The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-19

mont leaves today for Alaska where he hs. -
ordered, stopping, however, at Washington ~
route. en
0ficer Benson. on Wednesday evening. con.
veyed to the Charity Hospital citizen OF Franz
lin parish. Mr.. ]. D. Thomas, passenger on ths
steamer Leo, who, falling down on the Rsnrvsv
had fractured his arm.
Inspector Of Customs Cook, on the fifteenth in.
from Havana, Eve boxes of cigars and 4 bundle
Of cigarettes, not entered on the vessels manifest
The latter articles were found, concealed BY par
ties unknown, IN . barrel OF hard biscuit
well covered up. and the former in hole at the
stern Of the vessel covered up with clothes. Az
was previously stated this does rot implicate the
vessel. .eEFr1F flI9f 4 81 -
A Mexican, named Pedro Beol, was srrestes
about half-past seven O'Clock last evening at thu
corner of South Market and Peters streets, bv
Officer McDermott, having in his possession I
sack containing 975 cigars. supposed to have
been stolen. He claimed that he had the cigar
entrusted to him for sale, and that he was engaged
in selling them when arrested. 4 charge Of
carrying concealed weapon. dirk-knife, WA
also entered against him.
Judge Emerson, Of the Third District Court.
yesterday lost his little son, about three years old
but found him q short time afterwards at the
third precinct station, opposite jackson square.
Casualty.
A driver named James Curtney fell of his float
on Commerce street, about Q quarter past Last
evening, and bad bis leg broken. He was con-
veyed to the Charity Hospital for medical attend
snce.
/ FIRST DISTRICT CoURr.-The case OF the State
of Louisiana vs.. j. g. Gregor, charged with the
murder Of Heron, mate of the steamer Gov
Allen, was called up yesterday. The accused
plead ''notsuilty," whereupon he was remsnded
for trial.
NoIle prosequi was entered in the case Of
John Frazier, accused of wounding less than may
hem.
The case of Charles Morgan and Sam wiIso,
alias Buck Sam, charged with the murder OF a
colored man. over year ago, In the Fourth Dis
trict, were arranged before the barof this court on
the order of the Supreme Court granting them nsv
trial on account Of informslity in the proceed.
ings on the first trial. Chas Morgan was remsnded
to prison and Buck Sam allowed to 60 until turtle
notice on $500 bond.
UNITED STATES DISTRICT CouRr. wine
case-United States VS.. wine claimed by Piageio
Co.-occupied the attention of this court an
day, and may be continued for several days yet.
FoURTn DISTRICT CoURr-The following decJ.
sion was delivered day before yesterday by Judge
Tbesrd:
s. L. James vs.. Pike. Lspeyre & Brother-piks.
Lspeyre q Brother, banking house Of this CITY.
in May last discounted q note Of J. B. waltonf
Deslonde for $500, due IA June, 1868. 10
secure the payment of this note at maturity, s. l.
James executed an act of pledge, In the usual
form, and deposited thirty-one shares Of stock h
the st. Charles Street Railroad Company In the
hands Of the PLEDGES. -f
On the maturity Of the note of Walton & Des
londe, Mr.. Walton requested Mr.. Pike not to pro.
test their note. This request Mr.. Pike acceded 10
until the llth OF June, when the note was pro-
tested.
On the 18th of June. James, the plaintiff, oh
tanned an Injunction from this court upon com.
plying with the law, restraining Pike, Lapeyre &
Brother from disposipg of or selling the stock
pledged, upon the allegation that he, being
premises by the extension granted by Mr.. Pike to
Walton d Deslonde from the 4th to the llth Of
June. ~
This position would be correct il Mr.. James
were the surety of Walton Deslonde. Bat he
g not. There is no contract Of suretyship here,
but one of pledge.
II Mr.. James had been the surety of Walton &
Deslonde ; If his name had been on this paper Is
An endorser, then he would have been liable for
he whole amount Of the debt, |. Q. $500, on the
allure Of Walton Desloude to make payment.
And, in that event, he would have been entitled
% promptnotice Of the failure of the principal
iebtors TO pay, and would certainly have been
eleased If Mr.. Pike, the creditor. had granted
lnys extension OF time whatever. @. @. 5000.
zoos, 30l4.
But where 10 the contract of suretyship for
uretyehip cannot be presumed, 1t must be ex.
PRESSED. G. c. 300S.
)eslonde there should be an obligation on his
'art to pay their debt of $500, If they did not
md no such undertaking by Mr.. James. II the (
hirty-one shares of railroad stock had declined in
! Brother would have had no claims whatever on
dr: James; for to the stock alone they had
esponsibility.
Mr.. 8. I. James simply pledged certain stock to
Ike, Lapeyre Il Brother to secure the payment
4 the debt Of Walton Deslonde. "a person
nay give pledge not only for his own debt, but
or that Of another also.n G. c. sl0s. 177l
And Pike. Lapeyre & Brother, under the acts OF
s66, p. 266, being so authorised by the act Of
Without the Intervention Of court.
The case Of Lalande, In Is, Annual, referred to
y counsel for plaintiff, provides the manner Of
making a pledge, according to the civil code. and
ne pledge, just as Pike, Lapeyre 4 Brother have
een In this instance.
Considering then, the law bearing upon this
ase, and the admission OF counsel for plaintiff In
pen court that the services of Messrs. Hays and
lew would be worth one hundred and fifty dol.
lrs, II they set aside the Injunction herein Issued:
Is ordered, adjudged and decreed that the in-
,nction issued on the 18th june 1868, DO dissolved
nd set aside, with one hundred and fifty dollars
pecial damage and costs OF suit.
ID in the divorce suit Of Marie l.. Bougere vs.. J.
|. Hebert, her husband. The suit was brought
lugust 8, 1867, and only came to q direct trial on
Wednesday last. No testimony was taken except
Or the plaintiff the defendant giving his free con-
emit to the divorce. The plaintiff retains control
( her three minor children.
Police Items.
RECORDER GAsTINEL's CoURr.-0liyer Price,
harged with larceny, was arraigned before the
ecorder yesterday and remanded to await that
be day OF bis examination be fixed.
Theodore Brouet, accused by his father Of being
leane, was sent TO the insane asylum.
J. Emossy alias J. B. Williams, charged with
lrceny, and Jules Pons. charged with assault and
artery and malicious mischief. and DIR. Thiele,
harged with carrying concealed weapons, were
emit for trial before the First District Court. The
ecorder also disposed Of several minor cases. such
8 drunkenness and disturbing the peace, by fining
be prisoners in sums varying from 81 so to $40,
nth the alternative of enjoying the Inequalities
I the parish prison. Otherwise the Second Dis.
rict presents healthy moral appearance.
RECORDER BEcKBR's COURT. Joseph Justin Tor
'hestin), charged with being a murderer add
fugitive from justice in Mobile Gas mentioned
lsevhere). was remanded to await requisition.