The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-03-28

THIRD DISTRICT C0uRT-fmp0rtaHt Snit far Dana
$4,000 Claimed. Veau Dnpas.-This suit has
occupied the court and jury for several days. and last
night given the jury. The facts which the suit is
founded published by quite fully several weeks ago.
We will reciie them briefly, and then give condensed
of the of Messrs Duio and Grymes ths
leading counsel in the
litigation, which had assumed aggravated character
was pending between plaintiff and defendant AT the close
oil the Argument rule and after the adjournment
the court, dispute between them. Mr. Witz friend
Of Dupas nterered; high words passed between them
when Witt knocked Veau down. and either FELL or threw
himself on him. While in this PROSTATE condition. veau
stabbed ltz who rapidly retreated and fell while Veau
was advancing Dupas stabbed him in the back inurng the
spine, and as plaintiff alleges, paralysis of the
right leg.
The defence justified the the ground that Veau was
about 10 commit felony the person OF Witt and that
therefore, defendant authorized disabling him. Evi.
dence also offered to show that Veau had suffered from
partial paralysis before.
The cause conducted by Duiour and Carter for plain
tiff; Grymes, Burmudez and Wolff. for defend ant.
Mr. GDmes rose TO address the court for the Defence
began by nQurng in what position the plaintiff stood with
regard 10 the law. He said that all gatiye enactmen
on this subject drawn from the French law and tina
law would the and jury the case before them
de would meet them that ground and he would
to satisfy Them the principles of the law he
argue. He would try prove by French, English and
American law, that the before them unsuitable
By the circumstances of the He would the
jury and the court before they final Judgment upon
this look closely at the dctum Of the laid down
in The books and the rules OF law clearly bearing
the facts of that and he thought he should be able
clearly and their satisfaction, prove that the which
the defendant charged with committing 60 commit
ted defence OF the life of another person. He then quoted
from Shaw Penal Code Sd VOL 12d page, the effect that
man had right to weapon in self defence when
attacked by another One great thing for them to do was
place the boundary line, and to define where
jusable. and where it became crime The right of self
defence oonsecated by the code of France of Rome
and of all civilized countries in all of the world and if
this defence produced DEATH providing the life OF the person
acting in efdeence in peril the act would only
to unsuitable homicide. Ii it proved that this
Of that character. it would be wrong say that the
person charged should be amenabe in civil in the
shape OF damages If person repulsed after making
attack, the right of sedeence lost for
law u to act in seldeteuce than really
and the right OF sedeence exceeded when murderous
used, where the aggressor had In these
principles OF the law the Jury must be guided by the actual
circumstances Of the and by strictly pcturng the
preston upon the mind OF the attacked the
men when the action in sefdefence took place. In the 9Th
volume of the Journal dc Pale and 25th page, which was
high French authority held that homicide egiti.
when the defence of self of another and the
doctrine taught in the 9Th volume OF the
work, and in the Commentaries of Blackstone Thus if
killed prevent the commission of serious crime
unsuitable act both by law and by lie then
quoted Chief Justice Hale, and Rnsses American Treatise
Crime, well Fuard Reports, page $50, all in sup
of the argument. 1t fact that every law
book in the world held il be right to disable from
committing serious crime
The jury would naturally ask who committed the first act
OF violence and travel through the whole circumstances to
who right and who wrong. lie admitted the
credbty OF all the Witnesses and the jury would remember
that high words going between the parte in that
courtroom and that Mr. Witt interiered as a peacemaker
This gentleman had been employed by Dr. Dupas to settle
the between him and Mr.. Veau, who had been n
partner with him in business. Mr. Witt found that certain
had been received and credited ia the books and on
speaking to Mr. Nean about it, he bad ordered himself TO be
credited with them Mr.. Veau said ii any bat said he
received without credng it. he was an Infamous
liar. Mr. Wilt asked Mr. Veau calmly if he knew what he
said and he reiterated the expression upon which Mr. Wilt
gave him slap the face. He did intend TO Justify
that, but Mr. Veau must be held amenabe for his own i'm.
prudence He deed look the facts and to say
thai any blows would have arsen had Mr. Veau throw
such language at the head of the friend of Dr. Duuas Mr.
Veau then chased Wks, and his offence became az era
vated and at this time he fell down. having been struck with
dagger II the jury are OF opinion hstit the impress
sion the mind OF DR.. Dupas the time The injury was in
feted that the life of Mr. Wilt was in DANGER it would be
bar to giving damages in the case because he was ell
gagged in an illegal act when he received the injuries The
learned counsel then went on to prove from the evidence
that predspoaiton 10 para existed the system of Mr.
Veau before The occurrence and after speech which lasted
two hours, hoped that the jury would consider this
guided by Blackstone view oil lust ahe hooicie and
acquit Dr. Dupas of all fault blame the inuest degree
Mr.. Duour 10 reply, and after comp menng Mr.
Gyms his eoquence. called the OF the jury to
the preex up by the defence few minutes after the
stab had been received by Mr. Veau and in answer to
question from of the Witnesses, Dr. Dupas said he
struck me. and struck him. But this defence was Jrop
ped during the day. by Dr. Dupas who being man of the
world, knew would do, he had evidence to sup
port and in the evening OF that day his excuse was that
he struck MIR. Neau to prevent him from killing Mr. Witt
and then in answer petitions filed that court he denied
having stabbed him altogether. And this attempted to
be carried out in the ssexanaton of the Witnesses for
every one asked if he the committed This was
answered by them all in the Manner no one saw the
blow giysn yet Mr. Carter said he had no doubt about
Dr. Dnpas having given the blow. When all of these
engines OF defence had failed him. he attempted TO set up
MIR tean as n public decever, and medical men were
brought there to establish the fact that he predspose to
paralysis and that though he strong and hearty pre-
vioas to this event, he was now playing the If the
jury of opinion that the parayzsd frame of Mr. Veau
from the blow he received the sd Of last August
they would allow him damage but il not they would dis
miss him with shame the wretch. Dr. Dnpas wished TO
make him appear be- The Jury could but have seen
whence the learned counsel drew his medical questions 10
put to the medical they from the man who had
been MI Veaus medical attendant and who not being COLI
tent with making him cripple Tor life, prosecutes his ven
geance farther, aud tries make him public deceyer The
fact that Dr. Oupas tried disable Mr. Veau on the
spot and he did eieeiualy thunde, bol, had
fallen from Heaven, and effected the purpose He od on
Of the witnesses that he could have killed Mr. Vesu b, M
struck him sideways, but he struck him straight II, c,,
him and he did crush him. and make him cripple lie
farther the perfectly parayc symp,om. al
Mr. Veau. and showed by the medical testimony ,ha, he
EkaIy ha n I,lst .sH