American citizen. [volume] (Canton, Miss.) 1864-1890, 1873-12-06
A Funny Document.


THE Columbus (Ohio) correspondent
of the Cincinnati Gazette relates the fol-
lowing:
About the funniest thing that has oc-
CURED in Columbus for long time is
the suit of Joseph Weller by his next
friend, Joseph Matt, VS.. Nathaniel Mer-
ion, to recover damages in $4,000, be-
cause, as alleged, Merion's dog bit the
plaintiff, November, 90, 1872.
All the parties to the suit are we'll
known here, and prominent legal talent is
employed on both sides. The case came
on for hearing this afternoon, before
Judge Green, and was opened in the
presence of d large crowd of amused spec
tatOrs.
The petition of the plaintiff sets forth
the facfs in ordinary Legal LANGUAGE hut
the defendant,s answer which T take
from the Dispatch. of this evening, is
more ambitious and proceeds in the fol-
lowing vein of dronery and richness:
"Defendant saws that on said 26th day
of Noyemhar 1879 and for sometime
prior thereto. his daughter was the owner
of a small dog, about len inches in height,
weighing from fifteen to twenty pounds,
black and tan in color, and of q gentle,
playful disDosition. such as are generally
found and kent nv children and youu Ger
Nom hers IF n f,'m;Iv no net or MAY.
thing This dog was in the habit OF fol
LOWING him and other members of his
fnmilv as sucb dops generally dos oftenI.
ahout inc s;tv l,srS sfrhnSS h is nes;dence
which IL II say fOn yar5Is -froTn yfe.~c,,,-
cory store referred to in the netition m the
said store. and frequently at his said dogs
own voliIion, to 90 back and forth from
the said residence to said store. and about
the vicinity thereof behaving himself in
a very quiet and docile manner toward all
mankind. Plaintiffs next friend. Joseph
Matt, who is plaintiffs brother.in law. and
with whom plaintiff lives, has a drug store
diagonally across the street from afore-
said grocery store sav 195 feet distant.
and was at that time and nrior there
to. the owner. or possessor of a dog
of similar species. perbaps little
larger in size These two dogs had
formed an acquaintance with each
other. which. by some means. had led to a
sort of emulation or rivalry between them
of such nature as to produce acontinuous
and even renewed attempts on the part
of either wafeh they met to gain the
superiority, each over the other, and as it
never was decisively determined which
was the victor wheneyer thew saw or an
nroached each other the contest ALWAYS
commenced afresb Each On his own
premises was eager for the fay and was
invincible, but each on the premises of
the other was timid. peaceful. and ready
to retire: and. when. in the course of duty
or nleasure one nassed near the domiciie
of The other. he FASTENED to escane with
dreaming ears and Iovlv tail while the
other pursued with boldness and courage
mill the domic;le of the other was neared
when turning Mt hav the scene chan ged
ond ,ba ,,nrs,,ar hcc.,,o a. ,,,,rs,,ad
These raids and conf,;cts. nsns,fv harm.
less because of the OVERWHELMINGLY of The
combatants attracted the notice of vari.
ons nersons and esneciaIIv of the resnec-
tive persons and narties Inv whom said
dogs yere owned and kant and 90 tbeir
modes Of bat,Ie and to,,rnamants at1ack
and ratreat were l,d;crors and a ffordad
amnsamsnt was enconran.d t,, sa;d nsr
to- ~ s.;J 80 se,,,,7o5 ~, 10 arf,ro
of tho interest they excited and wh;Ia
rhns cnntand;pG ~. ,he;r resnecf;ne
.bomes their aItors and their fires;des
-, orl-od vii md -n,od aoch tha;r o,,,n
non,s hoctor NJ aii;ss arJ saar,ad 10
eynec, 1rhen .;th.r anns.rad flat ,heir
cnamnion n.as near . Ell an .xnscssd H..
doc 70 DO h;s dnt,, IN tho o,i,rooch;nn
con5f,;ct Dafandonf - ,,rohid =" s,ats
hnu, th;s donrad s.,,.;,'.,,t u,.s sorrnar,
hut he believes il to have existed. "A it
was distinctlv demonstrated in their
actions. Plaintiff and his next friend
did ON their mart encompass and
invite their doc when onnortun.
ity offered the dog mentioned in
the netition and the Iast mentioned doU
offering battle with the plaintiffs next
friend dog whenever plaintiff approach
ed him, and when this occurred near
plaintiffs next friends drug store las
often times he did open the door of said
store and incite said dog to attack the uog
in petition mentioned when passing therel
the dog in petition mentioned would, as
before mentioned avoid the conflict. Int
when occurring at said grocery store, or
distance from said drug store, said dog
was always ready and anxious for fight,
waiting and expecting hostile demonstra-
tions of plainilf and his next friends
dog; and therefore it occurred on or
about the said November 26, 1872, when the
said plaintiff came into the said grocery
store, the dog in the petition mentioned,
heretofore quiet, harmless, and quiet
toward all others, discerning him alone,
and hasting to acquit him as usual of his
rival, offered the usual gage of combat;
the next friends dog in the list, APP
preached the plaintiff, and, to attract his