The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-20

the credit of defendant which moneys II is claim
ed belongs to the United States, ordered that
John g. Gaines, ESQ.,, president of said bank, be
required TO pay over to the United States marshal
said moneys, to be by him safely kept to await
further action of court.
UNITED STATES DISTRICT ATTORNEY MORGAN
has officially notified 10 Assessor Woiiey that to-
day. in court at IL A. NJ, he will take rule upon
the claimants 20 the Nimrod johnson distillery,
seized and bonded at $4,000, to show cause why
the amount of said bends should not be increased.
In THE UNITED STATES CIRCUIT COURT it has
been ordered that in the of the United States
VS.. Bsttijora Roberts, the attorney for defendant
be permitted TO argue the rule in arrest of iudg
ment at IL A. NJ. to-day.
Mr.. N. Z. BAILEY, having given to the United
States Court satisfactory proof of his suficeney,
has been accepted as surety upon the bond of the
defendant 10 the case of the United States vs..
Vinegar Factory and j. K. Bailey, owner.
SIXTH DISTRICT CoURT.-Ninth January last
Henry l.. Zebal, of New Orleans, fled petition
before Judge Cooley. to the effect that In Noven-
ber, 1857, be married Emily X. MCCARTHY, daugh-
ter of Patrick Mccarthy, Of this city. That Pat
died after the marriage, and that his so.cailed
spouse still resides here. That, at the. time OF
marriage, petitioner was induced to believe that
said Emily was white and of the white race, and
that under that impression he married her. That
Immediately after the marriage, petitioner dis
covered Emily to be a colored. woman. q descen-
frat 4Sss saa marriage between petitioner, who Is
white man, and Emily, was prohibited at the time
of the marriage, and is 81 absolute nulity.
That immediately on fn1ing Emily to be col
ored person, petitioner left her and has not lived
with her since but that Emily holds herself out to
the world the lawful wife of him. the petitioner.
That she publicly claims not only TO be the lawful
wife of petitioner, but also. equally publicly,
claims 10 be entitled to a share In the ecQuets
and gains of petitioner, as belonging to legal
community of acquets and gains between the mar
ried parties. Petitioner denies the existence of
such community. He claims damages on account
of the aforesaid preteIsions OF his colored bride
in the sum of $40 600.
Petitioner therefore prays for Judgment decree
ing the marriage, for the reasons stated, null and
void snd for ten thousand dollars damages aud that
the bride be forever eDjoined from claiming to be
his lawful wife. Cooley and Phillips for plaintiff.
January 20, plaintiff amended his petition with
the statement that defendants father, Pat McCar-
thy, is coored man, and therefore plaintiff q
whilom bride is a colored woman.
February 4. The dusky or the fair bride, as cir
cumstances may decide, filed peremptory ex.
ception, averring that the petition contains no
cause of action, and praying to be dismissed with
costs.
Judge Cooley, yesterday, on the trial of the
exception, dismissed defendants plea. and or.
dered her to answer to plaintiffs petition. The
court room lobby was flied with curious niggers
of both sexes; but Judge Cooley gave his deci-
sion in the face of them, and the defendant viii
have to prove the legality OF her marriage under
the laws existing at the time of its solemnity,
else be deprived of any share in her umquhile
lord and masters acquests and gains.
SIXTH DISTRICT CoURT-Joltn AYTOIosnlids Us.
City of Nelc OrleGaS-Tt TtcO SUITS Consolidated
Nos. 10 76S and lO7.-Plaintif purchased large
extent of real estate, the vendor guaranteeing
certain rights. This was long time ago, when
nobody had any idea that the city would have
spread as it has spread since. The city autho-i-
ties found il necessary TO make streets all through
this property, in the interests of the population.
For this so.called usurpation and constructing of
streets and sidewalks, Arrowsmith sued the city,
and on Thursday Judge Cooley gave long. very
well considered and able judgment, and reasons
for judemeet In favor of defendant, the city OF
New Orleans. Mr. ArTowsmith shall, therefore,
obtain nothing for his suit.