The herald. [volume] (New York [N.Y.]) 1835-1837, 1837-02-18

bin over him. He said ifBennest did not apollo.
gize ne would kill him. Iconsiderea such power
fdl man a. Hambln, contendiRg with such man as
Bennett sufficient to endanger his life.
), ny me Court-We understood the witness to say
that owing TO the forceness of the scu he considered
Mr. Benefits lifei in danger.
witness-What 10 my meaning!
Cross examination resumed-Whsn | heard the
cries OF Kill him-kill him. considered his life in dan
ger The mere pushing in 50 violent manner of
fragile a man as Bennett was sufficient 10 kill him.
Inc pack door leads into Clinton Hall. The door Is
usually locked. do not think Mr. Bennett published
untrdths 4 presumed Hsmbln came 10 ask for an
apology. do not know it for fact did not hear
Hamblin ask for an apology. The first thing heard
was scuiie II any thing did take place. it must
have beensin very low whisper When first saw
them, they We're IN the act Of falling, Hamblin had
hold of Mr. Bennett. think can positively say that
Mr.. Bennett had not hold of Hr. Harablin.
MI Western opened the defence; he said shall be
very concise in my observations. First to Mr.
Bell It's evident he went there apeace maker, andI
consdern piece Ofgreat ingattude on the part of
Bennett his placing him in the position he occupies in
this case. On the day Of this pretended riot and rob
berry Hanlbln dned at Bell $ and knowing the sore-
ness of Hambln on account Of Bennett observations
when Hamblin left Bell followed him with the sole
and pure motive of preventing mischief His kind
ness ard good feeling towards Bennett is manifest;
for when he exhausted and asked for chair
Bell was the man who Immediately handed it to him.
Blythe was also there and from precisely similar mo-
tives. No one who knows George Blythe could be- !.
lieve for moment that hs would have stood by and
seen any unfair play. He was there, no doubt, when,
Hambln came in and, being sportsman, by
10 see lac Inn. Poor John Boerck also unfortunate
ly for himself tumbled in somehow another during
ihls-iracas. How ne came there do not know, andI
believe he scarcely knows himself As TO this dirty
patched up humbug of the stolen money, am sorry
we have no means OF proving that such loss never
took place The witnesses for the prosecutions here
have II all their own way. In fact there is but one
who knows anything about IT, Mr.. Bennett only
knows as far he has told He shapes himself ac-.
cordng TO his information. Bennett is here on his
own dunghill and can crow as Justify as he chooses
TIE DEFENCE.
Warren Draper examined by Mr. SiranQ-Iknow
DIR. Hambn and Mr.. Bell l have seen Dir. Blythe
and Mr. Boerck. was at Mr.. Bennett on the l7th
Now last-I cannot tel the precise time. The first
person saw was Mr.. Eser-I did not see any one
else. Mr. Bennett was in his Office in conversation
with another person; do not know who il was. A
moment or two afterwards Mr.. Hambln came in.
At this time was in conversation with Mr.. Esler;
Mr.. Hamblln went round the counter, and passed
into Mr.. Benefits room--went in immediately and
put his hands upon him, and demanded an apology.
Mr.. Bennett said 1t was merely squlb he had moth
ing against Mr.. H. could not hear what further
passed. l heard scufhng-I could not see. Mr..
Hamblin asked, what harm have dcne you, that you
should harfa me. Mr.. Bennett said he did not mean
10 harm Mr.. Hamblln. There was considerable scuf-
fling. think saw Mr.. Blythe there think another
person was there-that person was Mr.. Boerck. l
think the door was closed during this scuffle Mr..
Mr.. Esler did force the door. Mr.. Bennett towards
the close was sitting on chair-this was before the
police came. Mr. Bell handed Mr.. Bennett a chair.
Bell entered before Eser. Bennett said am exhaust
ed, let me have chair-ths might have been one,
two, three minutes before the police came. In
few minutes there number of persons collect
ed; heard cries. Esler called fI assistance; he ask
ed for help, not TO see man abused heard erica of
three cheers for Tom! down with the damned rasea
kill him: kill him should think there were 100 per-
collected about the door, these were the persons
who uttered the cries of kill him.
Mr.. Western-O the popular Heraldt
Mr. Graham-I submit to the Courl If this is proper
demeanor. Such language is indecent.
Mr. Westem-When the gentleman sets up school
l will go and get educated
Mr.. Grahnm-The Court can instruct you!
Wness-The cries outside were after Mr.. Esler
has said Hamblin was killing Bennett. After the
scuffie commenced, think there were only Mr. Eser,
Mr.. Burdett, Mr.. Bell and another person present.
think the front doors were closed nearly oil the
time. think had Mr.. Bell in view during the whole
affair. Bell said, think it rather small business
you had better stop it, / think Bell said, Hamblin
only wants an Apologize won't harm him. After
this, the police officers came and Mr. Bell went away.
think Mr.. Boerck was there.
Cross examined by Mr. Monell-I think saw thar
individual Mr.. Beerck, in the back Office during the
time, but cannot surely say. did not see Mr.. Bosrck
aid or assist Hambln. / am not aware Mr. B0erck
said kill him. or words to that effect. don't know
that the person who was endeavorlng TO keep the
people out did so TO prevent their nurng Mr.. Bennett
BY Mr.. Westem-Did Mr.. Hambn say any thing
before he gave Mr.. Bennett the blow on The head
Witness-I think Mr.. Bennett was spoken 10 be-
fore he WIS touched l did not see any blow on the
back Of the head.
Cross examined by Mr.. Graham-There was no
other person in the Office but myself and Mr. Eser
had dined with Hambn that day. think il was at
Bells house, Bells house is about one hundred yards
from the Herald Office. There were other persons
dined there, Price and Locke OF the New Fra Boerck
there. cant recollect if Blythe dined there or
not. think saw him before that in Welsh's Ham
bln Blythe, and myself went afterwards TO a coffee
house in Ann street. There was SEINE conversation
at that dinner respecting grievances Hambin had
suffered from Bennett. cannot remember what was
said. We had Champagne at dinner l cannot say
how many bottles. l should say not more than half
a dozen. drank some porter. | am not sure drank
any champagne. There were other liquors besides.
left several gentlemen OF Mr.. Bells when went
away. | did not 90 direct from Bells to the Herald
Office. We were probably three quarters Of an hour
at dinner. The time we left was possibly half past
o'clock / was at that time attached to the
Bowery Theatre. ! had no particular Grand al the
Herald office. had no appointment TO see Hanlblin
there. j did not expect 10 see hun here. l have
heard many persons say Hamblin ought to chsstise
Bennn,t At the time Hambin came in he was ex-
cited cannot say If he was intoxicated or not
left Hambn nj Bells after dinner. II might have
been one hour and n half after left Bells before
saw Hamblin enter the Herald Office We dined at 2
O'Clock. II was about dusk when entered the Her
aid Office
AT the close of the Court
c. lCxxl~ ~..I. n