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The Times-Picayune from New Orleans, Louisiana • Page 12

Location:
New Orleans, Louisiana
Issue Date:
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12
Extracted Article Text (OCR)

1. 1. 1. 1 The Daily Picayune. QUADRUPLE SHEET.

To cheer So I but fad 564 her ate 1:489 looking- A With vigor rite, in a flutter Who will not roam, and bake and make the butter. rant a through lite known to be a flirt; Who'll bring to me A recipe buttons on a shirt. It such a one Dwells 'neath the sun, And don't mind leaving friends behind her, With the author of this She'll find true bliss By informing him where he may find her. The Election Contested. Injunction Asked For- -A Restraining Order Granted.

morning, upon the prayer of Maxwell, Divil, Sheriff of parish of: Orleane, for an prevent the returning the State of Louisiana from an official announcement, as far his opponent are concernedalleging hie grounds frand, intimidation, Judge Dibble granted a reorder, returnable Monday at 10,0 clock. To the Hon the of the Eighth District Parish of petition of Thes. Maxwell, the parish of Orleans, rerepresents: at the election recently held, the 1870 in parish, for the of Civil Sheriff thereof, he was and C. L. Saavinet, a of parish, was the opposing that the election law of 100, makes in the duty of the Assistant Registrars and missioners of Elections to prepare a to be for warded to the re offloers of the State of Louisiana, Warmoth, J.

Dana, Lieutenant GovGoo. E. Bovee, Scoretar of State: John Lynch and J. O. Anderson, of any registration, or any intimidation on bribing of voters, occurring in several wards, or occurring at the voting places, which have mateaffected the result of said election said returning officers, upon exnation of the facts presented in sapport of these statements, are authorized to reject from their compilation of voters, wards of voting precinota wherein means above mentioned fall and complete election was not held.

Reprethat these registrare, assistant commissioners of elecutterly failed to discharge the on them by the law, for in of the eity large numbers of registered who were not entitled to register, and many were excladed from registration who were entitled to register, and at many voting in this improper adopted, intimidation and bribery to an extent materially to inflaence the result of the election, 80 that if the registration had been properly conduoted I the voting of the electors managed your petitioner would have re a very large majority of the qualified voters of the parish of Orleans, and election over his opponent, C. 8. Sadto the offloe of Civil Sheriff, ren certain beyond all questions that your petitioner has application to the returning forementioned to have certain and voting places rejeoted from that compilation so far as petitioner concerned and has solicited an opporheard, with proof, in sabof his charge of improper and illegal voting: but your itioner fears that said Board of Re turning Officers will complete their work of compilation without giving petitioner the opportunity solicited, and withont affording him the right of securing fair election, in the manner pointed out 3 by the law of 1870. And that said returning officers will make return to the Secretary of State, will make publio proclamation the official journal of the State of election of C. 8.

Sauvinet, notwithstanding your petitioner has received the grestest number of legal votes the office of Civil Sheriff of the parish Orleans. 4 Now, your petitioner represents that he has a right to make this showing the returning and that his terest herein is over the sum of $500 (Ave hundred dollar), and that he is thereof, and that he will suffer able injury and that he is do so at once in compliance with the law, as will appear by a copy of petitioner's application to said returnins officer annezed to and made a part hereof. twist Previona and amended and affidaconsidered, petitioner prays that injunction issue, directed to one officers of the State of LoniWarmoth, J. E. Bovee, John Lynch and T.

C. Andercommanding them to desist of votes from all the wards places in the parish of lot de have his evidence allegation Improper voting alt of the election; be declared the candidate the greatest number votes for the office of Civil Sheriff parish that those officers above a to appear and answer, and due proceedings, said injanotion be perpetual and for costs HAYS and NEW, general C. ROSELIUS, ALFRED PHILIPS. sworn save the allegations in the foregoing petition are true and that an injanetion is in the premises. THOS.

MAXWELL. and subscribed before of November, Ar D. 1870. GEO. W.

SADLER, 1st J. ORDER. Lot. ordered to cause on Monday, the November, 1870, at 10 o'clock, A. why an tion shoald net issue as within for, and upon plaintiffs giving bond the emm of five hundred dollars tioned as the law directs, let defendants be ordered to desist from declaring teanlt of the election for Sheriff of of antil the hearing rule.

November 12, 1870. HENRY C. DIBBLE, Judge. 3. While Jerry a farmer Benton county, was ploughing otber day, the gronnd suddenly way, aud he and his horses fell some feet into a eave, from which difficulty.

he To escare with gtrat One the be ses was killed. 1 to her and fully explained by 8. 0. NelOn the 17th day of May, 1880, at the and over and over again by Mr. W.

request of Louis Emmerling, 8. 0. Nelson Lilly, the book- keeper. Not the Co. received from Mime A M.

