New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-16
THE COURTS.
Sixth Dfstrict Court.

Having large landed interests 10 sc.tio II
the State Of Virginia, and his presence peing g
| ter part of the present month, both in Havrt
| and Paris. in the Empire Of France, on ac
| count of several law suits pending before
| the tribunals of said cities. he contemplating
| leaving the city Of New Orleans toward tht
| latter part of June, for the State of Vir
| ginia, with the intention to proceed thence
to France with his family, consisting of his
wife and child
In filrtherance of his intended voyage
first to Virginia and thence to France, he
did, on or about the eighteenth of June
ship on board of the ship st. Lawrence ia
vessel which he then supposed to be OF
British nationality, but which he subse
quently discovered to be an American ship
navigating under British colors), then lying
in this port, and bound for Havre, in
France. two certain cases of goods contain
ing sundry articles of wearing apparel and
household goods, belonging to himself and
family, and a family portrait, the whole OF
the value of about two thousand dollars.
The ship was advertised to leave on the
twenty ninth of June, and received on
board the two cases for transportation, but
owing to the fact that fire, through some
unknown cause, broke out in the vessel on
the evening of the twenty-eighth Of June,
her departure was prevented.
Petitioner represents that apprehending
the loss Of the two cases, should they
remain ON the vessel, and anticipating
no possibility of the ships leaving this port
by reason Of her damaged condition, he, on
the morning Of the twenty-ninth Of June,
while on her deck, demanded Of her cap
tain the return of his two cases Of goods,
which was refused.
Subsequently, claimant made several at
tempts to obtain possession of the property,
which were Intellectual until about the first
of this month, when, after much trouble he
was successful in procuring the two cases
of goods, and which he had placed on the
wharf, with view to having them removed
back to the dwelling.
Petitioner further AYERS that while the
two cases were on the wharf, and he in
structing a drayman to haul them away,
one George A. Fosdick, Of this city, per-
feet stranger to petitioner, stepped forward,
and interfering with the drayman, pre-
vented the hauling away of the two cases !;
that said Fosdick then, by force, took pos
session of the cases. had them hauled away,
and has ever since kept petitioner out of his
lawful possession thereof. under the pre-
text that they were a part of the cargo of
the ship st. Lawrence, saved from her
wreck, and, as such, liable for contribution
upon the average settlement Of her loss.
But petitioner now here further alleges
that all the above acts and doings Of the
said Fosdick. and the pretended liability OF
petitioners two cases to contribute to the
loss sustained by the vessel, was the result
of a preconceived understanding between
the said George A. Fosdick and George NJ.
Nichols, the captain of the ship, to deprive
unlawfully and maliciously your petitioner
of the use and possession of the contents of
his two cases, and, furthermore, to vex. an
nov and harrass him unnecessarily. That
these unlawful acts of the captain and the
said Fosdick have been quite vexatiOus and
harrassing to petitioner, and have caused
him much damage for which they and the
owners of the ship are liable jointly and
severally.
tentiOn of his property, his intended de-
parture from this city has been prevented:
that in the meantime his interests abroad
are suffering heavy losses: that he and his
family being strangers to this place and ex-
posed to the inclemency of the season, are
labOring under much mental suffering in
consequence of their forcible detention here;
that for these mental sufferings, the mn
necessary trouble he has been put to by
the said Fosdick and the captain and own
ers Of the ship, he is entitled to recover
from them In IN sOfido. exemplary damages
to the amount OF $4,000
Petitioner further AYERS that the addi-
tiOnal expense he has been and will be put
to, will amount to the further sum of $1,000
He asks that the two cases and their con-
tents be sequestered to abide the issue of
this suit and that he have Judgment for the
full amount of $12, 900 as damages.
Eighth District COurt.--Suit for Damages.
George Gallagher VS.. q. d. Brinckman.-
In this case, plaintiff alleges that on or
about the thirteenth of june, 1870, he was
grossly abused and violently assaulted and
beaten by the defendant. Petitioner shows.
years past an invalid, suffering from bodily
infirmities, rendering him unable to attend
to his ordinary avocation, that of book
keeping, and barely able to walk without
assistance. That on the morning aforesaid,
the said Brinckman, without any provoca-
tion, and while petitioner was ON his was to
the market, commenced abusing petitioner
in a vile and outrageous manner, to which
petitioner paid no attention, but kept ON
way, and when returning, the said Brinck-
man crossed the street and came to peti-
toner, and caught hold of him and struck
him several blows, to his great hurt and
damage, which, owing to his weakened
condition. in consequence of his long illness
as aforesaid, petitioner was unable to re-
sist. For the acts complained of. plaintiff
AYERS that he has suffered damages in the
sum of $4,000.
Petitioner further AYERS that on the same
day the said Brinkman went to his house,
while petitioner was absent therefrom, and
grossly insulted and abused the wife and
family of petitioner, and in consequence of
the excitement and suffering caused thereby
the wife of petitioner, whose health was
also delicate at the time, was confined in
bed for several days, from which petitioner
mas suffered damages in the further sum of
e5O00. In view of these alleged facts peti-
ioner AYERS that the said Brinkman is in
lebted to him in the full sum of $4,000, for
which he asks judgment, with costs of suit