Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-05-18
A WHITE WOMAN SUING FOR HER FREE.
DON.

A suit was yesterday fled in the
Sixth District court on behalf Of
Josephine Smith, Alias Barrett. in
which the allegataions are as follows:
That she is wrongfully and illegally
claimed as a slave, by Lionel c. Levy,
whose residencei is in the city Of New
Orleans, and by Joseph Cohen, who
resides at Charleston, S. c.
That petitioner (if even she was a
slave, which she does not admit, but
calls for proof thereof has become
free, or entitled to claim her freedom
by that express provision of the law
of Louisiana, which declares that "If
a master suffer his slave to enjoy his
liberty for ten years. he shall lose all
right Of action to recover possession
of such slave who thereby becomes
free.
Now, petitioner alleges that she is
claimed as slave under an alleged
purchase OF her made at the succession
sale of the late Judah Barrett, Of this
city in which it is claimed that she was
bid of by and sold 10 said Levy as
being the property Of said succession.
She further alleges that when she
lived in the house of said Barrett. she
lived there as free white member of
his family. and that said Barrett then
and at all times, treated her and pre-
sented her to the world as his own
daughter, and as being both free and
white.
Petitioner further alleges that she
has always associated with white per-
osns. and has been considered a free
white person; that she was educated
as a -s---- - .--------.-l-~s--ss -ssss5frsss
and Frel.ch schools, where none but
white children were knowingly ad-
mitted; that she said Barrett recogniz-
ed her in various ways ana at all times
from her childhood to his death as
free and white, and used to take her
to the public theatres and seat her
with himself in the dress circle. were
none but white persons were knowing.
Iy admitted.
Petitioner further alleges that she
SO enjoye her liberty and passed for a
free white person for more than ten
years next preceding the date of said
Barrelt's death, and in fact never was
at any time restrained Of her liberty,
that for severel years preceding said |
Ba. rett's death, she ceased to reside |
At his house; that since ceasing to re-
side there she has bought and sold
in her own name. has sued |
and been sued in the court fthis state
md has done various other acts incop- |
sistent with state Of slavery-all
which was done with the knowledge Of
,aid Barrett.
Petitioner further alleges that she is
uncertain who IL Is that claims their
slave; that as her attorney can trace
he pretended title II seems to stand |
N the name Of said Levy, but she un.
ierstands that said Jacob Cohen
slams to own or have an interest in !
her. She further represents that the |
said Levy well knows. and knew mt the
lime that he bid her .oif at said pre-.
tended sale. and the said Cohen also
did then know all the facts afore said.
aud that petitioner was and is free
person. or entitled 10 claim her free
lom; yet, Notwithstanding such facts
he said Levy and Cohen persisted In
he said pretended purchase. and still
persist in claiming her as slave; that
BY their said legal and tortuous acts
hey have compelled petitioner to flee
rom her residence and absent herself,
rom her family and friends. and have
INJURED her in her feelings and reputa-
ion, and have subjected her TO troub.
es and expenses. and thereby damng.
ID her to the amount Of over $4,000.
Nhereupon petitioner prays that said
levy and Cohen be cited 10 answer
,ereto. and that after due proceedings
lad. Judgment be rendered in favor
,fpetitioner. dccrceing her TO be free
persons. or entitled TO her freedom
against all persons. and that judgment
" further rendered in her favor
lgsinst said Levy and said Cohen for
he sum OF $4,000 damages as afore-
aid. and for such other and further
lecree as may seem proper In the
PREMISES. with costs OF suit and all
,eneral relief.
We understand that the plaintiff is
low in Canaoa and that she brings
his suit in order. il possible, to OBJ
ain permission 10 return 10 this city.