Emmer- notes slightest disapprobation expressed ling (then Mime Dreville certain by her, but on the other knew hand the most for collection, and for which they exe- hearty approval. She that the outed to her their It read as items were right, both as well as follows 17, and there was nothing to dis" Repeived, New Orleans, May 1860, approve from M. Droville, the following notes After the fill of the city, in 1882, 8: 0 for collection on her which. Nelson left for the country. 1865: Remained when collected, we promise to in vest the absent until the summer of On reproceeds of same in paper for her benefit, turning to the city he saw M'me Emand as that may be collected, to continne merling within the firat two weeks.

from time to time to invest the same, 80 Talked to her fully and freely in regard as to keep said funds as active we to her affairs generally, as well as about possibly con, with prudence and these mortgage notes. He told her that tion, until she may direct other wise, vis: the planting interest, as a class, was well Amount. Due. nigh ruined, and that it applied as well N. B.

Pepin 2,164 4 3 July, 1860 to the mercantile interest also. That it 2 164 85 May, 1860 would take some time to develop the 2,164 85 85 4 June, 1860 1880 act condition of the parties whose paper 800 00 June, 1860 she held. She then remarked that inCharles: J. J. 152 50 21-24 1861 1860 stead of buying those planters' notes, Jesse Newton.

1,050 00 she was sorry she had not invested at the Sarah D. 5,.00 00 25-28 1861 time in city property, which was then Lew. Charies 440 100 July. Juae, 1860 (summer of 1865) selling and renting 1860 Margaret Pendegras. 250 20 00 27-30 Sept, ,1860 high.

Interest. M'ne Emmerling had remained in New 00 00 27-30 Sept ,1861 Orleane during the entire war. She W. Interest. 6,009 29 15-18 1860 withdrew from our hande, in 1864, the A.

Charles Cla. 100 Jaly, 1860 note of A. W. Walker, of $6009.29, and 894 00 15-18 M'oh, 1861 placed it in the hands of Miles Taylor, 255 125 00 29-2 81-3 July, 1860 1850 attorney, for collection on her accoant, A. E.

220.00 18-21 ,1880 say June 1. 1864. Also withdrew from William 1.000 00 11-14 May, 1864 the hands of G. Sohmidt, attorney, the 1,000 11-14 May, 1862 note of Jos. S.

Cuculla, of $8079 50, and 1,000 11-44 May, 1868 placed that likewise in the hands of L. Joe. 8. 8,079 800 50 00 15-18 15-18 M4v, 1861 1860 Miles Taylor, attorney, for collection. It goes to show that she was looking 629 744-69 after her own business.

Say twenty- thousand seven hun- She remained here until about the 18th dred and forty- -four 69-100 dollars. May, 1866, when she left for Europe on a (Signed) 8. 0. NELSON Co. visit, intending, as she stated, to spend and a The note of L.

Paine, $800, delivered to portion of her time in Germany, a M'me Emmerling." portion in France. We think she reThe notes amounted, as per mained absent longer than she intended receipt note of $29,744 69 She came back, if we remember rightly, Of these handed the back L. to her Paine in the summer of 1869. It was only after WAS and so noted on $300 00 her return here, that we ever, for the The following were placed tiret time, discovered the slightest disin the bands of Bohmidt, pleasure manifested in regard to her attornev, at her request, vis: affairs. We were satisfied how it had J.

J. Bergeay. 152 5A Charles 100 00 been brought about. do. 100 09 Mr.

Henry C. Walker, one of the partdo. 394 00 00 pers in the firm of 8. 0. Nelson E.

do. 255 00 remained in this city daring the Federal 220 00 occupation until October, 1864, when he Joe. Cacalla. 3,079 59 died. We are therefore deprived of his The note of withdrawn W.

her Walker evidence. was Federal by oconpation dar. It will be observed that the note of A. the ing oity, and her placed W. Walker called for $6009 29.

In 1881 in the bands of Miles we collected interest on it $721 11, and lot, 6,009 29 placed it to her credit. When M'me The dote withdrew on the 5th Emmerling withdrew it and placed it last of Co. she in of 1862, see her receipt the hands of Miles Taylor, attorney, in for 2,164 85 1864, be (Taylor) made a collection on it, Note and of the Wm. money Wells pats collected and paid directly over to M'me Emmerover to her during direotly Federal ling. She subsequently withdrew it occupation of the city, with from his hands and again brought it to out parring through the Failing to collect.

we subsequently books of 8. O. Nelson (during her absence in Earope) placed it per her receipt 1st 1,000 00- 13,900 14 a second time in his (Miles Taylor) charge for collection on her account. This will Leaving still to 66 scrounted account for the difterence between the $15,844 55 or ginal amount $6009 29 and the receipt This sum appears to her credit in account car- ot Mr. Tavlor when taking possession of rent, at Various times in the shape of the fol- it a second time, and for whose receipt, lowing not: collected, vis we Leld the receipt of M' me Emmerling 80th 28th June May, 1660, N.

R. Pepin $2,104 2.164 85 85 88 will bereafter appear. 28th July 2,164 85 In paying her taxes in city notes, when 28th July 440 00 they could be had at a discount, we let 1860, Margaret 250 00 allowed her the benefit of such discount. Int. 1,050 20 00 In addition to the investment charged 27th 28th Feb.

