The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-12-16

LAW REPORT Court OF iNpI-
ANA, NOVEMBER TERM. SEVENTEENTH DAY.
No. 1874. joel Ellis and wife rs. Benjamin
r. Kcnyan. Elkhart &. {. Affirmed. with )
per cent. damages. Elliott. Judge.
No 3OiS. Brook,illc and Fairfield Turnpike
Go. Is. Jane McCarty, Administrative Of Abner
McCarty. Franklin {. T.. &. Affirmed on is
sue presented.
No. SOL. John VI. Lockwood rS. John j.
slcVin, ef al. Po~cy 4. l.. Z. Reversed. Fra
ger. Circuit judge.
No. nc. Benz. r. Sayers rs. Obed linkhart 81
al. Franlin c. l.. Reversed. Elliott, Judge.
UNITED STATES CIRCUIT CoURr.-A very
novel case has just been commenced in this
Court-inyolying the admissibility and crcdi-
bility 81 negro testimony. The facts. as we
learned them. are n follows: \ certain di>si-
pie Of Esculapius belonging 10 the tubcrcu-
lous order. residing in this city. employed a
free American citizen OF African descent to
enter the United States service n a substitute
for one year, for which he was to pay him 5000.
The Negro thinking enc good turn deserved
another. left the money in the Doctors hands
for safe keeping until his return, taking the
Doctors note for the amount. save $3.50 paid
the substitute the day tho note was given.
All went merry As a marriage bell, until last
Tuesday morning. when the negro turned up
in the Doctors Office and called for his money.
The Doctor paid him ~ .0o0. tore his name of
the note. and refused 70 pay him any more.
claiming to have settled With him in full. The
negro. being a citizen IT Tennessee, at once
brought his action in this court. The cause
will be heard in May next. ~ under the act
OF Congress all persons are allowed 10 testify
in the Federal Courts. we look forward with
interest TO the solution Of the issue in this case
Is 10 whom Is most worthy Of credit. black or
a tchite man.
Also. a legal question. IL i Of great inter
est. involving the decision made in the bred
Scott ease which holds that free negro Of the
African race i not citizen within the mean
ing Of the Constitution II the United states. 80
A. TO enable him 70 sue in the Federal Courts.
Dye 4 Harris for plaintiff; Il. :. whpole for
defendant.
BEFORE UNITED STATES COMMISSIONER
KMBuL- DECEMBER l. United states IS.
Isaac Robb. retail dealer in liquor without
revenue license. Bound over % next term Il
the United state District Court in sio0.
DECEMBER i3.-United state, r. John l..
Dumas. Of >htlhy,ille. retail dealer ia liquor
without revenue license. Bound over To
the United state District in MAY. in S3OO
DECEMBER al nited states rs. John
Latta. fourth class pcddier. without revenue
license. Bound over IN sio0 10 next term If
the United states District Court.
The decision ia this ease i one OF con>idera
bic importance. The defendant was canvass
ing the city for the purpose q obtaining sub
scTibers 70 oil prints q Lincoln ant Grant lie
was hired by the month by firm in thi. civ
He carried two pictures with him a, ~peci-
mems. The pictures subscribed for wcrc 90 De
delivered hereafter hs him. Mr.. Boutwell,. the
Commissioner OF Internal Revenue At " ash
ngton. has heretofore decided that the party
delivering the pictures and taking the pay
was the one % have the publishers license.
The act q congress provides that ANY per-
son, except persons holding only newspapers,
Bibles aud religious tracts. who sells or offers
70 >ell. a. retail, goods. wares or other commo-
a'ues' travelling from place % place, in the
s''se', ct through different parts Of the conn
u! =. mai b. regarded a, n pcddler under this
-. nut Mr. himbsll held that the party
t suu>cr'bers, travelling from place 20
- tne>c pictures. was Offering % sell,
,'e', aso was therefore Obliged 10 have A
license lAs case will probably De made "A
fes' esse - that the law may Re fhilv settled