New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-05-31
DAILY CRESCENT
Local Intelligence.

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rointa Coupe
The petition alleges That for the last fory-hve years
Euae had been in the full enjoyment Of her freedom
raid Parish also her above named children and grand
children until time toward the close Of the year
1852 when they forcibly taken their homes in
said Parish at night by certain armed men, to petition
ers unknown and transferred the custody Of Daniel
Long and Zachariah g. Mabry, who retain them in their
keeping deprived Of liberty ayerrng that they belonged
10 them"
10 this petition the defendants protesting their limo
ouce their ignorance of any towards
the plaintiffs excepted upon the ground that the aega-
tons Of tho petition show OF action The de-
PENDANTS purchased the negroes in the Parish Of Poine
oupee and the sale IL evidenced by public notarial
title but under the issue of law presented by the excer-
lion the only quetioneNas whether the plaintiff. were
entitled their freedom granting that the allegations
the petition were true.
The plaintiffs relied upon Art 1910 of the Civil Code
which provides that, If master suffers a slave to en-
soy hia liberty for ten years during his residence the
state or Tor twenty years while of IT, he shall lose all
right action to possession Of the slave
the slave be runaway fugitive and on law o.
III 20 of the third Partda which enabled slave 10 ac
ouire his freedom by prescription |
ON the part Of the defendants it insisted that
rannot acquire his freedom Louisiana by prsscrp
lion and that the enjoyment Of liberty for whatever
length OF time cOnfeTs right That the territorial
legislature a. early 1907 had passed an act recurring
fuAnles Tor the emancipation
visions Of which still in force; and had declared the
uuity Of every Of emancipation made without com
alliance with these formRlities That this virtually re-
ueaed the Of the Parda relied upon by the plaintiff.
ana that article $50 Of the Civil Code which merely de-
priyes the Of the right Of action to Recover the
sesson Of his slave, if 1t has any practical application
nust be limited those cases in which the slave Is in the
adverse possession Of other pefson because the
owner does require any action against his slave to re-
oy.r possession lie takes possession by his own act
lust as he would DO of every other property claimed by or
in the possession Of another and the law authorizes him
IN do tits and projects and maintains him in the possess
sion That the object Of the Legislature as manifested
m series OF acts 1907 down to tho present time
h. been to subject the Of slaves certain checks
aud restraints with regard to emancipation which sound
rlcy absolutely requires, But II the owner may emau
Innate his slave merely by permitting him to enjoy his
freedom for any length Of time, every owner would have
q in hi. power to free himself from these restraints i'm
.ed for wise purposes Of public and public ecu
ty and to render the action Of the Legislature entirely
uuastory That the laws Of Louisana' do not hermit
slaves to 20 at large free the custody control Of
their masters and that right result favor of
the wroDg doef from violation Of the law That the al
legations II the petition show that Euae a slave for
about twenty years anl she does not aese that she
ever was emancipated the necessary legal presumption
thar she aud her children and grandchildren still
slaves, aud lawfully detained by the defendants
William Beatty Of 'Poiute Coupee appeared for the
rlantif4 and Mari and Roberts and John s. Scott for
defendants The argued and submitted on the
18th April and the 9th inst Judge Larue rendered
decision sustaining the exception and dsmifsng the Pc
tition
DAMAGES FOR AN ILLEGAL ARREsT.-Carlo
Baromio Michaud yesterday filed petition in the Fifth
District Court in which it alleged that about the
9Th Of January last petitioner and his wife took passage
from mort ia France board the bark st. Paul
manded by Reveo alas Rivai and bound for the
port of NewOeau and that he arrived in this port about
the beginning Of April.
On or about the 18th Of April lit is aleged) while on
hoard said vessel petitioner the request
the Captain and under the of Michaud and taken
to the guard house of the Second District There he
NAMED deprived Of his liberty for than thirty hours
Petitioner gave bonds appear and to whatever
charge might be brought against him and was released
Now petitioner that the said Capt Reyello, after
having thus procured the petitioner
brought any charge against him there affidavit
made in the case either before after the pet
toner was however reported in the newspapers being
under arrest charge Of mutiny on the high seas
Petitioner alleges malice against the Captain in having
him arrested and that in resong to the aid Of the law
he had no other object in view bat that Of vexng peti
TONER Wherefore he asks damages against the Captain
in the sum Of $4,000
II Gramont and II Train attorneys for petitioners.
FIRST DISTRICT Court Criminal Trials
Mrs Kelly was yesterday tried in this Court ndiet
nent for embezzlement in appropriang $3.50 entrusted
IL her safe keeping by one Elizabeth Addery on tn
eth OF August The accused was found guilty an
strongly recommended by the jury TO the mercy OF tn
Court,
George Lott was tried on charge OF forgery and fc
tterng forged for the delivery Of goods and aftt
Il full hearing acquitted.
In the case Of George Hicks indicted for anslaughte
III killing boy named Thomas Quinn by driving cal
ever him on the New Shell Road about the 18th of Apr
1852 noRe rposequi was entered
In the case of Henry Cullum alias Leery, indicted f
robbipg Miss Matilda White of a watch and quantity
,ewelry bonds declared forieedthe defendai
having failed to appear.
The same action taken on the bonds Of VIM, Beatt
Indicted for throwing of the thirdstory wi
dow Of Beatty's Exchange, Of Common and Lev
streets-the accused having failed to appear.
A SHORT HONEY MooN--Louise Hochstrt
Yesterday filed petition for divorce in the Fifth d
tric Court praying for dissolution of the matrimon
bonds unhappily existing between herself and her hu
band John Bsrthelmy Pignoa.
The fair plaintiff alleges that she intermarred wi
Pignoa the 23d of last month, (April) and that ey
since conducted herself towards her said husba
AZ duul and faithful wife should do but that she
been constantly -treaed by her said husband, so II
their living together is rendered nsupportable
She states that about two days after their marriage
was locked up in room by her husband, and kept the
confined imprisoned up to the 10th of May inst IL
her confinement took place two days after her maria
and has continued up to the aforesaid date She ay
that several occasions, lat least ten tmes) she
beaten by her husband, who besides pulled her hi
knocked her down and otherwise gave her fts that
caused him to be arrested and brought before the Rec
der. lie also threatened to take her life with dirk
Considering that there no hope of living amica
with him she asked for divorce rnculo mDlrimonii
for q separation of goods and effects. Served him rig
COMMITTED Kent Maxon was yesterd
examined before the Recorder of the First District
charge of having stolen gold watch from the ship CT
luden Castle on the 25th inst He sent for trial
fore the First District Court.
John Hamilton and Mrs. Hamilton examined
charge of selling liquor without license and keeping
orderly brothel on st, Peter street They were sent
fore the First District Court to be tried.
Thomas johnson, boy IA years old for stealing 10
gunny bags from the Poydras market, was sent to
House of Refuge
John o'Neil for carrying concealed weapons, was fl
twenty dollars.
lot of about dozen slaves, for being congregs
in an unlawful assembage, fined five dollars eac
SrABBISG CAsE--Frank Caldwell was ext
ined yesterday in the First District Police-ofhce on
charge having stabbed in the arm one Andrew opG