Anastasie Desarzant vs P. Leblanc and E. Desmaziliere, his wife Submitted by Pamela Jack ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Taken from State of Louisiana Third District Court of New Orleans Anastasie Desarzant vs P. Leblanc and E. Desmaziliere, his wife Petition filed June 24th 1857 Testimony of Eugenie Laizer Eugenie Laizer a witness for defendant sworn says: She’s a white woman and the daughter of Jean David Laizer. Knows the plaintiff since she is ten years old. Knew her mother when at the age of nine years. Witness is 44 years of age. Has known five children of Justine Baquie’s towit, Celine Baquie, who is dead, Louise Desarzant, Maitre, Bon Blanc, and Toucoutou or Anastasie, who is the same person who was in court yesterday and who witness recognized at the time. The four children named Desarzant were the children of witness’ father, who tried to conceal that fact but witness has heard it from her mother. Justine passes ad the concubine of J.D. Laizer. Witness’ father has always told her that the four children named Desarzant were the children of Justine Baquie. Justine came in 1848 or 1849 to witness’ house to borrow three dollars from her saying that here children were ungrateful, that she was obliged to take her meals sometimes at Anasthasie’s and sometimes at Louise’s and that her sons did not want to have her house repaired and it was falling in view. Anasthasie Desarzant always said that she was the daughter of J.D. Laizer. Cross-examined: She became acquainted with Justine Baquie in 1818. She came to bury one of witness’ brothers. Witness was then about 4 years old. Being asked if it is to her knowledge that Justine Baquie ever had any children. Witness answer was NO! She knows that the children above spoken of were Justine’s because she frequently heard her father say so. Her father spoke of Justine because she came to consult him very often and he said that the children she had with her were hers. She had at the time a child named Louise; she had another one Celine who died. Witness used to see her three or four times a year. She used to come herself, or send her children. Witness never saw her pregnant. Justine Baquie died 2 or 3 years ago. Mrs Abat the mother came to her once and asked her whether the woman living with her son was her sister as she claimed to be the daughter of Laizer. Witness replied that she didn’t know but it was commonly reported that she was. Examination in chief continues: There is a great deal of resemblance between the plaintiff and Justine Baquie. Cross Examined: Justine was very fair had large blue eyes. So has plaintiff. Justine was very fair for a colored woman. P.E. Livaudais a witness for defendant sworn says He was born in 1801. Has known Justine since 1824, 25, or 26. She was a colored woman, fair with blue eyes, and stout. Witness never lost sight of her. Witness has known five children of hers, Celine Baquie, who is dead, Louise Desarzant, Maitre, Bon Blanc, and Toucoutou who is the plaintiff herein Anasthasie Desarzant. He knows that they were her children because he saw them in their infancy and Justine always told him that they were her children. Witness saw Justine Baquie in pregnancy. Loss sight of her for about one year and when he again saw her she had a child. Witness has known Justine Baquie under the name Francoise Martin and Francoise Justine Martin. She lived in the same house which was sold to Noel Destrehan and which now belongs to J.A. Laroix. Witness has known those children very well and has always heard them spoken of as of colored children. Cross examined: Didn’t know Justine Baquie before 1823. Saw her pregnant in 1826. Can’t say of which Toucoutou or Bonblanc she was pregnant. Witness saw her pregnant before 1826 and after that in 1829. He doesn’t of which child he was pregnant in 1827. He can’t say whether the child of which she was pregnant in 1829 is one of the four above spoken for. He became intimate in the family of Justine Baquie in 1832or thereabout. At that time the plaintiff was about 5 or six years old. He has a son of the same age as Anasthasie Desarzant who was born in 1826 or 1827 doesn’t recollect –a-tly. Witness lived at that time with a colored girl who was confined at that time and the very next day she told witness that Justine had also been confined. He was told that these children wee Justine Baquie’s and Mr Laizer would come there very often and speak of it very freely. It was a matter of public notoriety. Continuance: Marguerite Menard a witness for defendant sworn says: She must be from 60 to 65 years old. She’s from St. Marc Saint-Domingue. She came in New Orleans at the time the French evacuated St Yago de Cuba. She has known Justine Baquie in this city. She came here about the same time that witness did. She knew her at St. Marc, Saint-Domingue. She knew her here until the time of her death. Her Christian name was Francoise. She asked to see her very often, used to go to her house but lately did not see her as often. She’s known the children of said Justine Baquie, one called Betsy, who died in Havana and the other called Zelime who died in New Orleans, another child called Louise and another called Toucoutou. She called these children hers and treated them as such. Witness has seen Justine pregnant several times. She once saw Justine Baquie, who was crying and upon witness asking her what was the matter she replied that she was sorry that she had gone to take the oath that Toucoutou