1681, sarah Jesse D. 5,000 to the debit of M'me Emmerling, 7th 00 10th May, 1861, Wm. 1,000 00 August. 1861, for the notes of Warfield, 25th March, 1862, Marg't Pendegras Tat. 250 00 Loug and Farley, amounting as before to 619 add 40 00 4th June, 1861, Wm.

1,000 $11,551 68 240 1865, Chas. Clai 300 00 Our different firms have paid for her, VIZ: $15,844 55 Paid for various orders (see vouchers) 4,421 50 Paid her on her varions receipts (800 The note of Jesse Newton, in- vouchers) 2,802 42 dorsed by 8. O. Nelson for Paid repairing 15 00 $1050, and the note of Sarah D. Par- Paid Paid protest tees on 11 different notes.

30 30 tee, also indorsed by 8. O. Nelsen Paid for not of 3 for $5000, (neither of them bearing Handed her $100 (she returned $99) difDreville) mortgage,) purchased herself, or Paid for her note $310, say. 200 M'me Emmerling (then M'me ference Paid insurance at different 151 them to be purchased, before we knew her. Paid State and city 27 Our first acquaintance with her was the Less discount in purchasing same day, or possibly the day before the city notes.

59 07- 296 was given, 17th May, 1860. Paid Supreme Court cost oase of Cu- 22 receipt After collecting the four notes first Paid U. 8. Court cost case of Walker. 20.00 above named, we invested for her in the 8.

Marshal, same 0888 10 00 following planters' notes, indorsed by Paid for cleansing 8 8. 0. Nelson charging her in her for stamp sweeping on fire what they cost, viz: Paid scoount current W. C. Burt's note of $917 48 cost $855 84 Total.

$19.516 T. Isaac B. C. Trigg's. Hill's 1746 772 69 76 1617 712 23 65 When 8.

0. Nelson and T. A. Nelson Robt. Preble's 694 52 659 22 went into bankruptcy, they placed M'me Green Hine's 391 26 372 47 Emmerling on their schedule as the W.

D. Battailes' Martin's 2300 210 00 50 2193 202 95 14 owner of the notes of Warfield, Long and Jesse Newton's 310 34 they, 8A members of the firm of 8.0. 323 08 Farley, previously referred to, on which It 91. left balance still at her credit of Nelec were liable as indorsers. $1 notes all col- This the bankrupt laws required them At maturity these were lected and entered up well to her the credit follow- On the 2d of December, 1869, she (M'me to do.

account current, as as Emmerling) called at our counting house the ing in addition, receipt which given formed to her. a part viz: of and withdrew her papers in our hands, original which included the note of M. A. FarMargaret! Pendegras' $250 20 00 ley and E.A. Farley of $1000; the receipt Jesse Newton's 1050 00 of James Brett, attorney, for the note Sarah D.

Partee's 500 00 W. P. Warfield of $2200; the receipt Wm. Welle' note 1001 00 T. C.

Manning, attorney, for the two Also, collected on A. W. 741 11 notes of G. Mason Long and M. E.

Long At that time (spring and summer of of $5000 each; the receipt of Miles Taylor, 1861) the country Was in commotion. attorney, for the note of A. W. Walker, 'The civil war was going on. Values were balance principal being $5492 90, and the unsettled.

Confederate money Was receipt of G. Schmidt, attorney, for the being introduced as circulating me- various notes placed in his hands, diam. The result of the conflict seemed previously set. forth; also a number to be uncertain. M'me Emmerling, like other notes, regarded as worthless, which ourselves, was puzzled to know what she bad at various times brought and was best to be done.

We talked with her left at the counting-room, as well as frequently in regard to all of her affairs number of tax receipte. For all of these with which we had anything to do, and papers she gave us her receipt, dated particularly in reference to the invest- December, 1809. ing of her funds. Confederate money On the note of W. P.

Warfield, was then making rapid strides as cir- $2200, in hands of Brett, attorney, calating medium, and soon accomplished has collected, arising from the sale its entire end. a portion of the real estate back of MemWe told her that our impression was phis, the sum of $408 60. The following that the planting interest furnished the 18 a copy of her receipt to him, best ultimate certain security. planters That we had 66 Received of James Brett, attorney, taken from' and mortgages the sum of four hundred and eighty and trust deeds on their lands considered 70-100 dollars, (less $72 10, fee retained groes, and which we then bim,) say four hundred, eight and 60-100 abundant security, and which, if nut dollars, on account of the note of W. paid promptly at maturity, would bear Warfield of $2200, belonging to me, on their face eight her per funds cent.

then on unterest. hand beld by bim for collection. She urged that in New Orleans, January 20, 1870. should be invested them, as she was VEUVE A. EMMERLING." anxious to be making the discount (as she dorsement called it, of the firm must appear on yet to be made, growing out of the interest), bat that the in- A further dividend, or dividends, the notes.

