The herald. [volume] (New York [N.Y.]) 1835-1837, 1837-01-21

stovepipe, and was extinguished without much da-
mage being done.
II The body of well-dressed man was Disco
covered in the North river yesterday morning. 1t
lies at the White Fort, in order that an inquest may
be held upon it.
CoRoNER's INQuEsr.--An inquest was held yester-
day by Mr. Justice Lowndes at the city Hospital on
the body of George James Robinson, who died there
in consequence of the injuries he received from fall
ing from the 4th to the LIST floor of the store of Sa-
muel H. Plat and Co., No. 270 Pearl street, on Mon
day last The jury returned verdict of accidental
death.
The deceased was native of England and aged
Is years.
COMMON PLEAs.-Jacob Howard 1ersus Alexander
NJ G. Smith.-This was an action for an assault,
arising OF some circumstances during the trial Of
Richard p. Robinson for the murder of Ellen Jewett.
Mr. Cowles opened the proceedings. His argu-
ment was-Frs, that his client had just right to be
present al the time of the administration OF justice;
and-Secendly, that if Mr.. Howard had been guilty
of contempt of court apOce officer was not the per-
son to whom he was amenable. He then proceeded
to call his witnesses.
James d. Hall, En- smined.-I was present at Ro-
bnsons trial. witnessed the expulsion of Mr.
Howard, by police officer A. M. c. Smth-Smth
tod Mr.. Howard he must go out-Mr. Howard re-
piled 81 havo right to be here'-Smith then said
aPll be id if you shant 60 out" and he then
thrust him violently from the court room
Ferdinand VassauH. Eramined.-I was in Court
at the time of the trial of Richard p. Robinson saw
Mr. Howard thrust out of court by police officer A.
M. c. Smilh-He threw him across the hall-He
dropt his staff, and then caught hold of Mr. Howard
second time, and struck his head against the wall
two three tmes-twice lam certaln-Mr. Howard
did not appear TO be vioent-He appeared to to be
very mild indeed.
James Stroud, Eramined.-tThe testimony given
by this witness was merely corroboraten OF the
evidence already given.
FOR THE DEFENCE.
j. H. Robins Eramincd.-l was sitting on the
front seat of the during the trial of Robin
son-Mr. Howard stood upon the platform-The Off
Ger requested him to get down and he replied :" will
not'-I think the words Smith used were, Sit down
or get DOWN. then saw Howard and Smith clinch-
ed together-It was all over in instant.
Alderxan ID. u. Ingraham, Eranncd.IWit-
ness testified merely the special directions given
by the Court for the maintenance of order.l
Police Officer Iompkins, Eramined-I saw Mr..
Howard standing on the platform OF the Court-He
was asked to sit DOWN. did not hear Mr. Smith use
any harsh langsage-I did not see Mr.. Howard strike
Mr. Smith with his umbrella did not hear Mr..
Smith say he had been struck.
Police Officer Gilbert Hays, Eramined.-Mr.
Howard, when requested to 60 cut, said, 81 will not
20 any further" Il what followed did not see
Mr.. Smith struck-He said he had been struck in the
face-Hls face looked red, as if he had received blow
Smith only put him down slalrs-l could have seen
any thing else that had occurred
Z. H. Taylor examined saw Smith shove man
across the entry. He struck against the wall. The
man said he would prosecute Smith. He called Smith
a rascal and a BLACKBOARD. Smith said to the man,
you struck mer The man said nothing.
lAIderHiaa Benson and two or three other witness
es were now examined, the orders issued by the
Court and TO the fact whether these orders gl-
ven on the first second day of the trial o. Robinson
the difficulty with Smith having occurred on the
first dsy By their evidence il appeared that these or
daro scied uufi he ~
ings. This matter was deemed important as show
ing by what authority Smith acted as he had done.
High Constable Jacob Hays examined-The orders
for clearing the Court not guen until the second
day Of Robnsen's trial. large table was then used
as a barrier.
(Nr. Ebbets and Mr. DaniA Lyons corroborated
the testimony given by Mr.. Jacob Hays
Justices Lownds and Boodgoed were also exa-
mlned-their testimony did not appear TO have any
great reveancy to the event at issue.
The case here rested.
Mr.. Morrell eequenty appealed TO the jury in be-
half OF Mr.. Smith. His address seemed TO make n
powerful impression on the jury and the assembled
| audience.
He was followed by Mr. Phenx, who dwelt strong
y on the unpleasant duty police officers had TO per-
FORM and on the protection they ought to receive in
the exercise Of these duties. He commented forcbly
on Mr. Howard bringing his suit in the Civil Courts,
instead of the Court Of Sessions which he commended
was the proper tribunal to adudcate in this matter
| Mr. OConner, in reply to Mr.. Phsnx, in behalf OF
his client MT Howard, delivered speech replete win
talent and playful sarcasm. what said the learned
| Counsellor" would have been tho condition Of my
client il he had brought his action in the reputable
Court OF Sessions where ali rioters receive such stern
unreienfng justice at the hands OF has honor the Re
corder7 Ny learned friend the District Attorney
would have had the management my clients case,
as public prosecutor. He would have got up and in
his mildest of mild manner would have informed the
jury that an assault and battery had been committed
| Unsuitable or non-justlhable woud be for them TO
| determine. The defendants witnesses would have
stood upon their own ground, and conld have crowed
as loudly as possible. In conclusion, the Recorder
/ would have summed up the case something 'heswise
| Gentlemen of the jmy-the power ana majesty OF
/ the laws must be maintained, II we wouio WISH 70
i see our gorieus constitution perpetuated.
This rio ing and disturbing courts ofJusuce 10 very
i heinous offence and calls for summary and condign
punishment Mr.. Howard you did rery Urong in
/ not going out when told TO do so by our respectable
office. A. M. C. Smith-and ysu, Mr.. A. M. G.
Smith, did rery right in not permitting the majesty Of
the laws 10 be violated in your person, by suffering any
opposition 10 your authority TO take place by the OBJ
,finacv of Howard Gentlemen ofthejury, it's clear
| case-you can retire, If you think il necessary"
| Such would have been the farce my client would
have been performer in, had he venured into the
precncts of the Court of Session.
| Gentlemen, we seek not meney-we have brought
this action to show that an American citizen cannot
be nsuted by the highest officers of justice much less
| by its mcnlals, with mpunity
Judge UshoefTer briefly summed up the case 10 the