New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-19

Louisa bumm6FNll6, aQnlU1SUraJTlX OF
Edward Summerville, deceased, hbelant,
VS.. the steamboat Robert Z. Lee, her en-
Eines, etc.-Ihis action was brought by
Mrs. Louisa Summerville, as the admins
9ratrix of Edward Summerville, who, while
hand on board the Robert E. Lee, on
trip from New Orleans to Vic sburg, on the
tWenty-ninth of November last, was shot
and mortally wounded by one Hawthorne,
mate of the Lee, of which wounds Summer
vile died two days afterward A libel was
fled by Mrs. Summerville against the boat
to recover, first the wages for the trip; sec
Ond, expenses, etc, Of funeral, burial, etc.;
and third for $4,000 damages for the killing
of her husband Exceptions to the form Of
action were filed by r. H. Mari, proctor for
claimant, and Captain J. w. Cannon, which
exceptions were argued before his Honor
L. II. Durell, on the thirteenth of last
month, by r. ii. shannon, ESQ, for the
ibelant, and r. II. Mari, Esq, for the re-
spOndent and claimant, and the same were
taken under advisement by Jugde Durell,
who, on Friday, the seventeenth instant,
delivered the following opinion:
Mrs. Summerville ibels the steamboat
Robert E. Lee for wages due TO her late
husband, who, 1t appears, was engaged as a
rOustabOut on the steamboat on a voyage
from this city to Vicksburg and back. On
arriving at Bayou Sara, and while the deck
hands were engaged in taking ashore bar
rel Of oranges, by some accident it rolled
into the hold, where some of the oranges
were scattered about. Summerville, who
was standing by, picked up one of them,
when the second mate asked him where he
got that orange, when he replied that he
picked it up. The second mate then ordered
him to 60 up to the Office, get what was
coming to him and go ashore Summerville
said he had done nothing. The first mate
coming down stairs, int6rfered, and told
Summerville to 60 and get his money. He,
SnmmerVille, said he wanted no money,
upon which the first mate put his hand IN
his pocket and drew a derringer pistol.
Summerville, seeing his intent, took hold
of his hand in order to prevent him firing,
when the mate suddenly ierked his hand
away, and the pistol going off, shot Sum-
nlerville in the head, from which he subse-
quently died.
/ suppose that more violent and afro
cious case never was brought before court
than is exhibited by the evidence in this
record. It shows that the feeling with re-
gard to the black race on the waters OF the
Mississippi and its tributaries has not yet
died out as far as captains and officers of
steamboats, are concerned, when they are
white. The captain of this boat comes for
ward and gives his testimony, saying that
Summerville was very bad man, apt to be
insubordinate, and that while he was strug-
Cling with the mate somebody fred the
shot that killed Summerville; that the mate
was taken before justice of the peace in
Bayou Sara and discharged, and that was
the end of the business.
/ am extremely sorry that the United
States has not seen fit to extend its ad-
miralty jurisdiction over the internal
streams and lakes throughout the country,
with regard to crimes committed upon yes
sells navigating them, to the same extent as |
already given by its criminal jurisdiction !
over ships when crimes are committed on |
the high seas, that court might be found |
to do Justice and bring under proper re- |
straint the semi-civilized and savage race
of men who seem to be imbued with
greater violence the longer they move and
traffic upon the waters of the United States,
especially the Mississippi and its tributaries.
Mrs. Summerville not only hbels the
steamboat for SIS as the wages due her
husband al the time of his death, but she
also Ibels for $4,000 as damages caused to
her by his violent death on that occasion.
Murder, / must style it, and nothing else.
In open daylight, with forty people stand
ing by. and no one to see that jus tice was
done in any respect. That she shall have
$4,000 awarded to her as damages, and also
expenses incurred in the care of her hus-
band after he received his death blow, is
what is claimed in the libel IN this action.
Now / know of no law that gives to the
wife lien in admiralty for any damage
she may have sustained either in the suf-
fering or the poverty which has been
brought upon her as is alleged. The law of
this State saws, as sanctioned by the highest
tribunal of the State, "that when husband
suffers damage and dies in consequence of
it, the damage done to the husband shall
survive him and pass as property into his
estate, and his executor or administrator
may sue for that damage, and if recovered
it shall be administered as if the same
amount of money was left in the estate. If
he leaves children it shall be divided among
them like other property. or it shall 90 to
the payment of his debts"
Mrs. Summerville then. If she had any
cause for libel, should have libelled the
boat for damage, and as administrators had |
a right, and get the equivalent of the dam
age in money in that suit, the same as if it
were a note belonging to her husband, not
matuFed at his death but afterward fell
due.
/, therefore, viii not at this time give a
decree for the SIS wages and costs. will I
give costs to the present time to the libel
ant, because the party respondent only de- ,
posted the small sum of SIS with the clerk :
so as to protect himself against the costs if
the hbelant should recover in large sum. ,
There is no question whatever as to her !
right to libel for that amount. The captain )
sets up too, not as an Offset to her claim,
but as showing his Virtuous generosity in I
this case, that he spent 500 in removing
Summerville to a black mans house on the J
shore, and leaving some of his men to take
care of him; that he proceeded on his VOy-
age; that on his return SummerYille was !
dead, and that he then brought the body of I
SummerVille to New Orleans. All of which ! :
the law of admiralty compels him to do. :
Permission is therefore given to the adj
ministratTix to amend her libel and demand | !
damages, as damages suffered by her hus- !;
band, which have passed into assets of the :
estate, and which she claims the right to =
administer. :
r. H. Shannon, proctor for Hbelant; R. H. "
Mari, proctor for claimant. e
Second District COurt-A Double. BarreIed a
VIII. a
At the death of Hampton Elliott, Mrs. Il
Mary E. Rsley produced to the court a u
document written in pencil, purpOrting to p
be his Geographic will. Under that will g
Mrs. Risley was made a legatee for large II
amount, say about SS0,000 but no tesla u
mentary executor being named by the de-
ceased she applied for letters of dative tes-
tamentary executOrship. j
Mrs. Virginia G. Burke then came in and
opposed the application On the ground that q
the deceased had made last will, in the /,
Geographic form, in Mississippi, by which n
he bequeathed to her all his property, real n
and personal, that he then owned, or might q
own at the time of his death She asked :
the court to suspend proceedings until she i
could have time to have the will Drobated =
IN Adams county, Mississippi and regis y
tered in this court Y
The public administrator then made his u
appearance, and, according to law. was an y
pointed provisional administrator of the =
succession. q
Mrs. Virginia e. R71rlre 7,no, ,ooo;; u