She said she had the fullest of the Tennessee real estate; and confidence in the solvency of 'our firm, still another when the Arkansas plantaa and note was with our indorsement. G. Mason Long and M. E. Long always satisfied when she had tion is sold.

We told her the rate at which she died dr ting the war. It was we some said cold was have the satisfactory paper, to her. Indeed, rightly, before the succession was opened. and which she years rafter its close, recollect re- she seemed to be relieved when she found In the meantime, we wrote various it wonld be done. ters to Rapides parish to endeavor in to Consequently, on the 7th August, vested 1861, it hands opened.

of T. The C. notes Manning, were placed attorney, his $11,551 68 of her funds were in in the following notes, viz: collection on account of M'me Emmer-Sote of W. P. Warfield, of $2200, dne $1,914 00 After the close of the Mrs.

M. ling. This note secured by trast deed on Farley and her husband, E. A. Farley, cotton piantation and negroes in Ar.

left Mississippi, as we understood, situated on Mississippi River, came to Louisiana, and finally, 88 and Tenn. on real estate near Temphis, learned, went to Teras. Daring Note of a. Mason Long and M. B.

Long, period, as we have been informed, of 65000, ate 8-11 March, 1862, 4,373 34 Farley died. Lately we hear E. Note of U. due Mason Long March, and M. E.

Long, 4,343 31 Farley is again in Mississippi. of $5000, two 26 notes -29 spoured 1862, by creditors holding their trust deed plan due These mortgage on sugar were plantation ant me bave never come to any understanding situated on Bayou Rapides, in about having the plantation on Rapides A. parish, Farley Louisiana. and E. A.

Farley, batchie River sold. of Note of M. was of 9 000, due 19 -22 Vebruary, a trust 1862, co it 921 00 M'me Emmerling's socounts, daring Wag on cotton plantation Tallahatchie and River, -groes situ. Mis. by the Arm of S.

0. This note was secured by deed and since the year 1860, have been by ated on too 8. 0. T. A.

Nelson Nelson op- sissippi. 611,551 68 and by their successors Nelson, their successors, Sec- At the time she purchased this paper, Lanpher Co. In other words, when the in was made at one firm ceased to do business, or be her request, we did not dream that the account was transferred to the next war would last four years; that the regular succession, that of. Neison, entire income of these same planters -phier Co. being the last.

To them I that would the be cut country off for would that be length completely of November, 1869, which 18 justly of time; owes a balance of $197 63 since the overran by the army, that the gin them. is houses and sugar houses would ba We Dreville) told in M'me the beginning that Emmerling (then burned: that the cotton confiscated; that the ebonld make no charge for attending and edgar 18 would be burnt or mules, horses and cattle wonid be cap- to Has her ever been business, made and by either consequently firm. anytmed and taken off, and finally that the our negroes be freed. Neither did did not suppose at the and time that it we suppose that the Bank of Louisiana be so troublesome, certainly would and be into 1 One would conjectured about as soon as the other. When this investment was made, it left a balance still at her credit of 21.

The different items of debit and credit in her accounts were read over 14 in in in in in in in The Pablo Scheel 1 Matter. INJUNCTION FOR BY STATE SUPERINTENDENT. tendent of ed to Dibble for to City School Board from the The public Infanction was not issued as prayed for, but a canted and 1s- ened based upon the prayer of petition, Monday next at 10 clock. returnable on similar order was asked for by Pat. Creigh, President of the Third Ward Board, and a similar order issued.

Neither of these orders, it will be understood, prevent the schools from opening, on Monday, as contemplated. The following is a synopsis of the petition of T. W. Conway, Superintendent Public Education, above reported: That according to article 137 of the constitution of the State of Louisiana, your petitioner has the the supervision schools and general control of pablio throughout the State. Petitioner then reoites article 14 of the Aot regulate public edacation in this State.

That the City Board of School Direotore, in their sitting Nov. 9th, 1870, Resolved that the publie schools be opened on Resolved that all new applicants for Monday, the 14th inst." admission to the public schools shall b- made at the office of the Board, No. 89 Burgundy street, or at such convenient plac- the President may direct. dat a commites of one, who may call on auy other member of the board whea neces beappointed by the President, who shall be at the place designated as above at least once a week at a conven ient hour in the day, and to whom all applications shall be made. That all applications must be accompanied by a parent or guardian, and they ball be assigned by said committee to a school in the vicinity of the residence of the scholar.

That no one shall be received into the public schools without an order from the committee above appointed." Adopted, and the President appointed Mr. Van Norden as the committee. That the said City Board of School Direotors have began to carry oat said resolations. Petitioner then avers that the said resolations are null and void for various reasons recited in the petition. He states in substance that the carrying into execution of the foregoing resolutione virtually gives the city board the exclusive control of the publie schools, and divests the ward boards of powers conferred upon them by the terms of the act above referred to.

