Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-06-15
Superior Csurt.
Before Judge Oakley.

JUNE l4.-Jos Polmeira vs.. W. H. Jones.-This
was An action to compensation In damagesio
severe beating inflicted on him by the defendant,
about Christmas last the steps OF the washington
Hotel. The parties are well known character, IN
the city, the plaintiff being the distinguished iaan
frizxeur at the Aston House, and the deienuan.
Young merchant Of Pine street, celebrated ior ms
great wealth and high family connections. Inc
plaintiff happens to pride himself apon some Pecu-
Of ms young
of which this community happens 70 possess sucn
a large proportion-who pride themselves On having
more money than manners and greater ProPo..ion
of breeches than brains, and who claim Tor their Pc
cular CLIQUE monopoly Of all the practical joking
which may be rsquiredfor the use OF the beau monde
in general and their high mightinesses in part
ocular ~
It appeared from the testimony that the defe ndan
had long been in the habit Of visiting the plantln
who used to exercise the art tonsorlal on Mr. Jones
pericranium, but whether to ITS improvement Or
otherwise, was not apparent. One thing, however,
was very clear that the plaintiff never TOOK the de
PENDANT by the nose, but that the latter made pretty
free Of his tongue and that too not greatly to the
edfcation Of either the plaintiff understraPPers or
his customers He used to taunt the plaintiff with
being the first cousin to monkey, and brother tothe
female Ourang Out0ng, which was for exhibition at
the museum in Broad way. These gatherings neces-
sarily rrtated the plaintiff, who coming fren the
sunny cline of Italy, was not perhaps the miidest
man in the world but still he considered that Mr.
Jones' behavior was bad, his money was good, and
the shavings at the same time. Human nature, how
ever is hannah natare, and barbers albeit proverbi-
ally patient asses, are, when aroused as stubborn
also and one evening about Christmas, the defend
ant having taken possession OF avorite pair OF scis-
sors belonging to the frzzeur, which ne refused to
give up, regular occurred in the shaving shop
No fighting however was permitted; but on the fol-
lowing night Palmeria was at the Washington Hete
when Mr. Jones gave him so sound whipping that
the Italian pcrruquier laid up for week greatly
to his own chagrn and modification, and much to the
annoyance and disappointment Of sundry dandies and
fair ladies who required his services at that gay
and festival giving period Of the year
contended, first, that Mr.. Jones had lent the plain
tiff money various times, and ergo he had right
to Joke man who was his debtor aud to whip him too
il he did not submit to his jokes Secondly, that the
frzzeur but barber and if he did wear his hair
of peculiar cut, or his whiskers OF an inordlnatc
size why he must expect to be likened to baboon,
and that too without feeling the affront. Thirdly,
that when man had another by the nose, it was
some What dangerous to tannt him, especially II he
should happen to have a razor in pretty close proxi
nifty to the jsker's throat; and on this view OF the
case the inference that the jokes not so bitter
as the plaintiff weuld wish them to appear Lastly
aud chiefly. that Palmera sought the quarrel at the
Washington Hotel, and by inference struck first
did not get beating than his antagonist; and
il he was ashamed to show his handsome physiogHo-
nv in Broadway until he had applied oysters and cold
beef enough to the bruises TO ehace them from his
face, why, the sum of three thousand dollars was
rather too mug take out OF Mr. Joness pocket tor
merely enjoying himself in such q rational and gen.
tlemany mode as first irritating and then thrashing
his own Italian barber.
His Honor differed little from this view Of the
matter and the jury, under the charge of the Court
found verdict for the plaintif-damages one hun
dred and fifty dollars and six cents costs