The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-01-28
THE MCCARTHY ELECTION CASE,
A Suit Against the Management of the Opera
House.
Fifteen Hundred Dollars Damage Claimed

The following is the copy of a petition filed in
the United States District Court on Tuesday, by
Col. A. 2. Field, attorney for v e. Mccarthy,
who was elected from the new Opera House on
Tuesday evening, the 10th instant:
Of the United States Tor the district of Louisiana:
Your petitioner, Victor E. Mccarthy, a citizen
OF the United States, and born in the State of
Louisiana and resident Of the city of New Or
leans, respectfully represents that E. Caabresi
and Alhaiza, being the proprietors and managers
OF an opera company giving performances at the
Opera House on the corner of Bourbon and T0u.
louse streets in the city of New Orleans. and H.
censed as such by the authority of the city and
State as theatrical company, their entertain.
ments and performances being open and free to
the public upon the payment of the price of ad.
Calabresi and the said AIhaiza, proprietors and
managers OF the said opera company,
performing at said Opera House as aforesaid
during the month of December, 1865, and the
month of January, 1869, did. on divers occasions,
by their servants and agents and others belong
ing to said company, sell TO your petitioner for the
stipulated and regular prices, tickets emitting him
10 admission to the parterre in said Opera House
during their exhibition and performances, and
your petitioner, on every occasion when he had
purchased tickets as aforesaid, was admitted to
said parterre and remained during said perform
ance without any hindrance and delay and your
petitioner expressly AYERS that the said defendants
being the proprietors OF said opera company, and
licensed TO give public performances, and did 30
give them, that being orderly, quiet and well be-
baved, he had the right, upon the payment of the
rates fixed by said manager and proprietors to
admission to said Opera House to participate in
and enjoy the performances of said company
without interruption or molestation and your pc
ttioner further AYERS that on Monday night the =
OF January, he purchased and paid for a ticket of
the said agent of said managers, and was admitted
to his seat In the parterre of said Opera House,
and AknwA
mances, and properly and orderly demeaning him
self, when he was without cause or justification,
forcibly elected from his seat in said parterre and
compelled to leave the Opera House by the control
ler agent and manager of said defendants and that
such expulsion and forcible election from said
Opera House of your petitioner as aforesaid was
IN the lpresence OF large number of persons
there assembled in said Opera House. and was
calculated to and did degrade him in the estima.
ton OF many persons so assembled, and the motor.
iety and publication by the press of this city of
his expulsion as aforesaid from said Opera House
has caused great damage to the character and
reputation OF your petitioner, and greatly out
ragged bis feelings, and entities him to recover
vindictive damages against said defendants for
their wrongful acts as aforesaid and he AYERS
that he has sustained damages for the wrong
aforesaid to the amount of $500. And your petit
toner further AYERS, that being person of color,
and advocating the principles of the Republican
party and the equal rights of all persons strong
prejudice exists against him in the community that
he cannot enforce his rights and recover for the
injury committed, in the courts of the parish of
Orleans, and he is compelled to resort to this
court for redress under the provisions
of the civil rights bill passed by Congress The
premises considered, your petitioner prays that
the said defendants, Cslabresi & Alfalfa, propri.
etors and managers Of the opera company of
New Opera House, in the city of New Orleans,
them to appear and answer this peti.
ton, and after due proceedings had, they be CON
demned in sOidO to nav yOur petitioner the said
sum of $500 damages aforesaid with interest from
judicial demand, with all costs, and he prays for
general relief and trial by jury. A. P. Field,
attorney for petitioner.