Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1827-07-11

n,oA sansitisS feature That that individual pos
scsscs, ,--remark7d, that this was not a COM
mon case Of assault and batterr; Ia was an
aggravated ono. and was deserving Of the Sc
we're disapprobation Of the law. The injured
individual, was well known IN Boston, as q
harmless personage, who obtained his living
by public speaking; had in early life been de-
privcd OF .hs nae Of one OF his limbs, and il
Was not unlikely, that the defendant taking
advantage Of this physical defect, undertook
~ chisllse i,iu, because ho knew he MAS not
cap,b!c of defending himself [rese the
ierrncd Baristcr, wcpf, and egsin wiped his
ewes and blew his nasal orcan.] Ifit may
please the court, continued tho barrsier, do
not appear ;lere as colDsel for the defendant; /;
I simply come as his friend, nor do | expect 10
gain any reward for my services. Bnt ! do
think, may IT please the Court, that this s an
aggravated case Of assault and bsttery;-it is
not of thc co, oInon Kind, and something more
f1an a common penalty ought TO be inflicted,
and I cannot but hope that the Court will
award 10 the aggressor his dues. This should
Nc done for tho honor and dignty of the State,
aud for the sake Of preserving that character
for hospitality towards the citizens Of Massa-
chlsc'is, for which we have heretofore been
proyerbial.
Mr.. PARMENrER, counsel for the defend
ant, sad, tlat with the permission Of his pro-
fcssion0k brother, he would undertake The de-
fence of Mr.. Sou,hworth, and although he was
aware that that gentleman was liable to the
laws of the land, for placn his hand OH the
pcrson OF another, and that no defence could
be made, that would screen him from a small
fine, stI!l be had som2thing 10 argue in mitiga-
ton OF the offence, and which he thought,
ought to induce the Court 10 inilict as small a
penaty ns possible.
Tho gentemin an the other side, in the
course of his REMARKS, had insisted, that the
article in the Cadet was libel. and that Ora
70, Fnmons had not only been Injured in his
person, but b's fame as an orator had been
iagnishcd, and he ought 10 find redress. As
for the article, continued Mr.. Parmcntor, in
sis' il is not libel; il simply denominates
Eminons as an IDIOT, title that has been APP
Piled 20 him over since he bis been known to
The public, and j, is title which he w.ll in all
prob bilty. wear as long as he lives. We all
knoythe man; have heard him many a time
during my residence in Boston, !Iarranguing
the people, and !.e is tLore treated as he ought
80 be, IS n dot. l. was not long since, that
he vas run IA candidate for responsible
public Office, aud came near Obtaining his cleo
ton. But who Supported hinl, and how was
lac Supported! WIZ ne was supported by those
vIo TOOK no interest IN the a,la.fs of The State.
aId vino merely, 10. the sake of frolic, sup
ported Il man "ho vas disgrace to the city,
aad who was at ali aunds acknowledged to be
al lot. | contend, please. the Court, that
thongn Mr.. Soutnworth has violated the law,
ho IS noi deserving vi severe punishment, as IL
is giyen IA evidence, that he was not angry,
ana aid not intend doing any violence TO the
person of the complainant Emmons, wher-
ever he ~ known, IS known only as an IDIOT
and a mountebank, fool ,at whom every body
laughs, and who is so easily imposed upon, that
tfc wags nave made him believe that he is a
mao of Talents, and have induced HIM to ap-
pear before the world in the charn cter he now
ass',Ines; and il he is willing TO be laughed at
in public, and bee . the subject of ridicue,
WY should he complain, if The shafts of satire
are pointed at him in private. What was done
To him, and il is evident that no acts of vio-
le,co were committed upon him., was done in
sport; indeed, so little did Mr.. Southworth or
the boy (Clrtis) think Of it, that neither Of
them ever spoke to Inc on the subject, though
to,h have been At all times in the Office since
the transaction. The boy, Curtis, swears, that
when he witnessed tho transa action, Mr.. South
worth was laughing, and he supposed that all
was done in sport. l am certain that
there WAS no anger evinced on the part Of the
defendant, for if he had been angry, he would
have put E,n,nons out Of the office--as is us,-
ally the case, when men enter printing Office,
and are impudent.
CHere Mr.. Parnenter was interrupted by
Haiet, counsel for the Plaintiff, but not
for the State, who said that il was not material
what Enmons department might have been.
or what his character was abroad. This was
complaint for an assault and battery, and
the onfv question was, whethe: the defendant
was guilty or not guilty.]
Daring the investigation, Orator Emmons,
and his friend and associate, Halctt, were
deeply affected, and if specta tors had not been
present, We presume they would have frequent
H. fell down and embraced. 1t was an See
ng scene to behold two orators minglng ;heir
unted syinpathies, and had
-" not God to some strong purp's, sieefd
The hearts Of men, thew pero. have sneii ed
And barbsrism itself have pitied" them.
Nr. JrsrIcE TILLIyGHAsT, in delivering
his opinion, remarked, tho. although il did not
sppear that the complainant had suffered any
particular injury, yet as a breach Of tho peace
had been committed, he considered himself
bound 20 award fine TO the defendant; ard
.'.refore sentenced him to pay a fine Of three
d,sars, and coSts, and in default Of payment
~ be committed to the common Jail.
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