Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-10-12

l NAN. luHTOu - 6URBDeEDED. -ASI MS ndiVlOudl MAJ
acquired considerable notoriesv for some time past
! We have, says Glasgow paper, Just received the fol
lowing communication from gentleman Of this city
FITS an extract from private letter. The Mr. Thom
here spoken of was editor of the Montreal Herald
conservative paper, and the ancompromising oppo-
merit OF the late administration of Lord Gosford:-
feu will be surprised TO learn that Mr. Thorn has
been appointed in the Of Mr.. T1ron, who it is
said proceeds Immediately TO England with des-
patches of an important nature from Lord Durham.
1t is confidently affirmed here that very serious
misunderstanding has arisen between his lordshp and
the home government. Indeed it is said that the
governor general insists upon Lord Melbeurne's I'M
qualified appreciation Of all his measures, asine qua
non of his continuing the government Of Canada"
Court or GENERAL SEssIoNs.-Before the Record
er and Aldermen Benson and Taylor
A Professional Coghiding. The People rersss
Henry Wilkes, implicated with Edmund Wilkes,
charged with cowhding George Wilkes.
The complainant In this case is member of the
medical faculty, gentleman who, although OF much
experience in his profession has never before this in
stance had occasion to complain ofpsactelns, or be-
ing p acused upon, in the science of cowhding. The
two defendants are brothers, and first cousins to he
prosecutor of this suit Their occupation is that of
attornes and copnsellors law. The parties all
far out of their teens-the doctor being of some
tion-and the two limbs of the law, although neither
of them chckene might pass for hale healthy robust,
two listed able bodied men; all OF them, II SHOULD
not be forgotten, being gentlemen OF high and honor
able standing, who have "pracusedio some extent
IN this community"
We will forego the eloquent opening of this inter-
estng by Inc learned counsel for the prosecution
Prescott Hail. Esq, and come directly 10 the facts of
the case, as sworn TO by the witnesses upon the
stand.
DR.. George Wilkes the complainant testified that
on Monday morning, the 18th of May last in pursn-
ance of request left upon his slate at his office ne
called at the paint and patty store OF mr. Allen ad-
die No 3l7 Bowery, nearly opposite Blocker street;
that finding MIR. Waddle engaged n conversation
with another gentleman in his counting rsoHl, he
NAMED at the door of the store few taomens, and
observed Edward Wilkes of the defendants, pass
behind him the store; that shortly after the last
named person had entered the store, while he 1.-THE
compalnan) was looking down ne Bowery Id
ward Wilkes attacked him from behind with an enor-
NOUS cowhde giving HIM several severe blows over
the face and eyes, and lntilcung wonnd OF very
dangerous nature Iransyersey across his right en..
pie. Witness turned around Immediately upon his
sa,ant. who in his retreat was Frustrated upon his
back over number of paint kegs, ct which critical
point Of the conflict, his arms were held by one oil the
persons in the store, and the hide wrested from
the hands of his antagonist who no sooner regained
his legs than he ran Off Furthermore that in conse-
quence OF these injuries, witness was compelled 10
call in a surgeon, and remain at home three or four
days; his eyebal.s were naamed for several weeks,
and his face and eyeds severely cerated besides
great wound inflicted on the temple, by which he
considered his life endangered.
VIM. NJ. Price, ESQ.,, VINO appeared for the defend
ants, propoundcd question TO the witness fos the
purpose of ascertaning the provocsion that led 10
the assault whlca we understand, was exceedingly
rich in tae detail but the question beng objected TO
by the prosecution, II was ruled out by the court,
thereby deprvlng the defendants CT capital excuse
for the excuses complained Of and the press OF a
Hest delicious .morccau Of scandal.
Mr. J. A. Cure, IN the employ Of Mr.. Waodla, test-
fled 10 the assault in the manner spoken of by the
adding that Edward upon getting. OF
the kegs where he had fallen took 10 his he>is and
ran off upon a dog trot" That Henry Wilkes, the
other defendant came into the store The day.
after the occurrence, and inquired what damageshad
been DONE IN order that he mlea set,lei,.
Dr. w Francis deposed that he has pracsed
surgeon and physicaa for he last 20 ysars, with
experience in his profession tina, falls 10 the loo OF
but few Of his contemporaries. He had the
compa nunt just after the aay, and ne never in all
his professional career, saw formidable wound
inflicted n the face of any ore with such an instru-
ment as this said TO have been done with. The
injuries cbeut the temple very serious, and Aight
nave produced death.
DR.. Cornell heng sworn, ieposed tina. he sew the
wounds of the complainant and he was OF opinion
that they were both dangerous to sight ana life.
Abns. b. EaIlland, clerk 10 Aid. Taylor, corner OF
Houston straet and Bowsry, swore that the two de-
PENDANTS 10 his store in the latter part of May
last, and made enquiries FOR q raw co~hoc bpt find
ing none large enough 10 suit them, they went of
without purchasing
Allen Waddle testified, that Edward Wilkes reques.
ted him 10 write note Dr. Wilkes slate 10 call
upon witness al his store, and he did So knowing
ths object That while witness wasn AID. TayloI's
stare, he ,aw both tho defendants examining bun.
dip OF raw cowhides. Witness enonired, gentlemen,
what ~ gong on-,hs doctor is tn meet me nj III by
your order" Henry replied, IL don't know VIVA, no
wants there, unlessi is 10 abuse my brother YOU"
Witness remarked, "if the doctor comes in my store
10 PRIV into any OF m, affairs imperilnently, [ shall
kick him out" Edward said, "do So, and lee will
project you IN IL" Witness corroboraied the ,esu-
mony OF the ether witnesses respecting the attack
Fpr the defence II admitted that Edward
Wilkes had committed the assault and battery com.
planned Of bur denied all knowledge or participation
OF Henry Wilkes IN the affair, aud called the stand
J. Francis, oil 80 Bowery who testified that he sold
large sized cowhide, in May last, to Edw. Wilkes
who alyne nj the time of the purchase. AT the
request Of The purchaser witness caused part Of the
cowhide 10 b. cut off, IN order TO make II proper
length TO h up the gentlemsn's back, where h wish
cd TO conceal IT. Witness does not think the hide he
ssld was unusually large. He cells the same kind
frequently TO the proprie,ers Of the mansgere, for
k, own them 10 have similar effect upon the two
legged species IN many instances.
The Recorder charged that il the jury were salts.
fed that the defendant Henry Wilkes, had assisted
taken any part IN the purchase of the cowhde for
the purpose Of aiding IN the unlawful act he was
equally guilty Of the assault and battery as though
he had stood present al the time and aided and abet-
ted the rage.