New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-06-28
INTERESTING SURF ron DAMAGES
CrueI Treatment Of NJ Union Man I'm
BnPIdes Parish Five Hundred Dol
lars Damages Awarded

Cruel Treatment Of NJ Union Man I'm
Bnpldes Parish - Five Hundred Dol
lars Damages Awarded
United States Circuit Court, before Hon.
E. H, Durell and a jury.-pennis g. Haynes
VS.. Archie Smith and Yaasaux.
This was suit brought to recover dam
ages tor assault and battery committed in
September, 1868, in the parish of Rapides.
The facts of the case asdeyeloped by the
testimony are that some time in the month
of September, 1868, while the plaintiff was
at his home in the parish Of Rapides q com
pany of rebel guerrillas were brought there
under the guidance of Archie Smith, the de-
fendant in this case; that Captain Haynes
was taken prisoner by thisrebel gang taken
away from his house some thirty miles
to place where he was put
undev guard. in place ofseah finement; that
shorty afterward he ESCAPED, aud was max.
ing his way toward hishoIhe, when he found
himself in the vicinity q the house and
| plantation of SMITH; that Van Saux
| took him to Smiths house, when Smith
| seeing him called cut 10 his (Smi .h's)
| wife to bring his double barreled
shot gun. Haynes hearing this, turned to
retreat, and coming upon the high road,
| demanded of Smith and Van Sa1x to let
him pass on, stating to them that he was
| unarmed while Van Sank had pistol and
Smith was preparing to use his shot gun;
that Haynes also reqnaeted Smith and
& Van Saux to let him go home !;
these requests of Haynes, Smith and Van
Salx refused to grant, and while he was
parleying with these men Van Saux shot
Haynes in his right shoulder, the ball pass
ing through and into his right breast.
/ t,I a. AZ.
swamp when Smith and Van Saux took
Haynes and put hims on horse,
which they whipped, aud drove him in
his dangerously wounded Condition for
/ distance of some six miles b the headauar.
ters of gang of guerrillas, under the com.
maud of one Ivy, when hewas put in an
iron cage, where he was kept for several
days without any one to care for or attend
to the wounds which had been inflicted
upon him.
While here the question Vas debated aud
put TO a vote whether Haynes as Union
refugee should not be shot, and while the
guerrillas were awaiting he coming of a
noted desperate, called bloody Martini y
who had murdered a great nlmber of Union
refugees in northwestern Louisiana,
Haynes escaped and took to the swamp
with two of his young sona
This assault, for which his action was
brought, was committed on or about the
7th Of September, 1868, and In 1855 Captain
Haynes went TO the parishAf Raoides and
made an unsuccessful attempt to obtain
justice for the wrongs andiiniuries which
had oeep infieted upon him BY the parties
in this suit. rf
Failing ia this, he came to this city. and in
July, 1866 eommenoedithis apit BY the serv.
ice of q citation and petition on Smith,
under the provisions ofthe act of Congress
known rs the civil rights bid. NJ ~ sisf
General David Stuart appeared In
the suit as the attorney and counsel for
Salith, and interpased an exception
to the Jurisdiction of the court, which
in the month of Msy last Nhs overruied by
the court, aud subsequently, ,aa answer TO
the plaintiffs petition was fled in which
Smith asked q trial BY jary.R itag
Captain Haynes IN the course of
his testimony stated that In the year
1868, he acted rs the guide to the expe-
dltiOn of General Franklin up the
Bayou reehe, jand In 1854 comm ahded a
company Of. Louisiana scents, a regularly
Organized body Of soldiers mustered into
the servicea Of the aUnileda states in the
month Of april 1854, which body of meu
did efficient service tor the United States
governments IN north Western Louisiana, g
IL was also proved Ia this case that no JUS
tice could De obtaihed for Iininn or loyal
nlan in the parish Of R&pides, by one
question which was put TO- Mr.. Calhoun, a
witnessfOr the Plaihtif, By General Stuart,