Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-09-23

CURIOUS CASE OF Col. MAYSARD, A BRlrIsH
0TrIcER,-A garbed statement having appeared in
the Courier and Enquirer relation to the outrage
perpetratcd on Col. Maynard friend Of that gentle
man called on the British Consul, by whose interfe-
renee the investigation took place before the Mayor
Of Brooklyn, and who obtained from the consul a
copy Of the examination of the witnesses, which we
give this day.
Col Maynard's father was Governor of the Island
Of Nevis, and now resides Bristol, England
having acted as colonial A. ID. c., which gives the
rank of Colonel.
The transaction took place the Sd inst No no.
tice having been taken by the public authorities while
Col. Maynards life was despaired Of having re-
NAMED unconscious Of the outrage, the consul felt IL
his duty visit him, called the witnesses, took them
on the ground and called the district attorney to
have the matter investigated and, having attended
the examination, though the Colonel was unable to
give any account Of the assault, yet the outrage
clearly established: upon which the consul stated
that he had performed his duty, the affair Of
the people, he should not nterferfere further, but
leave with the magistracy Of the city to do they
pleased, he was not actuated by any other motive
than to see jastice done subject Of her majesty.
Abraham Randall being sworn, saith that on the
I'd day Of September last he was present at Bedford
when the occurrence took place, opposite MIR Jones
house,--he saw two wagons in contact. He was
about 100 $50 feet Distant and heard violent ex-
pressiens. Mr. SimOnson was in one wagon and
Mr.. MAYNARD in the other. The language uttered
by both parties was very violent, such As damned
rascal black guard and scoundrel used both when in
and out OF the wagon Col; Maynard was on loot
given by Simonso to Col. Maynard ;at the first blow
Col. Maynard staggered, the second knocked him
down Witness ran to his assistance, but when he
reached Col. Maynard he was down; these were the
only blows he struck by either. He expostulated
with Mr.. Simonson on his conduct, and suggested
the necessity Of getting medical assistance, as Col
MAYNARD appeared 10 be insensible. Mr. SImOnson
used all pos bic exerton and procured assistance i'm
mediately; expressed regret, but said he was pro-
vokei by hard names When they got out OF the
wagon Mr. Simonson advanced toward Col. May
nard. The wagons were not locked together but
believe Col Ms horse ran away. Col. M was COM
ing towards brooklyn, Simonson towards Jamaica
Col M got the right hand, next MIR. Jones'
house, and Mr. Sim0nson came round his horse to
Col. NJ whose horse ran off towards Brooklyn. Mr..
Simonson occupied the largest space OF the road;
witness did observe them prev ious To the meet
lag. Siinonson told witness he had begged Col Ms
pardon for running into him-ackowiedged nc was
in the wrong he had sent his boy another road
for stock which had strayed-assisted to carry
Dol. NJ. 10 Mr.. Jones' mouse.
Richard Jones, OF Bedford, sworn.-Winess saw
Nr. Maynard jumping out e his wagon and his
horse running away-was standing at the door ct his
own house could not tell what they said to each
sther-ran round the house to get to the road; the
6rst thing hs saw was the prisoner strike Col. nj.
A picket fence was between witness and them, and
ne could see whether Col M. got up after the
first blow. Witness saw prisoner give Col M an
other blow, when he fell, and witness got to him.
Randals boys we're there a second or two before
him at least, who expostuiated with prisoner, and
begged OF him not 10 use further violence Ran
dali came forward AT same time. Col NJ was
speeches.. itness tsld prisoner to 80 immediate
iy for doctor.
Mary Ann Jones, daughter Of former witness
Saw the two wagons come in contact and prisoner
md nj ntnno ut
bIow-saw Cni. NJ. receive his second blow, which
felled him 10 the ground The blows were with the
fst-saw no other blows given-did not see Col. M.
strike the pri,oaer-did not hear any words that
passed--Col. " was carried To her fathers house,
where he re MANS under medical treatment.
David Foley, apprentice TO MIR. Randall the pain
ter-saw twr wagons come IN contact, prisoner IN
one, aud Coz IN the other-dd not hear any words
pass between them-saw Col Maynard back his
morse and j,,np out Of his wagon-by backing his
horse to get clear Of prisoners wagon one OF the
shafts was br"ken-his horse started and ran oil
when he turned round--saw pris ,ner strike Col M
with his fist on the neck jaw, and knock him
down-witness ran towards Col. Maynard to raise
him up-tolL prisoner he should not strike any more
prisoner replied, what, are you come 10 take him
sP--l viii give you some like it-witness Carried
Col Va into sir Jones' house.
William Maiford Smith, painter, was at work, on
the Sd of September, at Bedfsrd-saw the wagons
together-Csi. NJ backed out his wagon--he heard
loud talking torether--aiter heard Col M call prs
oner damn, black guard and said that he ought to
have licking Prisoner replied that, perhaps he
would like to 10 IL. "Ycs, would. was the reply.
Col M. got out Of his wagon, his horse ran away
prisoner got cut of his wagon-w,tness was looking
after the horse, which ran away and turning round
ne saw prisoner .trike Col nj witness followed
the other hal To where he fell, and heard prisoner
say ne would give Foley much II he inter-
fered.
This gcntlemsn is now considered out Of danger,
add Is last recovering.