Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1874-04-02

N John Ellsworth was dismissed by
b ,la plaintitf at the late term of the
Il ,.oryt. We have been furnished
u with the following remarks of Hon.
b Moses II. Strong one of his council
d an dismissing the suit,
q yftLe C.nua please:
q In the case of Newell n, Jones
Il ooainst John Ellsworth, | am iD-
d .trrcted 10y my client to enter g.
b ,,ou,uit. Before doing SO ask the
8 Indulgence of the court to allow me
II - state with the utmost brevity the
,a9,ons that have induced him to
b atellcn the further prosecution of
Il rli> ~l3't.
Ibis is an action for an unpro-
tolle2 and outrageous assault and
Il battery al which the plaintiff claims
,lamamas to the aeaount of $4,000,
Tn 4he raonth of June last ut the vii
u 1are of Avoca in this county, in the
.lafll9a.s of night, the defendant
yit1p:gt any warning to his victim
4 .aul without the slightest immediate
,rotecation, with no mctiye except
The wicked and malicious desire of
I revenge for some long past injuries;
4 resl or imaginary; made violent
! assault upon the plaintiff with a
heayv loaded whip, commonly called
Black Snake" and dealt him a blow
mon his head, which felled him to
the ground. He followed up the
assault with repeated blows p'on
The head and shoulders of the plain
gilf, doing to ham great bodily halan,
and placing Ills life in the most I'M
lniucnt peril The plaintiff was en-
aided SO far to recover himself as to
get irem his pocket small pistol
which he accidently and fortunately
for Ais defense had with hirl, and
with that he discharged shot at
the defendant, which took effect III
the side of his head, which disabled
him from continuing the assault and
which III the event Frustrated HIM
tor;several weeks duling which time
crave fears were entertained that
the wound would prove fatal.
Reports were Immediately circu-
lated that the plaintiff was the first
aggressor, and that he had himself
shot the defendant Eithout any pre-
aious provocation. These reports
were confirmed by the accounts
which the defendant had himself
repeatedly given of the ARRAY. They
were published in the newspapers
and to some extent gained credence.
These reports were doing great in
Jury to the good naaae Of the plain
riif which had previously been with
out stain.
With the exception of very
meag,,e examination before naSas
trate, the day after the atfray, in
which the defendant was not and
could not be present, and on which
the plaintiff was acquitted, 40 pro-
ccedings had beer instituted before
the commencement Of this suit, to
develop the true character of this
most unfortunate transaction.
For rfo other purpose than to vim
diclte his character and his con-
duct in this ARRAY, the plaintiff in
~tituted this suit a few months
after it was commenced the defen-
dant made a complaint against the
plaintiff before 9 justice Of the peace
III Dodgeville for an assault with
intent to murder. A most thorough
investigation of all the facts was
had. The defendant made his state
mcnt under oath which contormed to
the reports to which have referred.
The plaintiff under his sworn state
ment which was substantially the
same / have now made. a large
number of witnesses were examined,
tlneng whom were two young men
who were i'll close proximity to and
who saw the whole transaction,
The result of the investigation
was most triumphant vindication
OF the character and conduct of my
client, the plaintiff in this action,
not only by the verdict of the very
large nuNocr of persons, who heard
the trial, but by the Judgment OF
the court; which was that Newell
y. Jones shot John Ellsworth in
justitiable self defence, and that he
be acquitted of the offence with
which lie was charged.
The plaintiff in this action feels
.L-t Il l. uru,u E,,tl.hn - ,.ro.u.,,. q