New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-26

SATURDAY, APRIL IS, 1874.
Supreme Court.

SATURDAY. APRIL Is, 1874.
supreme Court.
Adjourned to May 4, when cases will bt
have been disposed of.
superior Criminal Court.
Panel of jurors for May drawn.
vERDICTs.
State vs.. Charles Johnson.-Burglary and
larceny. Guilty.
State vs. James Smith.-Burglary and
larceny. Guilty.
First District Court. !:
INFORMATIoSs FILED.
Killing beast of the COW kind-Jamea
Knowingly receiving stolen goods-wil-
liam Wolf.
Assault and battery-Daniel Kane, Dick
Wood.
Horse stealiug-George Wisire.
Petty larceny-May Wagner, Tousin
johnson, Frank Pipe.
NOLLE PROsEQUI ENTERED.
Larceny-Joseph Hebert.
vERDIcTs.
Samuel Mitchell, guilty of larceny.
Felix Mercier, assault with intent to rob;
mistrial.
bkNIENCED.
Jean Navalla, assault and battery; one
hour.
Moses johnson, assault and battery; one
day.
John Newton, larceny; one month, to date
from first imprisonment.
second District Court.
William j. Welsh, Elizabeth and Barbara
Schaefers, James Arthur Woods and Lo-
renzO Carlo, pray to be emancipated.
Successlons of John MOulton. Marie Adile
Gogued, widow of Isidore Roche, and Ada
Louisa Batson, opened.
Fourth District Court.
The following petition may be found in
teresting:
William H. Smith vs.. G.. Pellegrini.
petition Of William H. Smith, resident Of
New Orleans, and citizen of Louisiana
and of the United States of America, repre-
sents that he has been injured in feelings
and damaged in reputation by G. Pelle-
GRIM, domiciled in the city of New Orleans
and in the State of Louisiana, in the sum
of $500, for this, that the said G. Pellegrini
is owner or proprietor of q place for
refreshment, situated at No 209 Canal
street, in the city of New Orleans,
where the public is explicitly or implicitly
invited to purchase soda water and other
refreshing drinks, also cakes, pies and
pastry in general; that the establishment of
said G. Pellegrini, situated at No. 209 Canal
street, is place Of business for the general
public, and is known and recognized as
public resort which requires license from
the State Of Louisiana and the city of New
Orleans upon which is printed the following
extract from the Revised Statutes:
"SEc. 45S. All licenses hereafter granted
by this State, and by all parishes
and municipalities therein. to persons
engaged in business or keeping places of
public resort, shall contain the express con-
diti0n that the place of business or public
resort shall be open to the accommodation
and patronage of all persons without dis
tinction or discrimination on account of
race or color. and any person who shall
violate the condition of such license shall,
OD conviction thereof, be punished by for
fixture of his license, and his place Of bust
ness or of public resort shall be closed; and
moreover, he shall be liable at the suit of
the person sggrieved to such damages as
he shall sustain thereby, before any court
of competent Jurisdiction"
That on or about the ninth day of April,
1874, your petitioner entered the place of
business kept by G. Pellegrinl, located at
No. 209 Canal street, in the city of New Or
leans, which is q place of public resort,
where public patronage is solicited, and
was solicited on or about the ninth day OF
April in the year aforesaid, and respectfully
asked to be served with a glass of soda
water. for which he was ready and willing
to pay the price usually required and ex-
acted of others; that, with the intention of
refusing petitioner on account of his race
and color, he, the petitioner being of pro-
nounced African descent, the said g. Pelle-
GRIM, in person, or by one of his employ es
titioner, demanded of petitioner the
sum Of one dollar for glass
of soda water, the usual and
notorious price charged by the said G.
Pellegrlni and his agents or employees, at
the aforesaid place of business, to persons
not of African decent, does not exceed ten
cents for each glass of soda water. Now
petitioner represents that he was willing to
conform TO whatever terms were general, or
to pay whatever price or reasonable de-
mand exacted of others, and that in re-
spectfully eDquiring what was the usual
price or tariff for glass of soda water,
your petitioner was with indignity and con-
tempt ordered out of said public place of
business in manner implied and expressed
which Disseminated against your petitioner
on account of his race and color. Your
petitioner alleges that the unusual and ex-
tortiOnate demand of one dollar for Q glass
of soda water was q distinction and dis
elimination against him on account OF his
color, and q transparent subterfuge to es-
cape the consequences of direct refusal.
Petitioner represents that he is q resident
of New Orleans, an elect0r of Louisiana,
and citizen of the United States, entitled
to enjoy, without restraint, embarrassment
or discrimination against him on account
of race, color or previous condition of
servitude, all the civil. public or political
rights exercised by any other persons or
citizens; and your petitioner further repre-
sents that the said G. Pellegrini in refusing
to accommodate him on the same terms and
conditions as other persons and citizens
were served, violated the constitution of
the United States, and the constitution and
laws of the State of Louisiana, and his
contract Hereunder to serve all persons ir-
respective Of race or color.
That this refusal to accommodate petit
toner was an effort on the part of the said
G.. Pellegrini aud his empl0ye or agent
to humiliate petitioner as q man and de-
grade him as citizen. Petitioner has
always enjoyed the respect and confidence
of his fellOw-citizens, and maintains good
name among all classes, and this indignity
and contempt has distressed the mind,
wounded the pride and aggravated the feel
ings of your petitioner SO as to cause him
damage to the sum of $500.
Wherefore he prays for q trial and judg-
ment in his favor, with costs. and tor all
general relief as he is in duty bound to pay.
T. Morris Chester, attorney for plaintiff.
Steamship Frankfurt.
The following is the passengers list, per
Steamship Frankfurt, Captain Won Bulow,
leaving this morning for Brennan via Ha-
vana and Southampton:
For Bremau-Philip CAOsmann, Mrs. Eliza