The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-06-13
THE COURTS.
First District Court.

The case Of Columbus 81. Allen, charged with
assault and battery, was called.
Mr.. Allen plead guilty, ard filed the following
affidavit re lating to the circumstances which led
to the assault.
State Of Louisiana vs.. Columbus 81. Allen,
First District Court, Parrish Of Orleans. Indicted
for assault and battery.
Columbus II. Allen, indicted herein, fer assault
and battery committed upon the person Of
James Wood, now appears and to said charges
enters his plea of guilty.
Unwilling. however, to appear before this hon.
orable tribunal in the light of one who has reck-
lessly violated his country's law, or as having
wantonly dsregarded the rights, the feelings and
the sanctity of person Of another, he beRe leave
to file and place upon record this exculpatory AZ
fdavit.
And now defendant swears that in the year
1873 petitioner had embarked his entire means
in an enterprise, in the success OF which he
hoped to achieve fortune and ease for himself
and those dependent upon him.
While prosecuting said enterprise with all Of
his means and energy, James Wood, the prose-
cutor, approached him and under the garb and
guise Of friendly interest and with proffers Of
aid, 80 far insinuated himself into the confidence
and esteem of defendant-whO WAS then blinded
as to his real character-as to induce defendant
to accept him as partner in his business.
But while defendants whole fortune was en-
barked in said business, James Wood had but
small pecuniary interest At stake upon its success
or failure.
During the panic Of 1873, the business affairs
Of the defendant were in Q most precariOus con-
dition. Creditors with heavy claims themselves
driven to the verge OF bankruptcy, were pressing
upon him for payment.
To meet these demands and to save himself
from ruin, affiant borrowed large sum Of money
upon his personal credit, and entrusted it TO
Wood appropriated the money to his own use,
leaving atlantis creditors unpaid and fixing upon
him still heavier debt, and this, as afiant
solemnly believes, with the deliberate design Of
running affiant destroying his business, forcing
him into bankruptcy, and then Of succeeding to
the business in his own separate right and in
tere.t.
From this deliberate attempt to effect afiant's
financial ruin, and from other causes. arose .
civil suit instituted by afiant in the Fifth Dit
trict Court Of Orleans, whereby he sought to rid
himself of James Wood, and to finally settle al
matters between them.
In the course OF that euit, afiant WAS called TO
the witness stand to testify.
With full sense of his responsibility under the
sanction Of his Osth, he testified truthfuly and
candidly in regard to all matters whereof he Was
questioned. =
Nearly one year after said testimony was re-
corded, the said James Wood, by false swearing,
misrepresentation, aud the use of CARRIED ex-
tracts from atlantis testimony, and with the ms
ici0us and devilish design Of blasting his good
name, and of composing his social and moral
crime of wilful and corrupt perjury, which in
dictment is now pending in the Superior Criminal
Court, and under ", ich afiant will be placed on
trial before one week from this day.
smaIting under this great wrong, goaded al
most to madness by this wicked and dastardly
onslaught upon his honor, and honor OF all he
no ds dear, by this man James Wood, whose sole
motive was the smart and citing of b,ffied and
disappointed avarice, afiant resolved to punish
him, and to brand upon him all the eiserace and
dishonor that might attach to unresented and
unaveDged stripes.
Procuring small and light cane, one that in 3
giants hand was incapable Of causing great or
permanent physical Injury, afiiant sought James
face to face with him, he did lniict upon his per-
son person ses era blows, with the intention rather
OF leaving their stripes upon what might remain
OF his honor and manhood, than of seriously in
juring his cowardly person.
Hence afhant pleads that he is technically
guilty OF assault ar d battery, under the laws
strict construction.
Bnt he may be pardoned for wondering how
that law justifes battery when delivered in de-
tense OF the mere physical person, the mere AMI
terry If delivered in vndcation OF honor, OF repu.
taflon OF good name-in fine, Of those exalted ~
tributes which alone raise man shove the brute
and entitle him to walk forth erect, and to boost
that he walks in the Creators image.
Afiant, after mature reflection, does not repent
his &C ion, but regrets the dire necessity which
provoked it, and now stands ready to receive MP
sentence, and to cheerfully abide whatever that
sentence may be. COLUMBU Il. ALLEN,
Sworn to and subscribed before me this 12tn
GEO. HERBERT, Deputy Clerk.
Judge Abel deferred sentence until circum--
stances attendant ON the case, and other Legal
proceedings bearing on it, had been passed upon.
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