The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1881-04-23

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1t is generally appealed and always
overruled. Authorities conflict. Judge
Timothy Campbell has held that an as
sault is not an assault when premedita-
tion is shown; but Judge Patrick e.
Duffy has decided otherwise, basing his
decision on the old common law of torts
which presumes violence as the occa-
sion of blood-Howing and Commissions.
1t was so held by Talley. in Morey Us.
Tom Collins, 4, IL, $780,"
IF your Honor please" said Ryan's
counsel, 81 move the discharge of the
prisoner"
"On what ground?'
"On the ground that the complaint
is defective. 1t states that Tambourini
is an Italian and resides at 365 Mulberry
Street. Now offer to show by parole
evidence that he is native of the re-
public of San Marine, and does not re-
side at but i in 365 Mulberry Street.
His Honor Judge Bowling, in Weston
Us. O'Leary, 658, 2. has held that the
substitution of the word at for in is
fatal Judge Bridges in the matter Of
Hood Us. Signs (Abbott's reports, 90,
Is. margin of the indcx). says: Public
policy demands the suppression of lot
teries.' The same principle governs
this case.-Haec ohm meninisse juvabit.
If Your Honor please" ventured
the Italians counsel, !" Gedney has de-
cided that writ OF Ne Ereat covers this
case. We may be permitted to amend
the complaint by substituting in for
'at;' meanwhile it may stand pro for
ma" - e.
"Ther we except and reserve right
to appeal"
Exception noted and right to ap.
peal granted. 4
We" said Tambourini's counsel,
except to the exception and reserve
right to appeal from the appeal"
" So ordered" said the Judge. 81
do not believe that there is any statute
or decision governing the case. Mon
lur, sed cruz. Judge o. Reardon, on the
day before his impeachment, held that
redress for injuries to the person, where
accompanied by robbery of peanuts,
comes under the act of 1911. entitled
An Act to protect mariners on the
high seas, and to secure minors pend
ing the probate of contested wills, In
the 23d clause, which relates to codicils,
it is said: The law does not prcsup-
pose violence when none exists. But
evidence on this point is only admissi-
bic in quo a0drrd'st0 proceedings, and
then may be stricken from the record
on motion of opposing COUNSEL Story,
in Muldoon Us. Gilhooly, 2. 40 s. h., holds
that peanuts being contraband, trade dol
lars must be accepted in payment, though
it is true that this is not altogether anal
ogous to the present case. Mems sana
in corpore sap0. l so held in Percival
vs. The Pythagoras Art Association. but
was overruled. There is another Judge
on the bench of the Appellate Court
now, so 1 will risk the decision again. .
" If your Honor please" said Tam
bourini's counsel, .'Ryan is a bigamist.' -
sop said the judge" that alters the
case entirely. Justum ct tenacens prop
ositi uirsm."
"This is collateral evidence" re-
sponded Ryan's counsel. 'Tambourini
is judgment-debtor. What standing
can he have in court? Besides he is a
litigious person, and is defendant in the
case of Sam Yong, Wah Lee Ell al. Us.
Tambourini, in the matter of the Null
berry Street Empire Laundry"
"Can you prove it?" asked the Judge.
:" Yonr Honor, it is matter OF rec
ord
:" Then don't see that Tambourini
has any case against Ryan"
There was a brief consultation be.
tween Tambourini and his counsel. The
latter, rising. said:
81 The case, your Honor, turns upon
whether the laundry is Incorporated. In
Magoon rs. Apgar, Burke, to 8, Rad.
cliffs Reports, it was held that the arti-
cles of incorporation are necessary to
the suit.
Relying on the decision of Waller,
in Nc Glannahan Us. McGlabberty, 1881,
under the statute of frauds, according
to the act of 1869, entitled: An Act to
pre-empt homesteads and reclaim waste
lands, we rest our case" -
The Judge wrote on visiting card:
"Will be with you directly" and
handed it down from the bench. He
then rendered this decision:
Ryan is to be released pending the
framing of new complaint, the pres
ent one being defective. Tambourini
is sent to the House of Detention till
the case is called up again in the August
term. Ryan is to hold the peanuts.
The Court stands adjourned"
"a cold day for Abbatucci." MUIR
INJURED Mr.. Dalrymple, sadly, as he left
the halls of justice and got into bob
tailed car.-Earnest Harvier, in Puck.
Fragments OF n Prehistoric Monster.