The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-09-07
Report Of Important Law Case lately
Tried In Iowa.

Mary MarpeH rs. Dinah Becknsr.
ASSAULT AND BATTERY WITH AFRYISG-PAN.-T cow
sci for the plaintiff his opening address, stated. that
this was aggravated of assault and battery
med his client, the plaintiff by the deie ndant with
force and arms slaves, brckbsts and frying pans he
begged the jury to recollect him. He reminded the
y and i was their duty to ndic such damages on the
plaintiff would deter her from the commission Of such
acts Tor the future and act as an example TO others,
in their hands.
The first witness called on the part of the plaintiff
Dina Rivers, VINO being duly and properly sworn testi
fed that about three months since she the defendant
pull the plaintiffs hair. On her examination she
said that she did not know what Try ing pan was
it was not gridiron. The next witness was
MARGARET prrrrn-saw the parties scoding each
other; the defendant strike plaintiff with something
cant tell what it it resembled tin plate with
stick tied to il does not know what fryingpan Is
heard that aunt Sally had frying cannot say for
what purpose frying pans are used expects that frying
pans frying pans.
article used in assault black and had hole in
it. Defendants counsel requested the court to note this
important point particularly.
EsrHrR DUMBLr-Testihed that she saw the ARRAY
defendant positively struck plentif with fryingpan
On her Xamination, she certainly knows what
fryingpan is i IS not tin kettle nor copper boiler
with does not know that she ever saw Try ing
pan made of wood knows what knot bowls are a
fryng.psn is knot howl frying pan is tin ket-
tie with tail she thinks that the fry ing pan was
either cracked had hole in it is certain she saw
daylight through it never wore glasses because ner
sight is good.
The plaintiffs counsel then rested, remarking that he
considered assault and battery rumphantly proven
The defendants counsel then rose and addressed the
eloquent manner May i please your honor,
this important case may say is an exceedingly
important case involving principles OF law and
justice Of the greatest magnitude lie would not pro-
ent points of law, 10 which he would beg the
attention of the court lie would move for nonsuit on
the following grounds, viz lst II Is alleged IN the
plaintiffs declaration that the weapon which it said
was used N the ARRAY was iryingpan IN the face Of
this explicit declaration what does the plaintiffs counsel
prove by his witnesses Dnah Rivers testified that she
the defendant strike plaintiff with tin plate that
had a stick tied to it, Now all know that fry ing
Sc ppiat with aetir cd tn md
witnesses any explicit 2nd If the judge
of opinion that the article used was afryingpan
then he would insist that as proven to have hao
hole in it. 1t should have been stated In tho
that said frying pan had hole crack IN H. whch noio
crack did admit the light. - .,....
lie would not up the time OF the Court any longer
but this was an important case and the points he rails
ed were ofhc utmost consequence not only TO the par
ties to this suit but to the country e Is. ana
The learned Judge admitted the Importance Oh the mo-
ton and the points raised BY the deendsn's counsel
no had reflected the subject and had come to the con-
cusion that it frying pan that was used, and
that il were the hole or crack should have been de-
scrbed in the declaration lie would therefore, grant the
motion fol- a nonsult
The WYMAN CAsE.-The Court of Common
Pleas on Wednesday, at Concord decided adverse
~ the motion of Mr. Choste, the part OF the defen
dant in this aud sustained the indictment objected
to. Col Rogers then commenced the evidence Tor the
prosec uon which will now be introduced as rapidly az
possible. The third day Of the trial has elapsed ana
only questions of law have been settled. Mr. Web
stor is quite unwe and will probably leave the case IN
the of MIR. Choate and Mr. Hoar and leave town.
STATISTICS OF CALoMEL.-One house IN tnis CITY
has, we are told prepared and sold, within the last
three years II 900 pounds Of Csomel The consumer
pays the spothecary for the medicine at prices VARYING
from $50 to $500 per pound Putting the above quenty
az only $40 il would appear that the price paid for II
has exceeded million Of dollars II IL supposed ths
the quantity manufactured by other houses at isan
Nv tmse q. much If So the cost Of cslome In three
vears has bsen 50 900 900 an svsrsgs Of i've u'os
psr sopuu rhd car. -ias 10