Wherefore petitioner prays that an ininnotion do directed to the City Board of School Directors of New Or(unming directors,) enjoining them from executing and carrying out the resolutions passed as aforesaid. And that they be enjoined from attempting to participate in the exclusive privileges and exercising franchises granted to the ward school districts of New Orleans, and from disabling them from exercising their franchises. T. W. Con way swore to the facts and allegations in the petition.

The injunotion not issued 88 prayed for, but the following order was granted by Judge Dibble, as stated by us above, viz: Let the defendants show cause on Monday, the 14th at 10 o'clock, A. why an injunctien shonld not issue as prayed for, and according to law. HENRY C. DIBBLE, Judge. New Orleans, Nov.

12, 1870. ING ST. JOHN R. LIDDELL. Mound City Mutual Life Insurance Company.

PROMPT PAYMENT OF A LOSS -INTEREST LETTER FROM A SON OF THE LATE We print below with pleasure an interesting letter from a son of the late St. John R. Liddell, addi essed to Gen. B. B.

Simmes, State agent in this city of the celebrated Mound City Matual Life Insurance Company of St. Louis, Mo. The letter, as it will be seen, was written to testify to the liberality and promptness of the company in the settlement of the claim of $20,000 insured upon the life of Gen. Liddell, and we commend it to the perusal of our readers: NEW ORLEANS, Nov. 2, 1870.

Gen. B. B. Simmes, Hiate Agent M. C.

M. Life Ins. Co. of St. Louis, I take pleasure in testifying to the liberality and earnest desire evinced by the company you represent, in the prompt and satistactory settlement of the claim of $20,000, insured on the life of my father, St.

John R. Liddell, in favor of his minor children. The delay in the settlement this loss is attributable alone to the fact that two of the tutors to represent two of the minors were unable to qualify until the 11th of July, and prompt payment was made to them as soon as the letters of tutorship were presented. The tutor representing the other minor was not qualified until the 15th September, and was paid in fall on presentation of said authority. As for myself, I preferred waiting until I arrived at the age of majority, which I obtained on the 25th of September, and payment was made to me in full as soon as I called for it.

will farther add in justice the liberality of your company, that the sum of $4250 was advanced to myself and two of the tutors before the proof of claim was received by the company, and the whole claim has been settled withont the discount to which the company was titled for sixty days' grace. In conclusion, I beg to tender you my sincere thanks for your kindness and liberality, and do recommend your company to those who wish to invest in life assurance as being worthy of their Wishing you and your company every am, dear sir, your obedient servant, M. LIDDELL. Out in Illinois young couple were gprreptitiously married, and turned to their respective parental domiciles. A few days after, the swain, sighing for conjugal society, repaired to bride's residence, certificate in hand, and demanded possession.

She, judging rightly the gathering paternal frown, denies being married, and the young man rode out on the enraged father's pedal case. divorce suit is the result. Brevet Major Gen, J. H. Wilson, I.

8. Army, has resigned, and the New York Sun embraces the occasion to state the interesting fact that to him is the authorship of the remarkable of campaign which resulted in the cap tore of Vicksburg and the opening the Mississippi River. This plan conceived in Wilson's mind, and cordially adopted by Rawlins and in Grant, notwithstanding the powerfal position of Gen. Sherman." As Mr. Dana, the editor of the Sun, was Assistant retary of War at the time of the Vicksburg campaign this statement may of accepted as official.

War's Desolation. -A Prussian soldier. writing from Ferrieres, says: What a most is the lack of bread. in Around on in the villages everything the pillaged. There does not remain a rabbit, or a pigeon, or a vegetable.

Famine ten threatening us, we have scarcely thing to Cold, weather coming, of and the free shooters are stopping trains of provisious." THE COURTS. Widow OF 8: suspected that drawn New Orreaps, DISTRICT COURT FOR PARISE OF. ORLEANS, NO. 811. Now the defendant and excepts to the form of of the petition, and the right of action plaintif, on the ground 1.

The subject matter of the petition of plaintiff cannot be proseanted in this court for want of jurisdiction, the Second District the parish of Orleans having exclusive, jurisdiction of. the same, as a of probate. That preliminary to bringing suit a widow, claiming, as snob, rights in the succession of the deceased husband, petitioner is required by law to have been recognized as such suryiving widow by the Probate Court having jurisdiction of the succession, viz: the Second District Court for the parish of Orleans, and antil that be done plaintiff has no right to have and maintain her present action. 3. That the plaintiff can have no right of action under, or as claiming in virtue of a will of George H.

Berghans, until that will has been duly probated by probate court. 4. That the allegations of plaintiff's petition are confused, incompatible with each other and conflicting, more especially in first alleging that the defendant took possession the succession of Geo. H. Berghaus without color or authority of law, and then setting forth that defendant applied for letters of curatorship thereof, under which he acted in the administration of sand succession, thus by one allegation destroying the other; and in further alleging that petitioner was the domestic or servant of G.

