New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-10-26
GOING TO LAW.
Assault End Batteru-JeEson vs.. Hicks.

dSsauH and BGtGy-JeFS0n vs.. H"hS'
To n, Editor Of The TRIBUNE:
Sometinesa cause works It's way into our Law
Courts rather whimsical in character, and had
better. as | believe, be kept out of the sacred
Temnle of Justice On the 7,h of this present
month. case of this kind appeared in the Court
ofComnon Pleas of this County, entitled bar
ser,t p Jepson VS.. John j Hicks. The charge
was assault aud battery, committed by Defendant
On the person of the Plain,li-damages $1,000.
The defence was, first, Not guilty of the charge,
and second That whatever trespass commit
ted was done in defence OF grapevine, and the
close in which ii grew, upon which the Plaintiff
was Trespasser, &c. The cause had been tried
once before, when the Jury disagreed, as they did
mon this occasion. From the array of female
Witnesses something important was expected,
and I. as an occasional scrlbbler for the papers,
"a, licking my lips among the rest OF the auditors,
expecting material for a good newspaper anti
ee not desiring, by any means, that the fair
plaintiff. when one of the witnesses stated as be
pp for age past 80 and all of that, had received
case should assume importance enough 10 war
rant the outlay OF my precious time.
The Jury were empaneled, and looked as Sc
rous and dignifed as if young Mcleod case
was on the topis The Judge looked the very
picture OF maglst-rial serenity. The Court at
-nl4nls from the fine, gray-hared gentleman,
that ss like guardian angel over the Juror 5
names and sees that the wheel turns fairly ana
honestly as to which of them shall perform duly,
down to the door keeper, who keeps the Court
mo;dcr looked wonderfully important, expecting
the unoldlngs OF the great case.
The Plaintiffs lawyer, J. ". Van Colt, Esq,
at last arose and in very neal, short speech,
stated the case TO the Jury. The first witness,
Elizabeth Nlchol, young lady about the age OF
the Plaintiff, go and all OF that,) had been looking
ffoma back window OF her house which happened
10 be nigh the scene OF action, and saw thu aiiray
She said she was there airing herSeJ-not to spy
or to ply into her neghhor's affairs no, she sta
ted that 10 be thing unknown among The ladies
Of this age Well, what did you see = SAID the
LAWYER See, sir Z! Yes, see Why | saw
ANYTHING that was to be seen Well, but mean,
madam' says the Lawyer, when you looked
from the window lnte the Defendants garden
What did YOU see then I Just state, in your own
way. all YOU saw We'll, SIR SAID the witness,
q saw the Plaintiff taking up flowers. Well
what then : Then | saw the Defendant take
her by the arm and push her forward Well
what nextr That S all know, sir The
LAWYER seemed smlten; the witness did not GO
far enough The Defendants counsel, James u
McAdam, Esq seemed 10 brighten up as II tor
tune had already perchrd upon his banner ne
DEFENDANTS Lawyer asked the witness, "hlch
window in her house she looked from She SAID
the east window, or the attic. thought wi'hin
myself that that witness possessed highly inter
ectual nature +: not merely watching her neigh
bors in their garden and florist speculations, bu
also rising up, like all the children OF literature
in the attic rooms, for the purpose OF high anc
sublime study Call your next witness, say:
the Judge Joe Grimalklns lhunders through
the Court-room Joe Grlmdlkins, Is again re-
peated. Al last man of color makes his appear
ance The fair Plaintiff sat behind, and she
seemed to weep. Whether ii was tina, the Wit
ness did not swear 10 enough TO please her, OF
whether il was the remembrance ct The wrongs
she had suffered could not tell, but felt slml
larv disposed. for the chances OF good arlcIs
were fast fleeing away. The Defendant, mean
while, looked on as II the .csut was wearing II
his favor
The witness being sworn, raised his sable brow
10 the task OF an examination. We'll, Joe, &c
Won know the parties y Know de parties VIVA
you mean by DAT 10 YOU NHV" -4"' = 80
'Op ssr,in-know her ?-Tes' CThs was saiC
IN a style SO peculiarly negrofed that The whole
Court wore a SMILEY How long have yot
known her = known her, sare? Yes Gu
long lime. work dare long tlme-saw wood
sars, YOU know How should know ! saiC
the Lawyer; and continued, Well, what dc
YOU see there : Where, sare At52 Ham
il,on street when, sare , why on the ON
Of August, year ago 'Ou, | know-5'h OF
August was dare, wild basket help take W
plants. We'll. what did you see there MY
Hicks said Margrate should not take up plants
and Margrate SAID she would he said she would
not. and she said she would then took hold OF
her by de waist and pinch her (Here the negro
applied his hand ,s his feminine waist TO show
the mod,s operand,, and pinching himself ludl.
crouslv, made the Court laugh Should YOU
think 1t hurt SarIain, hurt, sare; if you
would cotch lady by de waist so, and pinch
'em, guess II would hurt Well, what more
did you see , Gu, see noting dare 10 help
DAT 5 all, you see-me no see noting The wit
ness was then cross-eXamlned, but seemsd so ole
and stupid that neither one side nor the Other
could make anything out OF HIM
Call your next witness. SAID the Judge Iher
d long written deposition was read out II served
10 throw no light upon the matter, and the PLAIN
M rested his case | heard one OF the Court al
'eudauts say That Is Lcetie matter among
great folks The Judge seemed to frown upoI
the Case, as too trifing for Court and Jury Il
ST upon; and really felt ready 10 go on IN
tangent to think that | had waltes the ee"o"eHen
Of his great affair
The Defendants Counsel then opened the case
ss'iElsed the whole affair, as being small do
nestle eud, happening every day, and every da!