Page:The Green Bag (1889–1914), Volume 19.pdf/536

 THE LIGHTER SIDE

THE

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LIGHTER SIDE

From Quebec. — Dear Mister: I have the honour to tole you that the Reverend Messieurs of the Grande Seminary have ordained me with instructions to poursuivre you for the scandalous nuisance to that vicinity of the paraquet which already yet because you have on your residence which makes much by abominable fracas; The Reverend Messieurs are interfered with when they make their devotions, and when the band of the Grande Seminary of 113 pupils was begin for play, and your dam paraquet was begin for schreech it is dreadful. Also one of the neighbors on the same street with your self was very mad, he can't sleep on the after noon and when he go for play the piano your bird yell and spoil his improvision. Altogether you must put away that bird. Please give me that undertaking without delay otherwise I must institute the procedure. Receive the assurance of my consideration. Your obedient servent. Mandamus in Tennessee. — State of Ten nessee, Morgan County, Personally Came before me J. C. Jackson a J. P. for Said County. John Langley Sr who being by me Sworne sayes that he is entitled to a rit of Mandamus in order that he may gain possession of the following named property whitch was wrongfulley taken from him By J. M. Langley John D. Kries and William M. Jones and T. A. Morris and D. L. Hall and W. D. Wright their Sureties in the Supreme Court viz one Horse and Buggy Harness value Si 25 one cow and calf $40 4 hed of Hogs $2od one tract of Land worth $500 it Being my Homested I John Langley Sr the defendant in said cause to your Honor George L. Burk Judg of the Circut Court at Kingston Roan co Tenne prayes your Honer to Issue a Rit of Mandamus for the above named property that I may gain possession of the Same Signed this aug the 28th 1906 John Langley. Sworne to and Subscribed before me this aug the 28th 1906 J. C. Jackson J. P.

Justifiable Assault. —A very unusual method of cross-examination of a witness is that dis closed in Bemhard v. Kelley, 42 So. Rep. 723. A negro farmer, having some difficulty with his white neighbor relative to the ownership of a heifer, brought an action in a magistrate's court for the possession of the animal. Defendant acted as his own attorney, and on conclusion of the examination-in-chief of plaintiff, proceeded to cross-examine him. The answers of the witness proved very un satisfactory to defendant, and, as he claimed, were very insulting. He thereupon picked up a buggy spoke which was near at hand, and struck plaintiff over the head with it. There being numerous representatives of both races present, a general scuffle ensued. Plaintiff being knocked down and severely bruised, brought an action for assault and battery. The court said it was " not inclined to kindle fuel and fan this occurrence into a matter of some moment. It was a sudden break, an outburst of temper on a warm day in August;" but notwithstanding this mitigating circum stance, it held that " the rules of evidence do not sanction any such extraordinary manner of conducting an examination," and awarded judgment for plaintiff in the sum of $500. Convulsed Pleadings. — A correspondent for Stanford, Ky., sends in two specimens of pleadings prepared by a brother attorney whose style is said to have more than once disrobed judges of their dignity and convulsed juries with laughter. LINCOLN CIRCUIT COURT. Jane Herzog, Plaintiff, v. (Answer and counterclaim) J. U. Herzog, Defendant. The defendant, for answer to the petition and for counterclaim, denies that. . . (here follows denial of allegations of petition). . . He states that on the day of 1901 the plain tiff, after piling up his beds, bedding, clothing, among which was a fine overcoat belonging to defendant, and piling up other valuable com bustibles belonging to defendant, Erostratuslike set fire to them and burnt them, and taking defendant's watch, pistol, and such