was white, that Toucoutou treated her very badly, that she had put her out of her house saying that she was an old mulatress. Witness had known Toucoutou during the first cholera __ in 1832. Justine Bacquie was very fair with grayish eyes. She was the picture of her daughter Toucoutou. A colored young man named Lucien came to witness house and asked her if she had received a citation. Witness answered yes that she had been summoned by Eglantine Desmazilieres. Lucien thn said you had better testify in favor of Toucoutou who is a creole of your county. Witness answered NO! Eglantine has more sense than Toucoutou, an moreover when I die. Eglantine I’m sure will come to my funeral but Toucoutou wouldn’t. The next day Mr. Abat came to her house in her absence and inquired for witness. Her daughter replied that she was not in. Mr Abat then said that he supposed they woukd make her “witness” take one or tow drinks os whiskey and come to court to talk for two hours, but that if she dared to testify against he wife he would ?cane? her in a --- court. Cross Examined: Witness first knew Justine Baquie in this city on St Ann Street. Doesn’t know how long she lived there. She doesn’t know where she went to live after leaving St Ann St she lived in the American Faubourg, on Barracks, Bienville and Dauphine streets and -- many other places. While living in the American Faubourg but can’t say on what street. She doesn’t know where Justine Baquie --- ------. Justine Baquie had her first child in St Marc Saint-Domingue and when they arrived at St Yago de Cuba the child was beginning to walk. Mr Baquie took her at St Yago de Cuba and had a child with her towit Celine Baquie. On her arrival here Baquie left her and got married and then witness lost sight of Justine and a few years after she saw her again with Louise and Toucoutou. Being asked wheter she married again, witness answers She married again as she had done with Baquie and others. She doesn’t know whom she lived with. She doesn’t know with whom she lived. Doesn’t know when she had her first second third or fourth child. But she saw Justine Baquie pregnant and tow or three months after she saw Justine walking about the streets with Toucoutou in her arms. She can’t state the year when Toucoutou was born but at the time of the first cholera she was a little girl about ten years old. After that she used to see Toucoutou quite often. Witness has seen Toucoutou at the St Phillip balls and at Cabarets. She saw her at the St. Phillip balls after the first cholera. She was then a little girl and didn’t dance. She stopped going to balls about twenty years ago. She used to go there to accompany her children and saw Toucoutouthen whenever she went. Witness never went to plaintiff’s house. She doesn’t frequent white people and plantiff claims to be white. She went to her mother’s about twelve years ago. She lived then on Goodchildren Street. Before the cholera Toucoutou would frequent colored people exclusively. Witness lived on Villere Street. Lucien the colored man came to witness house last Monday at half past seven o’clock in the evening. She now repeats the conversation had by her with Lucien. When Mr Abat came to her house she had left the house at 6 o’clock and came back at 8. Justine Baquie died three years ago. Examination in chief resumed Witness has known Justine’s mother in this city. Manuel Prados a witness for defendants sworn says He’s 68 years of age. Is creole of this place. Has always lived here. Knows the plaintiff by sight. Knew her mother, used to know her under the name of Francoise Martin She also went by the name of Justine Baquie. He became acquainted with Justine Baquie in 1816 so far as he can recollect. Being asked if he knows with whom Justine Baquie lived after he became acquainted with her, he says that Jean lazier, when secretary of the Polar Star Lodge No A?? of which Mr Soule and he were members they would sometimes on Sundays go to Justine’s house who then lived near Washington Square in Greatman Street and there he saw the children of Justine Baquie. He recollects that about the years 1825 or 1826 Justine Baquie was pregnant. Recollects having seen Justine Baquie when she lived on Maine Street, sometime in 1825 or 1826. Witness went there often to visit a man by the name of Doublet and afterwards a builder by the name of Maurice Piazetta each of whom lived successively with a woman named Marie Jeanne Doublet who occupied the other half of the house to which Justine Baquie lived. Witness saw Justine Baquie suckling a child. Witness saw three or four children at Justine’s can’s say precisely the child which Justine was then suckling was a girl. Witness lost sight of Justine Baquie for several years and some ten years ago he saw her again when she lived in Greatman Street. She had then a girl with her. Witness remarked that she was a fine and as pretty as her mother. Justine replied that’s my daughter and she is to be married. That same girl witness saw in court on Tuesday last. Witness has always known Francoise Martin or Justine Baquie as a colored woman. She certainly did not deny her being such. Laizer told witness many a time “more than ten times” that these children of Justine Baquie were his. He made no secret of it. Witness remarked to him once. Are you not ashamed, being a married man to have such a family to which he replied. Those are holdes continually cut into the contract “Des coups de canif dormes au contract” Cross Examioned: