The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-01-20

THE FOURTEENTH OF SEPTEMBER.
BUDDECKE VS.. BURKE.

The following amended petition has beer
| filed by Mr.. G. 7. Buddecke in the First
Justices Court:
| G. Z. BUDDEcKE VS.. Z. A. BURKE No.
4372-First Justices's Court-Amended and
Supplemental Petition of Plaintiff. - This
amended and supplemental petition Qeave Of
Court to file the same having been first OBJ
tained) respectfully shows, that on or about
the 18th day of September, 1874, while plaintiff
| was absent from the city. in Europe, the de-
| PENDANT, Z. A. Burke, obtained from plaintiffs
store the powder, the price of which is herein
sued for, and for which defendant promised to
pay; that plaintiff is informed and believes hat
said powder was sold to the said L. A. Burke
| individually and charged to him on that day;
that no order from Lieut.. Gov. ID. B. Penn was
| exhibited, and plaintiff supposed that the said
f. A. Burke, in the exuberance of his
patriotism, intended to donate the same to
| the furtherance of our "glorious success"
Petitioner alleges that no order was ever
issued by Lieut.. Gov ID. b. Penn to take
possession OF private property for public use
| without just compensation, and that such in
situation is q gross libel upon "the only tx-
listing and de facto government in the State OF
Louisiana, OF which Lieut.. Gov. D. B. Penn
was the acting executive" and would if true
dim the lustre of the proud and truthful
boast Of Gen. T. N. Ogden, in his report Of
the battle of the 14th of September, a copy
OF which is filed as part hereof.
Further, plaintiff alleges and charges that
all munitions Of war actually used by those
actively engaged in the battle of the
l4th of September were by them pur-
chased and paid for, and that the only
munitions purchased and not paid for were
those purchased by the said Z, A Burke after
our RIGOROUS success " Was achieved, while
acting as conmissary and quartermaster amid
Louisiana's ''fair daughters, and when there
was no probability that any demand would be
made upon the said E. A. Burke for any
contribution" Of blood" and AYERS
that none of said powder, 50 purchased tor
the State of Louisiana, was made into cart
ridges by her fair daughters, whose hus-
bands, sons and brothers are legged to have
been surrendered to the usurping gov
eminent. OF which the seid Z A.
Burke is now ian officer and agent"
duly commissioned and drawing large
salary; that no husbands, sons and brothers |
. were surrendered with the liberties of Lou |
lsana, and if they were, that none of the |
said cartridges, made from the aforesaid pow |
der, entered into the aforesaid mixture OF
husbands, sons and brothers, so as aforesaid |
that plaintiff sold the said pow |
der to the defendant, and that he is we'll able |
to pay Tor it out of his large salary as az |
officer and agent of the aforesaid usurpa-
lion.
Further, plaintiff alleging that he is d.
rectly and ,unalterably opposed to the admin
stra,ion Of VIM. Pitt Kellogg. as is we'll |
known in the community in which he has |
resided and maintained reputation for in /
egrity and patriotism for many years preyi- |
,us to the immigration of defendant, he can
lot make "due proof of his loyalty" which
le never felt, nor professed; that equity and
ustice demand that the said E. A. Burke.
Who can make "due proof Of his loyalty"
nasmuch as he is an "otficer and agent" of
be aforesaid usurpltion, should demand
of plaintiff property.
Petitioner further alleges his only object to
De the vindication of his legal rights against
laid Z. A. Burke individually and him only,
hereby avowing his purpose to ppropriate
my amount recovered from the said f A
Burke to the fur herance of the objects of
he Property Holders Union" in relieving
he people of the city from the burdens OF
axation imposed by the aforesaid usurpation,
# which said E A. Burke is duly commits
Toned "othcer and agent"
Wherefore petitioner prays that he be per-
nitted to file this amended and supplemental
petition, that copy hereof be served on said
:. A. Burke, defendant; tina. after due pro-
eedings had he be condemned to pay Pc
ltioner the sum prayed for in the original de-
land Petitioner prays also for general and
pecial relief.
G. T. BUDDEcKE,
D. p. G. b. BUDDECKE