The herald. [volume] (New York [N.Y.]) 1835-1837, 1836-02-12
NUMBER 143.

prosecution in address TO the the Jury thar sc ho
esai ana eoqeen He stated the case as il had oc-
Sutieu as lar as his information would hermit and
ne Then called Alderman James Punly u no be;no s,yon
tesuhed that on New Years Eve between 10 and II
ere oelng an alarm of fire. he went 10 his bousr for his
h, dnu proceeded as far the corner of Pearl and
Shatuauh streets when he heard the fire was ont He
tnen returned home and on his road he me, the
NO. oconnng down. He told them TO stop as the fire
was out and one in his shirt sleeves with remans can
on, toid MN TO get out of his way with his id staff
ana ,he engine proceeded. Ii soon however sopped
and he went 10 the person on the lead and des;red m
know ms name. He refused and said van have in
suited the FIremen and treated them like dd rascaIs
ac,o"d !hen collected aud the young man in question
pushed him and as he pushed him he struck him with
MS hst This was Luke Usher Jr after being struck
Tunes he turned go away and as he GOT out of
u'e crowd he was struck by Mr.. Lightbody He re-
IeN s when near the walk, several blows abont the
hsao one Oh winch knocked him down. As he was
retreating he exclaimed in loud voice al am an AL
herman and demand your protection" To this IL was
s said The Common Council have treated the Firenen
ne "a rascais, and that sha'nt protect you" He
en remarked, are you not pretty sci of fellows 10
auack an Alderman. He was very much injured abou,
ns lace Is positive TO the indemnity of Usher and
LiShbody, because the moment he laid his ewes upon
.ne,h IN lhe watch house. he recognized those two.
Dis not attempt TO stop the Engine except by excaim
ing 10 them.
Cross examined.-Does not recoet the number of the
fist engine that he haied.-There was number Of
persons passing up the the Bowerv-Tbe engine No
ar lO rods after ne hailed them before they stopped
He 10 the middle of the street when bebailed them
Thinks they must have known he was aa Alderman.
becuse he thinks one said GET ont of the yav lw;,h
your staff Did not feel incensed that thew had d;sre
garedIhim.-Went back because he supposed the per.
son who installed him was a Young man who worked
for him, and he was very much astonshed.-Did not
seize the youHg man by the coar.-s positive he did
not-Coud not have done such thine-IJsber wss on
the lead. Is positive that Usher pushed and struck him
He saw him strike the blows-Usher admitted in the
Watch House, that he had pushed him, but he said it
was because he had no right stop him. In the Watch
House Usher said he had showed him because he
tAld ~ had laid hold of him, and he would suffer no
man to touch him. or lay hands upon hm.-In his ex-
animation before the Board of Alderman, he said he
did not recognise any person who had struck him.
Mr. Cromwell then called, who being affirmed
states that he the affray. Was stranger TO Aid
Pardy. Met Aid. p. and asked where the fire was and
Aid. r. SAID 1t was a false ALARM HIS soon saw an
engine coming which he hailed but which did not stop
Another along and Aid r. ran into the street
and told them to stop as there was no fire. He was
toldo get out of the way accompanied with other in
engine proceeded. Aid. p. followed il. People
being between him and the Aid he could not see
whether he was struck not. He fell and when he
got up he said he was Alderman and demanded assis
rance. Did not any body strike Aid. p Saw
some person striking him but could not say whether
he struck not after demanding assistance as an
Alderman he said he would get the watch and witness
went to search for a watchman. Told Watchman
near Do"ciy tlcdtfc circumstances and he
did not appear TO wish to go the near affray. The
persons who struck the Alderman principally had on
Firemen's Caps Cannot indemnity any person.
Cross examined.-No. 10 was going very fast when
hailed-Ad. Purdy was in the street running when he
hailed them-cannot say whether he walked or ran
Aid. p. going towards the walk pursued BY num-
Der Of men-did not any person strike him-the
engine previously hailed ahead 10 Is rods-there
might have been other frenen Than those of No 10
present-dd'not recognise any person ALL and cannot
/ how-would not know any if he were TO see them
about Aid. Pardy. AT half past the court took
recess of one hour.
! The Court having Ee-opened-
Aaron Palmer called, whose general testimony
tended TO throw much blame upon the defendant Usher
He stated that he saw Usher strike Aid. Purdy when
he was down, and as very Examination
did not alter his testimony ii much against the
defendants cause.
/ Ira Munson, Captain Of the Watch for the Second
District also testified that he heard Usher admit having
] pushed the Alderman.
Schlin, who accused also OF striking Aid. Purdy
had just been arrested and was brought nto court and
recognized by AID Purdy. Ha renanded until he
! could find bail.
AT this stage of the proceedings the counsel for the
Defence after long consultation with his clients con-
scented that verdict of Guilty be taken against them
subject however TO ihcopinon of the on the a-
davits-o be produced on their part in their defence
The jury, directed, returned verdict of GUILTY
against both. The court Also allowed Schm TO plead
Chilly, and be subject likewise the opinion Of the
court upon his affidavit and he was discharged.
! u The Harpers have published small book
written by Theodore Sedgwck entitled Public and
Private eccnony" Mr.. Sedgwick is the acting editor