The herald., 1893-07-06
"IK|LLED HIM IN SELF-DEFENSE,' y
Dramatic Episode in the Trial
Of a Damage Suit.
Vespasien lie Cr0ix Says He Has
Been Prosecuted.
why He Wants $4,000 from A. l..
Apfei-The Story of His Past
Life Drawn from Him
In Court.

n CuTious 9lU,UUU damage 6ult Wd1 VI
trial yesterday in Judge Van Dykes
court.
The plaintiff, Vespasien La Croix,
middle-aged Frenchman with gray hail
and side whiskers, accused A. L. APPEL
with having made remarks about him
which had injured him in his business
and caused him much mental agony.
The plaintiff in 1891 was running
coal, wood and hay business on Wes'
Seventh street, and the language which
he alleges in his complaint the deien-
dant used about him was as follows:
III (faisant allusion au plaignsnt,
tandis quill rasait un homme q Ia Nou
velle Orleans, coupa le cou Phomme el
le tina pour Ie voler ct fut condamne
pour le crime ct enyoye au penitentiel
pour la vie."
This pleasant reference to the plaintiff
in English, reads she (meaning the
plaintiff), while shaving man in New
Orleans. cut the mans throat and killed
him to rob him, and was convicted OF
the crime and sent to the penitentiary
for life."
When it came to the testimony the
language said to have been used by Mr..
APPEL was changed quite materially
from the words quoted in the complaint,
the witnesses for the plaintiff eliminat-
ing from>them all except that the de-
fendant said that Mr.. La Croix had
killed a man.
There was regular sensational scene
when the plaintiff himself took the
stand. Under the easy handling of his
attorney, Mr.. Valentine, he related the
circumstances which led to the suit. He
said that after it had been told about
by the defendant that he had killed q
man in Louisiana, bis business fell off,
He bad about 200 or 800 customers and
the story caused number of them tc
stop buying from him, SO that he was
obliged to give up the business. He
then went into the business OF cleaning
out cesspools, thinking that in that bus
mess there would be no damage to him
from anything that might be eaid about
him. But he claimed the report still
followed him and caused him to lose q
$4,000 contract for clearing Cesspools ol
the public schools. \
When the plaintiff was turned over
to the defense for cross-examination he
could not speak as good English as be.
fore and wanted an interpreter, and one
was used q little while, but was dis.
pensed with later on.
Under rigid fire OF questions, Mr..
La Croix could think of but one cus-
toner who had quit him because of the
report he alleged the defendant had cir.
culated. That person was q lawyer
whose name he could not remember.
Finally the plaintiff admitted that he
thought this man had been influenced
by the report, although the lawyer
had never said to him that he had been
go influenced.
The other persons Influenced were
friends OF the defendant on the school
board, and by them he lost the school
house contract.
Counsel began to ask Mr.. La Croix
about his past life, which was vigorous
ly objected to by his counsel, who said
he could easily see the drift of the
questions to be to try to prove the truth
Of the report that his client had killed
o man.
Counsel for the defense asserted that
the purpose was not to prove the truth oil
the charge, for the plaintiffs witnesses
had testified to entirely different Ian
gusge fromsth used in the complaint.
But they bad a right to show the plain
tiff's character in mitigation of dam
ages.
The court allowed the questions and
the plaintiff stated that he had lived al
various places in the south, had been a
soldier in the confederate army, and
finally was brought down to time when
he lived in Donaldaonville, Louisiana.
"Where did you live when you lived
there ?" asked Mr.. Denis OF counsel for
the defense.
In spits Of objections by Mr.. valen-
tine the witness was allowed to testify.
''In the Jail" he replied.
"Why were you there ?' 7
Il killed a man. He cut me here,
and here. and here" pointing to scars
on his face. 81 killed him self defense,
am sorry for it. but not ashamed. 1
was tried in Napoleonville, and con-
victed of granddaughter. was sent to
the penitentiary at Baton Rouge for two
years, and served nearly the full time.
received credits and was discharged be-
fore the time was out"
There were frequent passages at arms
between counsel and the witness before
his story was told, and the latter ap-
peared greatly relieved when he was
allowed to step down and take his seat
by his counsel.
Owing to the absence of two witnesses
for tine plaintiff the trial wss at this
point continued until today, when it ie
nv Atnd t.A~ L