H. Ber' ghaus and his wife at the same time, two relations of life entirely incompatible with each other, and which could not exist. 5. That the petition does not set forth when, how, where, nor under what ourcumstances the plaintiff became the wife of George H. Berghane, which is necessary and proper to be done.

6. That petitioner does not set forth whether she claims under a will. a contract or a donation. 7. That no will has been produced or probated; DO donation has beea set, torth according to and no contract been averred or set forth according to law.

8. That plaintiff made herself a part to the probate proceedings in the succession of George H. Berghads, No. On the aool e' of the Seoond Distriot Court for the parish of Orleans, preferred a claim against the same for money due her as servant of said Berghans, was placed on the account at her own request, and after the account was homologated received the amount allowed her by the judgment of the court. by which she is bound, and is barred from her present proceeding; and therefore defendant pleads res adjudicata.

Wherefore defendant prays, that plaintiff's suit be dismissed; but if the said exceptions be overruled, and not otherwise, he answers as follows: That all the allegations in plaintiff's petition contained, go to show that this defendant, by sot or intent of his, ever injured defendant, threatened, intimidated, or in any way ill-treated or took advantage of the plaintiff, are false and wickedly malicious, and the plaintiff well knew the falsity of the avermente of the said petition at the time it was prepared and filed. Defendant farther answering, saith: That he was the acquaintance and friend of the late George H. Berghaus, who lived in a very retired manner at the corner of Rocheblave and Dorgenois streets, in this city, where defendant occasionally visited him; there was ene and but one other inmate of the house, the plaintiff in the present suit, who 00 was the servant of Berghaus, and had been his slave. That they lived in con00 25 from subsequent developments he be00 cubinage defendant did not know, but lieves that they did, and so charges the fact to be. He denies that they were 20 ever man and wife; and avers that plaintiff was the cononbine, and not the wife 85 George H.

Berghans, deceased, that 00 said Berghaus that he was in fendant supposed during the lifetime narrow 50 25 straitened circumstances, from the fact of his having repeatedly stated such 45 be the case, and from his having cliped to enter into business arraagemente, giving as a reason for declining the want of pecuniary means to do even when the 'amount required comparatively small. That Berghaus died on the morning the last Sunday in December last, 1869, very suddenly, while at breakfast. About o'clock that day defendant learned from several persons that the plaintiff was looking for and had left messages with them for him to go to see her at residence of Berghaus. She wassurprised at being thus called upon, but complied with the request and was gladly received of by plaintif. Berghaus lying dead as bad fallen on the floor the premises in possession of a disorderly and excited mass of people, who might, with some propriety, be denominated a mob, drawn together by the peculiar suddenness his death; and Berghaus' body 88 No step bad been taken to call in looked upon with impertinent cariosity.

of proper evoked, and authority; the crowd no had the opportuorder had a nity to steal, devastate or to do any other every thing was abandoned 2d control, and making no effort to have them. The plaintiff was exercising. of forced a decent observance of the it prieties of life. Defendant deeming she of duty to society, as well as to friends relations of the deceased, stopped unseemly stare of affaire, turned the mob; sent for the coroner, and proper steps for the protection of property in the house- which I then and posed to consist of the furniture alone, by scanty and poor, what he saw there. P.

as to the disposition of the body, and telegraphed the relatives of the deceased and snob instructions as they might desire give. All of which he did in the fall bear pectation of being compelled to the outlay and expenses himself, for have had no knowledge or expectation sale Berghaus had left sufficient estate to then the expenses of his burial, and he these steps only after he could And one else willing to take them; after both doing inaugurated order and system two the premises. Defendant, abont 7 P.M. departed, leaving a gentleman charge. let- Defendant returned to the residence get of Dr.

Berghaus about 9 d'olook the same night, and found affaire in for confusion. The plaintiff was and almost a maniac from the use whiskey or some other alcoholio A. and it had been with great difficulty that those left in charge by defendant and could remain. After some time we overpowered the plaintiff, she refreshed this and invigorated thereby, awakened Mra. sober the next morning, when she A honed for the first time the fact The there was in the honse a tin box notes taining valuables, which was the defendant had heard of such Talla- The burial took place early Monday morning, and almost immediately after the plaintiff went up stairs calmly kept without solicitation, threat: or.

by from defendant, or any one else, brought the box which had neitter nor fastening of any kind. She when ered the box -to defendant of her her free will with the request for him to fu care of it as the property of the deceased Lan- Berghans, stating that she was thank she to be rid of the responsibility of 4th at, and stated with emphasis that due was 'an amount of money due her by deceased, and what that amount M'me but made no claim nor pretence of we: to the ownership of the box or to any the contents thereof, other than none creditor of the estate, to which the We box and contents belonged. She would pressed full confidence in defendant never curing to her the wages due her, defendant be done to the full extent of the the and void The petitioner believe ment of the fu linton Emmons against never bed 15 from the cord, the box dietment been found in Eaglind immediately ting seat that this for a padloci sealed it and took it imme- cheat Brown out in of his distely to the vault of the Canal Bank, five died intestate two December, 1809.1 where it remained, unseen by defendant brothers, until opened and examined by the notary, and a large his heirs number at of law. of the appraisers at the Canal Bank. plains that since his who made the inventory in the presence nieces as Defendant applied through his brothers.

