The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1881-07-13
my client has lost his peanuts and
is entitled TO some redress

|
Ryan's counsel here arose:
IF it may please the Court, this
case turns on the old law Of 1921,
entitled AN Act to empower the
State Surveyor to sue for damages
sustained by reason of county or
dirances.' The first case is re.
viewed by Mills, G. j.: who in the
matter Of Shillito rs. Guiteras,
held that u man may suffer the
samo injuries if assaulted in the
street as if assaulted iu house.
Two Judges concurred and three
dissented. By one of those laches
which seem almost inevitable the
clork mislaid the opinion of the
dissenting Judges, aud the assault
cd man was sent to Jail, where be
! died some time afterward. That,
however, is not material. Parsons
on Contracts states clearly that
where mau enters into an ar
! rangement whereby there is u
/ reasonable likelihood that he will
be knocked down, he can only re.
cover damages in the event Of his
being killed. Your Honor will re.
| member that Parsons lays down
this rule as reremptory ; but, as
Chalmcr truly observes, How can
the dead man sue p Bis peccdre
IN bello non Hcet. | will not waste
the time of the Court to inquire
whether my client did really rob
and maItreat this Italian. l admit
that be did. We concede premed-
itation, the assault and the lar
ceny. But what has that to do
with it ? Has not Hope, in Down
ing Us. Durande, 1915, decided
that where warranty is not speci-
fed it is not to be presu med?
Does anybody come into this court
to guarantee these peanuts? No,
Mr.. rambourini swears the pea
nuts were bis. Let US concede it.
What did be nave them for? Pre-
supposing no illicit intentions on
his part, and wav ng how be got
them, l will say simply: He had
them, to dispose of. To whom ?
That is no business Of the Court.
Ryan comes along. He takes
them. They are disposed Of. And
then, this sallow-faced, coal eyed,
lauterujawed hungry mouthed
Peninsulan comes here and asks
this august Court to resolve itself
into an investigating committee
TO- ascertain whether the consid-
GRAFTON wes adequate? And in
the same breath that be says he
received nothing for the peanuts
be swearS that be got two black
eyesr
IF your Honor; please said the
Italians counsel, the black eyes
referred to we're given to Tam
bourini by the gentleman's client
[Unsuppressed merriment of the
Court officers
The Judge raped heavily for
order, and when silence was re-
stored, thus spoke:
This case is peculiar one.
About once a month l hear it.
Sometimes 1 decide it one way,
sometimes another. 1t is gen.
orally appealed and always over
ruled. Authorities conflict. Judge
Timothy Campbell has beld that
an assault is not an assault when
premeditation is ssbown; but Judge
Patrick G.. Duffy has decided
otherwise; basing his decision on
the old common law of torts which
presumes violence as the occasion
of blood flowing and contusioDs. 1t
was so held by Talley, in Morey
Us. Tom Collins, 4, II, 329.'
If your honor please said
Ryan's counsel, i move the dis
charge Of the prisoner.
On what ground?
On the ground that the COM
plant is defective. 1t states that
TambourlDi is an Italian, and re-
sides at 365 Mulberry street. Now
offer to show by parole eVi.
dence that he is native Of the re-
public of San Marino, and does
not reside at but sin 365 Null
berry street. His Honor Judge
Bowling, in Weston Us. O'Leary,
! cEO o L,. b,l5 b.+ tho rnbSti