New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-08
THE COUNTS.
tntrsd s,ates Circuit Cour


Andrew Collins, committed by United
States Commissioner Shannon some days
INC. in default OF $1,000 bonds, On the
charge of melting and stirring up Inutiny
an board the brig Louis Clark, was yester-
.lav discharged by Judge Duren Oh wit
Of q AabgaE corpus.
second District Court.
Thc SUGGESTIONS Of Henry KIeech and
Charles BIenVenu have been opened III this
fourth District Court.
Josephine G. Breard SIS. Mechanics and
Traders Insurance COmpaDy.-Mrs. DO
iephine Breard. wife Of Charles {. Breard,
assisted by her husband. on the twenty
seventh oi October, 1870, instituted this
action Tor the sum Of $3.50 against the Ne
,banics and Traders Insurance Company
Of New Orleans. She alleges that she
effected policy Of insurance No. 1881 an
said insurance company 20 The amount ot
$1,000 on paraphcTnal property composed
Of a two Ptorv brick clearinghouse IN The
town of McDonogh. or tTeetOwD, between
AIgicrs and Grctna, and of house furniture
belonging thereto the value OF the house
being $500 and OF the furniture 5000; that
the premium asked and due for said lnsur-
ance was promptly pad; that by the terms
of the policy the said company bound ltseH
and promised toi make good any loss or
damage that should happen by fire to the
aforesaid property, during the term OF inc
wear from the twelfth OF January, lS'V, 10
the twelfth of January, 1871 and that the
loss should be paid within SIXTY Gays alter
the same was approved ana ADJUSTED: ohe
avera that on the twenty-seventh OF Sep
t4mber 1870 a fire broke ont on the prem
ises insured during the ight, whereby the
building was entirely consumed, and the
greater part of the furniture burned, except
certain articles, since said fire, taken pos
session OF by said company and converted
TO their own use; that notice forthwith was
riven to said company OF the IRE, and an
account of the loss and damage furnished
by the insured in due form, and pursuant
10 the terms of the policy, and that sad
company does not recognize lis LIABILITY
aud refuses to pay the same. The defend
ants admit the execution of the policy sued
on, but allege that they have been informed
that the said burning was willtully caused
by plaintiffs with intent TO defraud re-
epondents; that in the affidavit Of loss
which was delivered to them the value OF
che property injured by said tire was will.
fully over stated for the purpose OF deceiv.
inc respondents. and the plaintiffs have
consequently forfeited all claims under sad
policy; they further say tina; Josephine {.
Breard had no !nsurablc interest ia said
property.
Charles A. Breard went before a justice
n
1870. ana made affidavit OF the loss caused
by the fire: he'TfXed the value Of the burned
house at $4,000 and Gt the furniture 1T
$S2t 80.
Plaintiffs offered IN evidence. besides the
policy of n-urance, all acL ~ 'ale OF the
dwelling house in question by George II.
Lord TO John IL. Hedrick. the same instrn.
ment containing donation OF said prop.
Irty hy IIedrick TO his daughter Josephine
mi SpN
witnesses were examined in behalf Of plain.
:iis in relation To the value of the property
destroyed. and the character and standing
of Breard.
Edward Johns Il witness examined under
n commission on December -. 1870, IN favor
of defendants. says: 81 lived Ill Ereetown
an the twenty -sGventh of September. 1870.
and am acquainted with the plaintiffs. GA
the Friday previous to the fire. Wendell
Shcrin told mo that Captain Breard wanted
30 see me. accordingly went to see Cap
tain Breard, whom | found on the steam
boat Cherokee. He took me M stairs into
tne Office, and there asked me the fOllOwin.
questions: Ed~ard, do you want 10 make
some money!. ] said, what! Breard again
repeated the same words, and added, chat
house OF mine I've got pretty wei! insured:
II you will set il on fire in the course of
;hrcc or four days, will give you SlOG for
eo doing To which replied that would
ycfect on the matter. On the next even.
lug Saturday | again saw Captain
Brcard, and asked him if he was in
earnest. He replied that he was. BrearG
gave me 81 on Friday ana 81 on Satur-
aiav evening On Saturday I told Mr..
Breard that Mrs. Breard had brought %
my hunse.a large trunk Of clothing. and l
asked Inn what | must do with II. He d.
rected me to take il over to the city and
leave It at No. I5j Graver street, at the
= L i.,,tI Il =,
as !; was taken away from my house by the
Insurance. company. When Mrs. Breard
brought to my house said trunk and other
things, she SAID that her husband was about
30 tent house, and desired me TO keep
chem for her until her husband found the
house, and then to pack her clothes and
furniture and send them over. This is the
way these things got into my house. On
Tuesday, the twenty-seveEth OF September.
I made up my mind TO accept Captain
Brtarl's proposition, and OF that night. be.
tween the hours of eleven and twelve
o'clock. procured gallon pot. with some
soal oil and pitch pine. and repaired 10 III"
premises, wentup stairs, placed the pot and
pitch pine on the southeast corner of the
house, under the raiters. and applied the
match TO the coal oil and pine. and left the
premises and in about half IN hour after !
left the house the fire made its appearance.
and the building was burned down"
A. l., Bradley says he was living
at Freetown, in the parish of jet.
terson, about five or FIX blocks
from the house when it was burned; the
premises were not occupied at that time.
An old colored man. the man who burned
the house, Edward Johns, had been in the
habit of coming TO his house; Johns told
him he was gong to make big raise. He
took the witness to the house of Mrs
Breard, pulled the key from his pocket, and
r,Al Inns Sr,fn
witness that the rouse and furniture were
insured, and that he was to burn it, and be-
sides was to have all the furnitpre he could
save; Il at Bre: and his wife had en-
pOyed him to do the burning. Witness
caused information Of this disclosure to he
communicated TO the police authorities and
90 Captain Jack Adams; that two detective
officers were sent over, who SCCrGted them.
selves close to the house te watch for the
arrival of Johns; that Johns did not appear
THAT night: the detectives promised 80
watch the house the next night, hut failed
20 do SO, and the same night The house was
burned There was about $50 worth Of
furniture in the house the night before the
lire.
r. Blanks saw Johns OF the steamboat
Cherokee talking to Breald on the day re
ferred to in Johns testimony. Blanks looked
over BTeard's shoulder. and saw him write
something which he gave e. Johns: that
writing was an order authorizing Johns "a
take charge of the horse. Tie order is also
VI evidence.
Wendell Sherin ,cstifics that he was on
the said steamboat and Brearti asked him
20 tell Johns 10 ocGnc over, that he ,B:eardl
wanted to see him This WAS few day
before the fire. This Witness delivered.
Breard's message 10 Johns. rs directed.
CAPTAIN Edgworth. of the METROPOLITAN
Police. on the third Of October. 1850. made
a charge of arson against Breart. and Lad