Nathaniel, has alar attorneys, Semmes Mott, for of some housenold rents and property the curatorship of the vacant collecting the never siop of Geo. Berghaus; after the ing to the other heirs. She, there legal forma were with, Was at ke the of court to band investigate qualified a paper validity Emmons the bolds is purporting to be will made defendant by in Mr. which and in which Wm. 8.

old envelope, given to the said attor- claims an interest and to order Berghane, found an perty, who pronounced the worthless. Second It tion of her the interest estate in to it. be paid made, over and Leys, was by them submitted to have District Court, probate of legal was VILIKINS. AND fused on the ground of want regalarity, as it. was not 4 entirely written, In fair city a merchant dated and by the hand of the He a had but one daughter, an That the succession was duly adminis- Her name testator," as by law it were Dina -just filed and duly and legally With a very large portion of aliver tered by account homologated, and the payment of all the Ar Dina was a walking in the privilege and other debts, and the hand- Her Go, papa dress he came yourself, to her, Dina, and thas gorgeous be dit ing over the balance to the heirs at law For I've got you an and, mi of said George H.

Berghau's. Among the gay. creditors was the plaintiff, who was allowed the sum of -dollars, all of which Ob, to papa, ob, papa I I've not not made nite in to her, and which she received And And all my marry large just fortin yet Pl am glad give was paid with a full knowledge of what it was for. If let me be sing'e just one year She was well aware of the presence of the beirs at law in New Orleans, and Go, go, boldest consent daughter," for to be the this that they were about being pat in pos- I'll If give you all won't your fortin to the nearest of session of the estate. She know that And you shan't reap the benefit the imperfect will was found, and was well aware of other that right was done, than As valkin and never asserted any He spied his poor Dina lying dead those accorded to her.

And defendant is And a cup of cold pison was informed and believes, and so charges And a billet-dux 10 sAy that for the fact to be, that plaintiff was entirely died 1 to satisfied with what she received from the He her cold corpus a estate, and which was due her, until she He called her his Dina, though bad squandered in drunkenness and riot- swallowed the pison a lovier a living the considerablesum of money And grave. Vilikens and his Dina lie buried ous she received from the said estate. After the estate was fully settled, the defend- Napoleon on ant was, said by onratorship. after the heirs had Ferre. order of the court, discharged from been put in possession That of the the books estate, and by A correspondent of the Russ order of of court.

Berghaus all went to show that professes have had the papers plaintift was his servant. with the Emperor Defendant avers that the plaintiff and which fortunate he takes chance the liberty enabled of George H. Berghaus and lived that he could not spondent of the Russian Toucan together in open make concubinage, manual gift to her of cor- from the lips of the poreal a movable eftecta to exceed mate of M. Thiers, Count one tenth of his and the Jules Favre The inter which donation is set expressly up by denied, plaintiff, was void for tunity of the if ever, chatean of gave of definitenese of object and extent. two Jatter individual who That want the donation being of a mass or decided as to the a lection of valnables and assete, which cessation of the exceeded the disposable portion, was void said discuss Napoleon, "is with not the 88 tion to of the any whole.

thing As of taore the was value no of dona- one- King William. He will be questions to tenth of the one pronerty of the donor, him. I bave been bis dupe nothing passed to the donee for want of every finesse one and has reserve given What the And definitivene-4. defendant avers that the plaintiff of M. Jules Favre I never bad possession of said tin box and will be turned against contents.

nor of: any part thereof as the pacifio appearance intentions, Count a of consenting owner. that will throw the titi' Wherefore, petition be defendant dismissed, prays and her claim refusal on his august Semmes Mott, attorneys of consists the talent of a diploma rejected. defendant. know how to cast on of his own actions wantingto me in my transactions We clip from the our following exobanges: Interesting law Tuileries. I am paying the Indianapolis sentinel, Nov.

5.1 ties. The Chancellor of North this deficiency in my A Conflict of Jurisdiction in a Bankruptcy has no other object than weeks ago the creditors of believe that the French Charles J. Brackebush, who for several on the war being declared years past has been doing. business in truth is that he and I this city in the seed and agricultural same moment. If had implement line, filed a petition against persuade France that she him in the United States District Conrt, to make this war I should District of Indiana, in bankruptcy.

