New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-16
A CIVIL RIGHTS CASE.

Manages nRnInsL the COnstabIe and
ToVHh Cou"ci' of WashingtUn NJ. I.nn-
cry Parrish, for RtmOvinx "a sick Man
from His own Hose 10 "a ShnnIy.
In the United States District Court yes.
terday, before Hon. Z. H. DurelI, the case
was decided of Claiborne Groom VS.. Actheon
Carriere, f. L. PItre, 8. A. Scrlbner, Henry
Lastrop, ian Fauret, and John ReeG.
This was an action brought by the plain
till, freedman, against the above.named
defendants, to recover damages for a
trespass in taking and removing him
from his dwelling house in the town of
Washington, parish Of st. Landry, while
sick with he small pox, to shanty erected
some three-a quarters of mile from the town
limits by the defendant Carricre, the town
constable of the town of Washington, under
orders from the other defendants who com.
posed the Town Council of said town.
The case was tried before jury, and the
facts which appeared from the testimony on
the trial were, that in the month of Jan
uary, 1867 the plaintiffs family were taken
sick with the small pox, of which sickness
the plaintiffs wife died; that Immediately
after the death Of the plaintiffs wife the
plaintiff himself was taken down with the
same disease, and while lying in
his bed at his residence, the de.
PENDANTS, through Carriere, the con
stable directed the removal of the
plaintiff from this house to the shantv
which had been put up by the authority OF
the town council; chat the removal took
place ON the thirteenth of January, 1867, on
u cold inClemcnt day by the plaintiff being
carried out ou his own bed and bed clothes
put on cart, aud conveyed to the afore.
said shanty, where there were packed some
eight other colored people afflicted in the
same manner AS the plaintiff.
At the time the plaintiff was brought to
the shanty, there was no fire or other arrange.
ments made by the defendants for the care
or comfort of the persons who were placed
there; the only attendant or nurse was a
culored man. Here the plaintiff renamed
for the space oftwo weeks, when owing to 10
good constitution he partially recovered
and WAS allowed to return to his dwelling
house. On reaching his home the plaintiff
Gi covered that owing to the neglect of the
defendants in the case of his prNnertv he
had lost and hnd stolen from him some
$500 worth thereof IL also appeared in
evidence that Captain Amrcin, the agent of
the Freedmen's bureau stationed at Opelou.
saS went over 10 this shauty while Groom
ard the other COlored people we're in it. and
made an examination in person of the place,
and demonstrated with the defendant Car
Tiere against the iuhumanty of the treat.
meut Of the inmates Of this socsllcd pest
house or hospital. lt also appeared that
though there we're white persons in
the town afflicted with the same
disease none of them were re-
moved TO this shantv by order of
this humane town council for the reason
stated by S. A. Scribner, one of the de.
trndants in the presence of two other de-
PENDANTS, to Il justice of the peace of the
town named Read that 1.-THE shanty was
built to put the id nlggers ill.,"
Three physicians of the place were ex.
amined US witnesses on the part of the de-
PENDANTS, nOr of whom attended upon the
poor suffering cOlOred people who were put
into the place stated, so that out of seven
OF those people there at the tine Groom
was removed only three survived the ex-
posure.
One physician, an army surgeon. DR..
William Wiser, Of this city, was examined
for the plaintiff, and stated in obedience to
an order from General Mover he went to
Washington In February 1867 and made
an examination of this shanty where Groom
had been put, and he characterized the
place by the title Of cuw.shed, and totally
unfit for well persons; and the putting of
sick persons there as an act of inhuman
harbariiy.
rhe case for tho plaintiff was ably con.
Quoted by Messrs. W. II. Hunt and R. II.
Shannon, and Tor the defendant by General
L. A. sheldon.
After a clear and lucid charge from the
Judge upon the aW Of the Case the Jury re.
tired, and when absent half an hour re.
turutd into court With verdict in favor Of
the plaintiff OF $1,000 damages, with costs.