Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-07-31
Early Ind ana Trials.
nrnlsrscrscrs BY HON. o. H. SMITH.
AIAwYRR's MANGuvER.

lawyers VANCOUVER.
At the first term attended at We
vsy, was en- ployed by John IL. o..
Neal to defend him in an action Of
assault and battery by Thos. Mount.
My client was stout young man,
and Mount an old man, ofmuch infe
rior strength. / was satisfied from
,he statement of my client that it was
an aggravated case, The counsel for
the plaintiff, John Dumont, Stephen
q. Stevens aud Amos Lane, my client
told me, were 10 have half the dana
yes as their fee. knew and had rea-
son to fear their powers in such case,
with the stimulus of contingent.
especially If they had the close of the
argument before the jury. The cas-.
was called, and l filed the plea OF
son assault alone, 70 which they re.
piled de irJuria, i" giving me the open
ing and closing of the argument. The
cause was continued, and at the next
term referred to arbitrat on, and tn,
term following an award was return.
cd against my client for 81 900 dana.
yes; but the N b.trators had neglected
10 be sworn. The award was set asid,
on my motion, at the next term, and
the cause Immediately called for trial
Ready" said the plaintiffs coun-
sci.
Ready" said /.
A jury was Immediately cmpannel-
ed. | commenced the case without q
word to the jury as to my expected
proof.
SHERIFF, call William O'Ncal."
Tho witness was sworn and took the
stand. "WilIiam, will you state t.
the Court and jury what you know OF
an assault and battery committed by
Thomas Mount OH your brother John
IL. O'Neal, in Dearborn county, about
three years ago?'
"Stop! not word, said Mr.. Lane,
rising and addressing the court. ave
object to any evidence OF any other
assault and battery than the one laid
in the declaration, in Switzerland
county, and especially ofany one that
took place more than two years before
this suit commenced"
Judge Eggleston, evidently without
his usual reflection, said
"The witness will confine himself
to the case in Switzerland county. ]
except"
The witness knew nothing of the
actual case before the jury. and retir.
cd. The plaintiff then proved a most
aggravated case, and the jury then re-
tired under the charge Of the Court,
Judge Eggleston sat silent upon the
bench, with his head resting upon
his hands, for few minutes, then raj
sing his head:
Mr.. Sheriff, bring that jury into
Court"
"Gentlemen of the Jury, the Court
erred in rejecting the evidence of the
assault and battery in Dearborn coun-
ty. This is local action. The stat.
ute Of limitation is only barin civil
action where it is pleaded; there is but
one count.in the declaration, charg-
ing but one assault and battery, and
that the defendant has justified by his
plea; there is no new assignment OF
replication of aggravation, the proof
offered should have been admitted
and under the circumstances, altho
somewhatirregular, although the fault
was with the court, we will hear the
evidence now.'
The proof of tho assault in Dear
born, on my client, by the plaintiff
was positive; and the jury, under the
charge OF the Court, returned a ver-
dict for the defendant. In the mean.
time, Il o statute elimination had run
against the Switzerland case, and no
other suit vas afterwards brought
1t is due 10 the distinguished counsel
TO say that they had no idea or init
nation that there had ever been any
difficulty between the parties, except
the one for which the suit was bro't
That fact was our only defence, and
was kept secret from the plaintiff :
attorneys, or they would OF course,
nave defeated the defence.
A DooBERRY.
Shortly after this case, came on 10
he tried before the Associate Judges.
Fugit and Atkinson OF Decatur Cir
cult Court, case against u man foi
refusing to work his two days on a
school house, the statute requiring
,ach "able-bodied man to work his
wo days The case came up on an
appeal. The facetious James p.
brown for the defendant, anu had
the good luck TO be employed by the
! School Commissioners The case was
important, as there were several other
refractory cases waiting the result oi
this one. The case was submitted to
| the court; the evidence was conclusive,
and opened TO the Associate Judges,
ior the plaintiff. Mr.. Brown arose
with the greatest apparent confidence,
addressing the court,
There is one point in the case that
ia conclusive against the plaintiff"
"Where is thatY said |.
"You have not proved that my cli-
ent Is an able-bodied man"
As he said this, his client walked
up and stood directly fronting the
Judges. He was man about six
eet high, square shouldered, with an
,rm as large us the leg of common
nan, wearing immense whiskers
,mustaches were confined at that day
,ntirely to the French barbers). "Mr
Brown" said, sis that man your
client?"
Brown gave him contemptuous
'ool. "Yes. sir"
"Do you contend that he is not an
ible bodied mang
"May il please the court, do not
pivot my case on that point"
/ N, thA a