The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1881-04-28
A COLD DAY FOR ABBATUCCI.

A COLD DAY FOR ABBATUCCI.
Dolly" said Mr.. Dalrymple to her
husband as he was perusing the columns
of an esteemed contemporary, "What
is the news this morninge Who is mar
ried? Who is dead? Has Fertsel got his
divorce?"
"Hush, Tillie," said Dahlgreen, and
he read a second time this local brevity
= ''Abbatucci Tambourini, an Italian peanut
vender in Mulberry Street, was yesterday as
saulted by Poindexter Ryan, who upset his
stand and robbed him of So. -. Ryan was ar
rested and will be tried this morning for the
larceny and assault"
1t so happened that Mr.. Dalrymple
sat among the spectators in Court that
day when the case was called. He had
sublime respect-not uncommon
among those unfamiliar with its work
ings-for the administration of Justice.
and he expected confidently to see
Tambourinl's goods restored to him
and Ryan sent to deep dungeon CELL
He listened, and this is what he heard
Counsel for Tambourini, rising, said:
g 1t it may please the Court, the pris-
oner at the bar is charged with aggra-
waited and unprovoked assault upon nv
client; but, in consequence of the re-
peal OF the statute of 1871 by the new
general law of 1S73-an error, as YOUR
Honor will remember, not noticed un-
TIL after the negatory act had passed
both houses OF the Legislature and OBJ
tanned the Governors signature-there
is no law covering this case You will
hnd however, in an act passed in 1913,
and entitled, An Act to prevent mock
auctions and to secure efficiency in the
National Guard, a clause in the second
section of the third amendment which
bears directly upon this matter. 1t has
been held (Bown as. Bown, %, IS, Ma
gulnessJ. that an assault upon the per-
son ofan alienis misdemeanor. Though
Abbott lin Blake Us. Snoogles, 40, IL,
44.) held otherwise. In an act passed
in 1885, entitled An Act to withhold
water franchises from the Union Ferry
Company for ninetv-nine years, it was
provided that where robbery follows as
sault, the power of the Judge shall be
discretionary. But where they are CO.
incident, his power is restricted to: A
months imprisonment, Or more, or less,
or both, or neither. And we find that
at common law the same rule holds:
q Esto q'eod esse Uideris. | admit that in
the present condition of the statute it is
impossible to say whether an offense of
TINS nature is, technically, misde-
meanor However, it must be clear that
my client has lost his peanuts and is en-
Titled to some redress
Ryan's counsel here arose:
. II it may please the Court, this case
turns on the old law of 1921, entitled,
An Act to empower the State Surveyor
10 sue for damages sustained by reason
OF county ordinances The first case
is reviewed by Mills, C. j., who, in the
matter Of Shillito Us. Guiteras, held that
man may suffer the same injuries if
assaulted in the street as if assaulted in
house. Two Judges concurred and
three dissented. BY one of those laches
winch seem almost inevitable the clerk
mlslald the opinion of the dissenting
Judges,a and the assaulted man was sent
10 jail, where he died some time after
ward. That, however, is not material
PARSONS on Contracts states clearly that
"nere man enters into an arrangement
whereby there is reasonable likelihood
mat he will be knocked down, he can
only recover damages in the event of
his being killed. Your Honor will re-
member that Parsons lays down this
rule as peremptory; but, as Chalmers
truly observes: How can the dead man
sue? Bis peccare IN 6etto non icet. [
VIII not waste the time Of the Court to
inquire whether my client did really
TOD and maltreat this Italian. / admit
taat he did. We concede generalization,
.he assault and the larceny. But what
mas that to do with it? Has not Hope,
In Downing as. Durande, 1916. decided
.hat where warranty is not specified it
Is not to be presumedP Does anybody
come INTO this Court to guarantee these
peanuts? No. Mr. Tambourini swears
.he peanuts were his. Let us concede
1t. What did he have them for? Pre-
supposing no illicit intentions on his
part and waving how he got them, l
VIII say simply: He had them to dispose
OF. 10 whom? That is no business of
the Court. Ryan comes along. He takes
.hem. They are disposed of. And
then this saIlow-faced, coal-eved, Ian
.efn-lawed, hungry-mouthed Peninsulan
comes here and asks this august Court
10 resolve itself into an investigating
committeeto ascertain whether the con-
sideratlon was adequate? And in the
same breath that he says he received
hothlng for the peanuts he swears that
pc got two black eyesr
Ii VOUr Honor pIooso !, cold tho