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Story
August 20, 1854
The Weekly Comet
Baton Rouge, East Baton Rouge County, Louisiana
What is this article about?
In a New Orleans courtroom, John Barbee, a one-legged man from Africa, was tried for slandering Charles Cross, a free man of color. No applicable law was found in the judge's books, resulting in dismissal of the 'caseless case.'
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Full Text
WHAT IS THE LAW?—Yesterday morning a very intricate case came before his Honor Judge Sans, of the 1st District. The case was a slanderous case of slander. John Barbee, a full blooded gentleman from "Africa" with one leg, but none the less able to give 'leg bail' had with malice aforethought wilfully slandered Mr. Charles Cross a free man of color, who notwithstanding his hard name "for a suit" is a very even tempered man.
The court was called to order, the Judge was in his easy chair with all his native dignity as a judge—books papers testaments with and without crosses, statutes at large, civil codes, etc. Van Oudon's yellow Lioness with cubs (pasted on the wall immediately over the Judge's chair) smiled with much benignity and satisfaction at the orderly proceedings. The two freeholders were there and sworn to do their duty, the friends of both parties were there—the District attorney was there—the evidence for the prosecution, and the evidence for the defense, besides this number, all directly interested in the suit: there were many spectators from the lower end of Church street. The prosecution commenced—witnesses were examined, and during the orderly progress of this exciting suit, some one asked the Judge to read the "Law on the subject:" the Judge looked about him, shook his head, and intimated that the law was contained in the affidavit. This was objected to, then the question was raised what is the law and where is it? Strange to say that in all the books of the Judge's office no law could be found bearing on the case—There being no law, of course, there was no case. Arguing thus, in a logical manner there could be no trial without a case—thence there was no prisoner: and the fact paradoxical as it may seem was fully established that it was a "caseless case." The Judge left his seat of justice to arrange his toilet in the back room—the lawyers vanished, and "silence reigned supreme."
The court was called to order, the Judge was in his easy chair with all his native dignity as a judge—books papers testaments with and without crosses, statutes at large, civil codes, etc. Van Oudon's yellow Lioness with cubs (pasted on the wall immediately over the Judge's chair) smiled with much benignity and satisfaction at the orderly proceedings. The two freeholders were there and sworn to do their duty, the friends of both parties were there—the District attorney was there—the evidence for the prosecution, and the evidence for the defense, besides this number, all directly interested in the suit: there were many spectators from the lower end of Church street. The prosecution commenced—witnesses were examined, and during the orderly progress of this exciting suit, some one asked the Judge to read the "Law on the subject:" the Judge looked about him, shook his head, and intimated that the law was contained in the affidavit. This was objected to, then the question was raised what is the law and where is it? Strange to say that in all the books of the Judge's office no law could be found bearing on the case—There being no law, of course, there was no case. Arguing thus, in a logical manner there could be no trial without a case—thence there was no prisoner: and the fact paradoxical as it may seem was fully established that it was a "caseless case." The Judge left his seat of justice to arrange his toilet in the back room—the lawyers vanished, and "silence reigned supreme."
What sub-type of article is it?
Curiosity
Crime Story
What themes does it cover?
Justice
Social Manners
What keywords are associated?
Slander Case
Caseless Case
Courtroom Proceedings
Free Men Of Color
Absent Law
What entities or persons were involved?
John Barbee
Charles Cross
Judge Sans
Where did it happen?
1st District Courtroom, Lower End Of Church Street
Story Details
Key Persons
John Barbee
Charles Cross
Judge Sans
Location
1st District Courtroom, Lower End Of Church Street
Event Date
Yesterday Morning
Story Details
John Barbee slandered Charles Cross; in court before Judge Sans, no law on slander was found, leading to dismissal as a 'caseless case.'