Due Paris, which I could have notice of the action of the creditors Was ont fear. The contrary served upon Brackebush at Cleveland. case, and my fall and the Onio, where he removed shortly after Sedan are the consequences the collapse of his business in this city. possibility little later. On receipt of the notice he filed his Thiers, he continued, sebedule in the United States District strain: defeated Court of the Northern District of Ohio, because in my simplicity and was adjudged a bankrupt upon his trusted to the Minister of Lout own petition.

who promised me his assistance In the meantime the petition of the draw me into the snare? creditors was brought toe hearing in the way in England, and there of court here, and after it having been veigled me to Bonlogne in de- proved that Brackebush had resided in prison me in Ham." of this State the greater portion of the six or of months the petition, immediately the preceding defendant the filing was, The Flings at Book to throngh. default to answer, adjadged Notwithstanding our old st de- bankrupt, him and to an order his of court sohedale was with is- ory out against book-farmi for said Ale court within ten encourage it by. precept A the olerk transcript of of these proceedings days. was althougb, perhaps, an wit 80, court of the Northern Morgan was one of your WaS filed in the district made men, who was constantly district of Ohie, and motion to in against the many innovations of quash the which proceedings motion had in the case Sher- book. farmers; and yet, step that court, under Judge advisement.

accepted the improvements man, notice of presiding, the took order of court also still berated the book -farmer A was one of those who, in his youth served, more than a month ago, upon mill with grain in one end of Brackebush, who paid no attentiou to and a stone in the other. the the mandate, grain with a sickle long a On yesterday morning Mr. Braokebuth came into use, and held on to made his appearance long after reapers had proved first time since his creditors proceeded But, as we he he against him. His presence was at once accepted the different made known Judge Gresham, who deed, he had gone so far as issued a bench warrant The for his arrest for the rotation of corn, wheat contempt served of court. Depaty United warrant was bat not until after long yen duly Marabal by E.

David, and on States search after crops among Will in the conn- ap- fields, and vain endeator pearance of the prisoner court, too, as his fathers had done sel in his behalf moved court his had no discharge jurisdio- on by turning them out." the the plea that this Gresham overruled the It so happened that been tion. Judge ordered the marshal to retain mo- had three bright, promising tion, and men grown at this time the Brackebush in custody until he should the father on his to file the required first schedule. conflict of fellow was pitching into an no that This has. is arisen under the general jurisdiction bank- agricultural paper pretty en- and if should him he had no use for books prO- rapt hoid law, Judge in Sherman his nor for those who a that the the case will proceedings court little quiet while the and are valid, assume and the no invective to all the this tion magnitude of of jurisdiction importance, will have to be settled ques- which the agent represented out the United be said Morgan, took Stater, If it Supreme should Court be of proven that the three boys, who will doubtle. the court here illegal your footsteps and sup- and proceedings of the prisoner will have are ask of yon if you ate void, the suit good should back and He grounds for Gresham a for for false damages imprisonment.

against you did You ate 'a Judge good for the Ohicago learned many to A Brace of Detroit Lawyers Outwit a Cit- and Jet from ex- izen of Chicago: An application has been tion, you want your all wade to the circuit court for the partition where you did, and he among the heirs at law of the real estate no: don't mean that of the late Benjamin F. Brown, Le: books, man pay mont, consisting of the east, half of the understand that; but in took northeast tractional quarter of section the book, and these boys no 8, township 40, porth of range 14. The ing you for the last so petitioner is Maris Leek, one of the much as if you bad on heirs, who sets forth a remarkable tale perience and had 10 olock of fraud against the estate, said to have difference that I can in of been the deceased committed in by one conjunetion of the with brothers Hal- published tical mer H. Emmons, an attorney practicing you have you the in the city of Detroit. She charges that an audience of great in December, 1859.

Emmons came to Chi- your drank cago along with Aahley Pond, also a law. neighbors of yer in Detroit, and had an interview friend is drink, with Brown, representing to him Bi that have made they were the attorneys for one Wm. linton, of London, who claimed sleep to have a demand of £2500 against Brown diers illustrated a They ment had made been Brown found believe against that an him indict- in A in one soldier foot of and the 60th the men- England for lareeny of this money, and that that he was liable to be arrested and with the help of a 000- taken to England for trial under the the news of the first provisions of the extradition treaty with burg bad thing. Great Britain. Emmons represented that rejoicing are was, and he had a copy of the indictment and was utes the wounded warrior there- empowered to obtain his arrest; but bie bands full of coins to stop the proscention and pre- offerings of unsolicited request vent exposnte if Brown would pay him se about to transfer and the sum of $16,500 Brown was so terri windfall to his pocket, look fied by these representations that he the receivi deliv- sented to execute a bond and mortgage Konig Wilhelm Verein, own his property for the amount.

He ciety for the relief of take ingly did execute 'a bond and mortgage The other in favor of Lorenzo M. Mason, which he cried the brave fal delivered to Emmons, who still has pose poured keeping session of them. poss into the there Mason, who was made the mortgagee, the never had, it is alleged, any interest iu John Went; was, the mortgage or They were never says he has been much claim delivered to him, but retained by Em- papers but it never of The representations upon which scent. I have been as Brown was induced to excoute these doo- connection with this said aments were, it is further alleged, false man, Mayor exes Wed fraudulent, and concoated beti treen wissirner; and all se- and William Brows. did pretty much as which at the deceased.

Having been so I let the newspapers de.

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