The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-15

msudere, Gems. Hancock, Buchanan and Rous.
sfau. has been ordered To Iroceed TO "a h'og'on,
on twenty days leave, in charge OF official re
cords of this department.
JEFFERsoN PARIsn.-The case Of the negro
brute, sam. Milton, accused of having. some
time in October last. committed heilish outrage
upon the person Of q white child named Antonette
Gardinet aud thereafter drowning her in the Mis-
sissippi river. the particulars of which were so
atrocious and disgusting came mp yesterday for
trial before the Second Judicial District Court of
the parish of Jefferson, on different charges,
among which are rape and murder.
4. The appearance Of the negro is considerably
Uttered from what il was some months ago. and
since he met with the terrible retrbution at the
hands of unknown parties, who. during the late
election excitement, during the night broke into
the Parish Prison and shot Milton and another
negro. leaving them for dead. Milton, who was
shot through the head, survived, bat is now en-
trey blind and other wise manned.
The plea which will be brought in palliation of
his dastardly and almost unparalleled crime, will
be that at the tire of It's commission he in
sane. Milton's mind is said to be considerably
changed at present; but whether he was insane
or not when he committed the crime will have TO
be determined by the jury. After the examina
ton of three or four witnesses in the ca Q. about
A O'Clock, the judge ordered the postponement of
the until this morning and the confinement
Of the jury, TO the great modification OF the lat
ter.
We CALL the attention of the public to the im-
portsnl decisions Of the Supreme Court, which
will be found on the second page OF this mornings
issue. tr
TIE SECOND rNsTALLMENT of notes of the sub
scribers 10 the Opera House will be payable on
the 18th inst at the same bank as the installment
of last November.
coLokED WOMAN NAMED ADELE, residing at
No. IL old Levee street, accidentally shot herself
in the leg with arevolver on Sunday evening. The
wound is not dangerous one.
FIvs DEATHS FROM OLD AGE were among those
reported last week. two of them being ofscentsn-
arisps. colored woman died In Algers last
week, whose age was computed to be LIS years.
coLoRED MAN came into the First District re-
corder's court yesterday with note in his hand
and inquired for man named "Mr. Rebeccs."
+" Mr.. Becker, you mean,n said the clerk. " faas,
yass, sar, dats de name, Mister Rebecca."
CORPORAL NELSON reports that some time dur
ing Sunday night an unknown thief scaled the
fence Of the house Of Mr.. Jip, corner of First and
st. Charles streets, and stole the piano cover,
pair of boots and thermometer. The thief was
disturbed by dogs In the house, but succeeded in
making his escape.
MmTARY.-Brevet Major J. NJ, Brown, assist
ant surgeon, United States army, will proceed to
Little Rock. Ark, and report to the commanding
general and TO the surgeon-inchief, District OF
Arkansas, for assignment to duty at Port Smith,
Ark.
Brevet Brigsdier General Thos. H. NELL, major
twentieth infantry, will proceed to Washington
City, ID. G., in charge OF official records, Upon
the completion of this duty he is allowed to de-
lay twenty dsys, when he will return to his duties
at headquarters.
FOURTH Dr. TRICr CoUBr.-Judge Theard has
rendered the blowing decision in the case of Mrs.
Antonio Besabcon vs.. mayor and aldermen Of city
of New Orleans In this case submitted for ad
Indication. the law and the evidence being 10 favor
of plaintiff, and for the reasons assigned orally in
open court 1t lie ordered that judgment be in favor
OF plaintiff, sdjudging her entitled TO the property
in batture in front of the property certain lot of
ground in fsubourg Saulet. second Municipality.
An examination of the papers in this suit will
prove of great interest to all riparian proprie-
tors.
SIXTH DISTRICT CoURr.-In September, 1867,
Robert Howes instituted suit against the city of
New Orleans and the Firemen's Charitable Asso-
citation on the following grounds That he, petit
toner, was owner of ten lots OF ground In
the Third District, with buildings aud other i'm
provements thereon, afiording accommodation for
fifteen families, and worth at least $50 500. That
petitioner occupied one OF the tenemeDts as
dwelling for his family and himself. and that his
furniture and other household property were fully
worth $500. That the other tenements were all
rented at good and profitable rates.
Further alleges that the corporation Of the city
makes annual assessments upon all real aud per.
sonal property and collects taxes thereon, all OF
which taxes and assessments due by petitioner
we're paid by him. That by reason of such as
sessments, taxes and the payment thereof, the
city assumes and by law is bound to protect all
citizens in the preservation of their property from
destruction by fire. and to this end has sold the
contract for the extinguishment Of all fires for and
during the period of i've years, from December,
! 1866. TO the Firemens Charitable Association,
with l. N. Marks its president, for $l20, 900 per
aunum, paid monthly. That in pursuance of said
contract the association was to have at all times
| on duty certain number of fire engines, worked
by certain Number Of officers and men for each,
ready At the first alarm to extinsuish
these conditions, nearly all the fremen
on the 18th of May, 1867. with their engines
hooks and ladders, etc., aud, by permission OF the
Common Council and the charitable association,
repaired TO the Fair Grounds, some miles distant
from their engine houses, where by law they
should have been, and spent the day in feasting,
fun and frolic, and, whilst thus engaged, fire
broke out in a building on the same square with
petitioners property, but at some distance OF.
That by reason of the absence Of the fremen and
their engines from duty as aforesaid, the fire CON-
municated to and destroyed all petitioners prop
erty on that square. together with valuable lot
of building material on one OF the lots-al the re-
suit of the carelessness, want OF skill, wrongful
and illegal acts Of the Authorities Of the city of
New Orleans, and of the president, officers and
members of the Firemens Charitable Association,
in prohibiting any other organization for the ex-
tiDguishment Of fires than by those embraced In
the Firemen's Charitable Association, and then in
abandoning their post of duty for whole day
without providing and leaving adequate means to
extingush any fire that might occur during their
| temporary absence.
Therefore sues for s35 900, interest and costs
I Race a Foster and I Merrick for plaintiff.
| similar suit by another person was instituted
| at the same time, and the two have been cons0li'
dated. and testimony is now being taken before
the clerk of the Sixth District Court. The case
| will soon come up for trial.
US. CIRCUIT CoURr.-In the case of the United
| States VS.. Michael Common, ct ais, examined some
! time since before u. b. CommissIooer w Afren'
\ UpVn onas --,-uEutcr In 1crreDonne par
ish. and subsequently, committed to appear before
the U. S. Circuit Court for trial. apple alton for
writ of ho6eds corpus was argued on Saturday
the ground taken by Col. Field, counsel for &C.
cused, being that the examination and commit.
ment, under the civil rights bill, had been defec
| tive, inssmuch as it had not been proved that the
local tribunals in that parish had refused to admin
| isier justice IN the case. TWAS therefore argued
that the case did not come under the urisdic ton
! of the U. S. court. Having listened to this argu-
ment, and TO that Of the district attorney In oppo.
sition thereto, the court declared the commitment
defective, and the accused were thereupon dis
] charged from custody.