The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-31
Unitee states Circuit Court.


J.Lr so-zriai " Samuel a. suydam for an assault
~nh deady usopvn ON Signor Emefs d.iirtdr-An un
'essrs Price. Graham aud Morrill, counsel for prisoner
70 nave the trial postponed TO the October term, wa
called up this forenoon.
The accuser and the acc used both appearcd in court
9uy oan although still smart looking fellow, bears eyi
ence from his altered appearance having sustained
months. signor Avear exhibits the air and grace of
Wereceiyed lsdy's man." his dark and weIl.rimmeo
whskes and moustachios aud easy bearing shew ing tina
ae Is al least well ~ grace with himself. There wa
nothing on the trial calculated to show evidence of real
aus ,o ne attack uon him. although important wit
mess iaoy We understand) Is away who supposed
could throw some light upon the subject signor dAivear
testified that he had seen Mrs Suydam once at the Asto
House she oeng pointed out to him but he had any
conversation with her de gazette de cour or otherwise
The sgnor was the first witness examined. He stated
that he was at Nbos one evening in September ast-anf
went to the bar with two friends TO get some refresh
men While in the act OF raising the glass he stabbed
from behind in the mouth his lips cut through of his
teeth knocked out and another fractured Feeling there
must have been mistake heurned suddenly round
and asked what is all thsl He the knife again raised
to strike him. but he Tended off and received
cut in OF his fingers. He Mr.. Suydam looking
very angry, and knife fall upon the floor The blood
had gushed from his wounds and he soon unable to
speak. friend requested him to 60 10 upper ROOM
when physician was sent for and the cuts on his upper
and lower lips sewed up wththat on his hand dressed
He continued to be invalid Tor time and took
sstenance for fortnight after he had been struck except
through a small tube.
In answer questions from counsel he stated that he
had seen Mr. Suydam August ls40 at the Aston House.
the witness being in this vicinity for the advantage OF
Toying the sea air and the cool nvgoratng breezes Of
tockaway and Of being ready for excursion TO the
Springs where he had also "trpped the light iantas
tic toe with many of "Columbias farest daughters
He had never spoken to Mr. Suydam though he recol-
ects seeing him at the Aston House His lady pointed
out to me in passing, Mrs. Suydam but il
coup Pgit never visited her in her bedroom, neither
did send any love letters TO hesnor did procure any
one to do so Tor Mr.. Suydam had of jealousy
in regard to for any words action my part saw
ed towards her but cannot say that have seen her
since or would ever know her, were to meet her again.
From the time Of seeing Mr. at the Aston House in ls4O
had not behed him till the period of his attack upon
at Niblos more than year afterwards. This, with
little variation phraseoogy the substance
Mr.. HARNoNr friend of signor dAlvear testified to
having been present at the time of the assault Mr. Suy-
least two three blows with the knife which he then
dropped hastily followed hin, out of the bar into the
street and asked him what had induced him to commit
the assault His reply that Signor dAlvear had been
in the bedroom with his wife and that she had gone
He also said that he had from South Carolina with
that he had done So asked him if he felt aggreved
why he had not challenged Signor dAlvear. His reply
was that the Signor from the situation he occupied
not at liberty to accept challenge he would have
done told him my friend would expect TO obtain
tsfaoon for the attack upon him. when he answered that
he would be most happy to afford him any that he might
desire. DR.. Canochan called attend signor DIAL
wear after he had been injured and subsequently Drs Mott
Drs P. and w. testified that the wound, at FIRST was
very severe 1t had been struck downwards, and the
knife cut through the upper from the nose to the edge
the teeth and breaking another and somewhat nuring
the gums TWAS transfxed wound and required to be
sewed up, but healed kindly, and left but little mark
This about the whole Of the story that the let
tiers and the bed room, and the violated sancy OF
ried life and all the other things which Madam Rumor
spread the four winds at the time Of the
dwinded TO a small point Whether poor Suydam had
been "pu upon some lady folks absent presently
had walked up the wrong passenger it is impossible to
saythat something Of the kind connected with the
operation evident he perfectly knew his and
seemed
Burning with deep revenge"
to resent some serious supposed wroLg
Mr.. Price stated to the Court, that there witness
whose testimony they had hoped to procure for the pre-
sent trial bu, without effect They would be enabled to
get it, and asked that might be presented to the Court in
mitigation Of penalty
Judge Bkrrs replied that the request appeared to be
reasonable one.
The offence for which Mr. Suydam is tried is for
committing assault accredited agent from abroad
the penalty for which is Imprisonment for term not
exceeding three years and fine at the discretion of the
Court.
The District Attorney (who assisted by Mr.. F. B.
CuttingD read certificate from Hon. Daniel Webster,
Secretary OF State showing that Sgnor dAlvear is Sec
rotary of Legation from the Argentine Republic to the
United States.
The was submitted without summing up by coun
sell The Court charged that the duty of the jury
merely TO whether or not the prisoner guilty of
the assault
Theiury found him guilty, and the Court adjourned.