New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-05
THE COURTS.
second District C0urt-Successi0n OF John
McDOnOgh-MOses Fox Claims $3OO,.

that John McDonogh died in 1850, leaving
| vast estate to the cities OF New Orleans
| and Baltimore He AYERS that he is the
| nephew Of McDonogh, and that by an olo-
| graphic codOcil to the will OF the deceased,
| the petitioner was made a legatee i'll the
sum of $500, 600 He says that three Judges
of the Supreme Court of this State. COM
posing a bare majority, have heretofore de-
| cided that the proof of the execution Of the
| codicil was not sufficient and that two OF
the Judges held that the proof was suffi-
cient. His claim to the legacy was there
| fore rejected.
| He saws that the decision of the Supreme
| Court does not preclude him from now pro-
ducing evidence of the genuineness OF the
codicil. and that since the decision he has
| discovered evidence by which he can prove
| that the codicil was wholly written, dated
and signed by the testator. He therefore
revives the suit, and would have done so
sooner but for the lack of pecuniary means
to pay the expenses OF litigation.
Legal Splendor.
A Louisiana lawyer rarely aims At ele-
gance in the language of his pleadings. The
following answer. recently filed in the Sec
ond District Court is. however a splendid
exception, and is as elaborate as Sam John
sons epistle to the Earl Of Chesterfield:
Mary Josephine Wineman VS.. Frederick
Wineman. her tutor-Now comes into
court the defendant in the above mentioned
suit. and for answer respectfully repre-
sentS:
That said plaintf, his only daughter, being
a minor about eighteen years of age. and
always tenderly cared for, without the
slightest cause Or premonitiOn, eloped from
the paternal domicile in January last. and is
reported to have then married a reputed
| minor, having no trade nor occupation where
by he could support himself, to say nothing
OF the superadded expenses of wife. Said
minor child. at the time of her elopement,
was pupil i'll the Madison School of this
city, and prompted by mercenary and
vicious influences, became the victim, as
defendant has good reason to suppose, Of a
foul conspiracy to seduce his child from all
the comforts of q respectable home. Under
these fatal influences. as defendant verify
believes. his child was induced to abandon
her studies, fly from the affectionate re-
straint of the parental roof and TO seek
freedom in the arms Of a minor like herself.
without experience. and destitute alike of
the means or ability 10 assume such a respon-
sibility.
Defendant VIII not attempt to suppress
the grievous modification which such an
| unlocked Tor dereliction from obedience and
propriety. on the part Of his child has in
tiicted upon him, but his pity for her mis-
fortunes supersedes any spirit of resent
uutHt ut ullSut uitUEallt leel 1Of SucH gross
disobedience. and he viii. therefore, take
measures TO relieve her from any actual suf-
terng, although he has seen her but once
since her elopement. and. after diligent in
quiry. he does not know where she could
be found
Defendant feels that. however sorrowful
the task. it is a sacred duty he owes to his
family and to society TO vindicate those pa
rental rights which are imposed upon him
nv the laws ot Cod and Of ba
III which the best years of his life have been
spent. To quote sentiment OF an eminent
chief justice, expressed in case similar TO
the one under consideration Second Annual.
p. 1881. defendant believes the paternal
power was one OF the main pillars of that
wonderful social organization which is the
basis of modern civilization. and which gave
laws to posterIty. on which society still
rests its support
Believing, therefore. under the painful.
circumstances of the case that any con-
siderable means placed in the hands Of his
said minor child Mary Josephine, who calls
herself the wife OF Fl. }. Schaeffer falso re-
puted TO be a minor, would tend only to
further mischief and probable dissipation
and debasement, and his said daughter hav
ing married without his knowledge or con-
sent, he now prays this honorable court to
grant him decree of disinheritance against
his said minor, Mary Josephine, under the
provisions OF article ia of the old. and ll2
of the new Code of this State, and that all
further action in said suit be dismissed at
plaintiffs cost
And defendant pravs for all further re-
lief that may comport with the laws.
New Orleans, July % 1870.
w. L. POOLE, for defendant.
The great William Rufus Crane was OBJ
served to shed tear of hysterical ad1nira-
off ba
In discussing the subject, Mr.. Crane de-
c1ared that the only causes for disinherating
a child in this State were ot1enses which, on
conviction. would send that child 10 the
Penitentiary or the Capitol. Rufus intends
to 60 to Congress, and says he is lucky TO
be an orphan, in actual possession Of the
princely estates of his ancestors.
Suit Against the Refrigeraring ship.
William T. Hepp vs. Braxton Bragg.-In
this case, tiled iii the Sixth District Court,
the plaintiff, who is president Of the Lousi-
ana lee Manufacturing Company, sues the
United States and West India Fresh Meat
and Fruit Preserving Company for S16s4 63,
the value of ice made in New Orleans and
furnished to the steamship Fire Fly, a vessel
engaged in bringing fresh meat fish etc
from Rockport, in Texas, to this city.
Petitioner claims lien and privilege and
asks writ of provisional seizure against
the vessel, directed to the president OF the
company. General BraxtOn Bragg The
writ was issued by order OF Judge Cooley.
and the Fire Fly is now under seizure and
in possession of the Sheriff, Thomas l.. Max
well, Esq.
United States COnmissioRer's Court.
United States VS.. A. Richoux.-The in
ternal revenue officials brought the defend
ant in this case before Commissioner Weller,
a charge OF selling Havana Lottery
tickets without paying the special tax pre-
scribed by law. Mr. Richoux was put under
bonds to appear before the United States
Circuit Court, at the November term, after
an ivestigation.
COTTON GINNED FOR THE SEED.-An ad-
vertisement in another column solves the
problem concerning the cultivation of cot
ton by small planters, whose business or
means do not justify the erection Of a
private cotton gin on their own premises.
Messrs. Seelye & Taylor offer to gin cotton
consigned to them for the purpose, to any
amount, for the seed alone. This places the
culture of cotton in the South in exact
analogy with the culture of grain in the
North and West. The farmer in those sec
tons pays a toll for the grinding of his
grain, and the cotton planter, in small
way, pays toll for the ginning Of his cot
ton-the toll in the latter case being the
seed alone The Importance Of such an
arrangement can hardly be over-estimated,
when it is considered that the vast majority
of all the cotton cultivated hereafter will
be by small farmers, who will derend on
the public gin, just as the Northern or