The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1881-04-28

Ierred to were given to Tambourini by
the gentleman's client.n
lUnsuppressed merrirhent of the
Court officers.
Inc Judge raped heavily for order.
and when silence was restored thus
spoke:
This case is a peculiar one. About
once month L hear it. Sometimes I
decide 1t one way, sometimes another.
IL is generally appealed and always
overruled. Authorities conflict. Judge
timothy Campbell has held that an as
SAINT IS not an assault when premedita.
tlon Is shown; but Judge Patrick e.
Dufy has decided otherwise, basing his
decision on the old common law of torts
which presumes violence as the occa-
SION OF blood-flowing and contusions.
1t was so held by Talley, in Morey us.
Tom Collins, 4, II, 329.''
eli your Honor please" said Rvan's
counsel, 81 move the discharge of the
prisoner"
=" On what ground?''
"On the ground that the complaint
Is detective. 1t states that Tambourini
Is an Italian and resides at 365 Mulberry
Street. Now offer to show by parole
evidence that he is a native of the re-
public of San Marino, and does not re-
side at but in 500 Mulberry Street.
His Honor Judge bowling, in Weston
Us. U Leary, sos, 2, has held that the
substitution of the word at for in is
fatal. Judge Bridges in the matter of
Hood Us. Sighs (Abbott's reports, So,
Is. margin of the index, says: Public
policy demands the suppression of lot
| terles. The same principle. governs
this case.-Haec olina n1en1inisse iuuabit.
g. Ii Your Honor please" ventured
the Italians counsel, IS Gedney has de-
cided that a 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."
Then we except and reserve right
to appeal
-" Exception noted and right to ap-
peal granted
"We," said Tambourini's counsel,
" except to the exception and reserve
right to appeal from the appeal
6 So ordered said the Judge. 81
do not believe that there is any statute
or decision governing the case Mon
tatr, 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 Esd clause, which relates to codicils,
it is said: The law does not presup-
pose violence when none exists But
evidence on this point is only admissi-
BILE in quo a0ar7'anto 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
ia co,p0re sano. / so held in Percival
Us. The Pythagoras Art Association. but
was overruled. There is another Judge
on the bench of the Appellate Court
now, so [ will risk the decision again.
s. If your Honor please" said Tam
bourini's counsel, ''Ryanis bigamist."
cops said the judge that alters the
case entirely. Justam ct teaaeena prop
ositi Uiru3n."
'.This is collateral evidence" re-
sponded Ryan's counsel. ''Tambourini
is a 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. as
Tambourini, in the matter of the Null
harry Ctroot Ernniro I o,,n1r,, -
''Can you prove it?'' asked the Judge.
Yonr Honor, it is a matter OF rec
ord.''
"Then l 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:
The case, your Honor, turns upon
whether the laundry is Incorporated. In
Magoon as. Apgar, Burke, 7 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. McGaabberty, 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.h
The Judge wrote on a 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 a 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.-Earntst HorUier, IN Puck
Beneficial Effect of Vexation.-A
French paper mentions the following as
a fact: g A shoeing smith, residing in