New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-05-11
EotaI SnteIEiaenre.

Jhe Mississippi Valley, from Columbus to Fort
jackson, had two drafts, one for $1,000, and the
second for $500, drawn by the Planters Bank of
Tennessee upon the Union Bank of Louisiana, in
this city, and expressly payable in currency"
Plaintiff then residing at Seguin Texas, sent them
to defendant, merchant in this city, for collec-
ton, the proceeds to be held subject to order
The drafts were paid to defendant, on presenta
ton, in Confederate money, then the principal Cir
culatng medium, in New Orleans, as well as
throughout the Confederate States. The city fall
ing into the hands of the Federals the following
April, plaintiff did not apply for the funds until
after the general surrender. Upon demand being
made, defendant rendered the amount in Confed-
crate money, and was refused, plaintiff requiring
payment in that which was legal tender at the
time demand was, made, which would have been
coin or U. s. treasury notes.
The drafts being payable " in currency" without
describing the kind dispute arose on the trial as
to what constituted currency in this connec-
ton, and defendant was allowed to prove, and did
prove, that at the time the drafts were paid Con
federate notes were the circulating medium and
were regarded as currency" gold and silver,
and even bank notes being retired, as more yalu-
able, and only dealt in as articles of merchandise
OF traffic, and not generally used as medium of
exchange.
These we're the facts as presented to the Jury.
Counsel having argued the case, the jury was
charged by Judge Leaumont, substantially, as
follows:
Referring to the decision of Chief Justice Mar,
shal, of the Supreme Court of the United States,
relative to post notes issued by the State of Mis-
souri,, in which decision it was maintained that,
mr. +ba or4;o of+ ~
hi0itng the States from emitting bills of credit no
State could issue money or paper to be used as a
circulating medium, Judge beaumont applied the
principles of the decision to the case at bar.
as, under the Federal Constitution no one State
could emit bills of credit no combination of States,
he argued could do that collectively which they
were inhibited from doing individually. As a fact
Confederate notes were the currency in January
1867, but they could not be recognized in law as
currency, as gold and silver, as bank notes, as
United States legal tender notes were entitled to
be recognized
The question before the jury, he observed, was
whether the drafts were payable in Confederate
currency. If they were so payable the verdict
should be for the defendant. But, if the evidence
showed that they were payable in currency"
without definition of the kind then plaintiff was en-
titled to a verdict.
The jury to whom the case was submitted was
composed of the following citizens
James Flint, foreman Terrence Mcconnell, Jr.,
Patrick Lane, G. F. Mowers, John Lahy, Michael
Flynn, Alex. G. Jones' Charles Gunger, Armand
st. Armand, Jas. S. Brandon, Michel Appel and
Bernard Bedler.
After being out about an hour the jury were
returned into court, and the foreman stating that
he believed they could not agree upon verdict,
they were discharged from the further eonsidera.
ton Of the case, and it was continued for another
trial.
For plaintaih, ]. G. Coleman. For defendant,
Bradford, Lea & Finney--the latter conducting
the case.
DEPUTY WARDENs OF THE Misunderstanding
Mayor Clark has appointed James Madden and
Francis Mitchell, deputy wardens of the work
house.
CONFEDERATE DEAD.-We learn from private
sources that the remains of Lieut.. Theodore Zach
arie, formerly Of Dreux battalion, and of R. Nc
Kay Spearing, formerly of the Washington artil.
lery, are daily expected here from Virginia No
tce will be given of the celebration of their
funeral obsequies.
II, So. -
1no Aptli uesollp"oh' nsl Sunshlne' nan Tears
Inc ia'IgF were very coplous, so niuch SO tnat we
Siiouia inc resi- no" iloli' 'n"S ANA Oh 'nlng'
FENIAN FESTIVAL grand festival will, we
are informed, be given on Sunday next by the
Fenlan brothefhood' Inc ahar we are satisfied
Will be one OF the great outdoor events of the
season. me preparations, we understand, are in
the right KIND OF hands' we shalL look for an en-
tertalnlnent Oh the most pleasant description.
CR1oKEr.-The last cricket match plaved nv tbe
married and single men of the Crescent City Club
resulted in victory, but close one, for the
doubleteam members, but it was so close that
their opponents had nothing to complain of, ex-
eept mere defeat. ..
STOLEN PROPERTY REcovERED.-A few nights
ago the residence Of Mr. Bonzano, No. Ii Robert
son street, was entered and ouantitv of ieweIrv
was stolen from the armoir. The affair was com
municated to Lieut.. Manning, who detailed special
officers Graham and Pecora to look after the mat,
ter; and they have done so with commendabe
success. They have discovered a portion of the
stolen property, consisting Of shoe buckles, belt
buckles, ring, shde ior watch chain, and two
watch chalns-all the articles being Of gold. They
have also succeeded, after a great deal of keen
searcbur in orressnq two rouno relI,,us -nor,od
WV o'u5 AeI1"' A''ti'eo
hehIy oahVInl ana Johnny Hartmann VINO are ac2
cused Of the robbery,
: |,