Gihney & Lowell. Campbell Rckarby and Bradley, vii
Co.. appellees. Appeal from the Fourth Distric
Court Of NewOreans. Sidell, j.
The plaintiff is of the ship Epaminondas. and thi
suit grows out of contract made by Gifney Lowell
for one Simpson to furnish cargo to the
freight After two hundred and five bales had been de
vered to the ship Simpson absconded leaving his ven
still in the Cotton Press and the ship had acquired
control it, The whole of the cotton both that OF
hpboard and that in the Cotton Press seized unde
wrts sued out by the vendors and by Campbell Rckar
by who had made advances upon it. Meanwhile freight
ment of the seven hundred aud ninety five bales had
make the cargo at reduced rses The plaintiff insist
ed that he had privilege on the two hundred and nv
bales for the loss of feghts and to avoid injury to al
parties by the delay of the ship in consequence Of tn
seizures it agreed that the two hundred and FIVE bale
should be bonded and go forward in the vessel the
ceeds be subject the ships lawful claims In tn
litigation which followed between Bradley, Wilson &c
the latter the plaintiff looks them for the pay
Of his claim Of damages Thefeght Of the
e. dred and five bales has been paid. @
or We find grounds for any claims sgainst Campbell
Rickarby directly under the agreement to furnish csrg
for the agreement vas made with Simpson There was
prvity of contract between the plaintiffs and Campbell
Z Rickarby.
tiff has privilege upon the two hundred and five lba
actually shipped for the damages arising from Simpson
failure to ship the hundred and ninety-dve bale
The article 323 the Civil Code declares that the ca,
tain has privilege for freight during fifteen days afte
the delivery Of the merchandise if it has passed int
third hands He may keep the goods unless the shipp.
consignee shall give him security for the payment
goods of which the captain has had possession He,
the captain had possession of the hundre
and ninety-hve bales, Judgment affirmed, and costs
appeal to be paid by appellant
y Vincent Aicafd, appellee, Us. Andrew Daly-E. Wilt
Recorder of Mortgages defendant in rule appellee Gar
johnson, defendant in rule appellant Appeal fro
the Fifth District Court Of New0rleansRost j. Jud
ment affirmed
In the matter of James o'Flaherty an absentee Jon
- Ufford appellants and appeees-R D. Blossman cu1
appellee. Appeal from the Fifth District Court
a Neworleans j. Held, that when one Of seve
joint obgors lives out of the State the nonresident oil
gor need not be made party to suit here on the joint
legation and that the nonjoinder Of the absent coobl
bar to action against the resident he
If the plaintiff content with judgment against tn
for their share of the debt and there ground
believe that those cited could make defence to the acti
not within the power of those before the court, ther
reason why the defendants cited should not be r
dered liable for their shares of the debt and schar
u from all claim for the shares of the Others
m 1t is decreed that the judgment of the District Court
and that there be Judgment in favor of Jone
Urd against the Curator Of OFaherty for twelve
dred and five dollars with five per cent interest per
y" s727 % from judicial demand, with like inte
S253 II from the Goth January 1851, and with
. cent per annum interest 1924 from the 9th Of
1850, to be paid in due course of administration by
said Curator. with costs in both Courts
Fl John Kelly and Thomas Cook, on rule taken by R.
n Gugan, appellant on Emile Wtz Recorder of Mortga
y and Thomas Cook and wife. appeees. Appeal from
G ment affirmed.
Thomas Gilmore subrogated to the rights of P.
m Collins appellee L. A. Pellern, B. Harrison 81
ST rity appellant Appeal from the Fifth District Cour
az, NewOrleans Eusts u. There is no ground whate
for this appeal. Judgment affirmed with costs.
Toy Toy. FIRST DISTRICT CouRT-Judge Larue.-1
ID at case of VIM R. Gallagher indicted for the murder
% james Cassedy called and continued accoun
tie of the absence of witnesses
ills In the of Michael Flynn Hugh Flynn, James III
oa James Conlin and Michael Hartigan, indicted for
slaughter in killing James Culan, the 1st of Febrr
last. a noie prossqni was entered.
The bonds of John Dolan and Thomas Courcy each
he LOCO with Edward King surety indictedfor attemp
~ create riot and for striking police officer while
any the discharge Of his duty, declared forfeited
nablo In the of Wm Jones' charged with breacl
- trust Col Field moved to quash the indictment for in
VIZ fciency which done
ou- Two boys charged with larceny, pleaded guilty,
IDS of sent to the House OF Refuge for two years
rdsr RECORDERS CoURT-Ffrst District-CooL
nv HuMoRous-Oliver Hunt was arrested on Camp stree
- O'Clock on Monday morning, by oicer DUNBAR
sssss dangerous aud suspicious character etc.
- Upon his arraigument the Recorder asked him. ta
k>. up and bright mmey, which had been found IL
pocket what you doing with this instrument in
= pocket
= Prisoner smiling-Mr. Dunbar slipped it in my po
when he arrested me.
OT Reoorder-Ths is rather suspicious article to be
in your possession.
Prisoner-If your Honor will have inquiries made
pubs the article purchased, you will find Mr. Dunbar
~ purchaser.
Recorder-Captan Forno, your officers in the