The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-05-30
Circuit Court.
Before Judge Kent.

MAY as-oseph Muliigon VS.. Coiin aud swsei, Police
CUeers-Ths 10 action Of assault and battery Mr..
opening and from the testimony of Mr. Charles Wilson,
lne pain'in case may be stated as follows NV Multi
he piainti Is one OF the principals In ST. Lukes
Academy-has been a clergy man of the German persua
SION ne hired house, No. % Reed street. some years
by a woman called Harding or Clark There he'd often
been much noise and disturbance at this house. the
nsyancs Of Mr., Muiligan's family: The present affair
occurred on the night Of the 7th September ls42Mr.
Mugan was in bedit about IL or o'clock at nil hit
Inc young man Wilson had been sick in the night
had been in the yard-was coming through the entry
heard the street bell ring-saw MIR. NJ coming up
stairs. who requested w. to open the door Wilson did
open the door in his night dresssaw person on ny
stoop, but did person (Colvin) standing upon
adjoining stoop, Mrs Clarks)Wilson told M that he
thought mistake had been made, and the wrong door
bell had been rung-COlvn standing on the stoop
OF %, talking with woman Mrs Clark)--at
Mullgan's door-there was great nosewMngam rec
quested them to dispense told them he kept respectable
house. and would not be disturbed in that manner hut
would call the watch. Wilson said all Mrs Clark
doings who was then on the stoop Mulligan told the
woman that he would have her house broken up in the
pretty place for officer. Mugan sad he didnt
believe he officer at all Colvin threatened to take
Mulgan and Wilson both to the watch house, and
vince them that he was an officer. Mugan went into
the house for his seized hold OF Wilson and
held him fast. Covin called to some person from the
mob, whom he named Burt some such name(he turn
ed out to be Sweehe came and seized hold of the
which Mulligan had in his hand, struck Mulligeu seve
raj blows on the head dragged him down from the soop
and knocked him into the gutter In the aray, Mugan
got his leg broken below the knee, both bones in two
places-was very badly hurtwss confined his house
Tor 40 days-now walks on crutches, or with cane
Wilson told the mob they had finished Mullgan a they
then then dsTsrsea surprising Mugan to be dead Colyn
Immediately returned to Mrs Clarks house. Drs. Ro
gers Detmod and Wright called in to Mullgan
he did not attain his until O'Clock in the
morning This house of i'll fame had been complained of
to Alderman Crous Colvn and Sweet did not dispense
the mob. Mulligan did not strike any one although
this point the evidence conflicting. Covin did
for any physician Such is substantially the for
the plaintiff
Mr. PRIcE opened the for the defence He stated
that Colvn and Sweet had been police officers for
three not at that house that night for b
dnous purposes but in the discharge OF their duty Mrs
Harding Clark had resided there timet was her
miAforune to be stuated-she had been but short
time before very severely injured by person of
whom she had complained at the police oce-a warrant
had been issued and COvin! andSweet then endea
voring get description of the person who had assault
ed Mrs Harding Colvn in this mob insisted his pre-
serving the peacsMullgan called him liar and
drelstrikes him three blows the back-not blow
struck by either Of these Observation-Disclosures wounds
were the accidental result OF the scule Edward Den
nison the name OF the who assaulted Mrs Harding
and whom Colvin and Sweet were endeavoring to
rest Dennison committed an assault on Mrs. Harding
otherwise called Clark in her own house. Dennison
never found or arrested jones H. Blinne said he saw
Sweet and Colvn standing upon side OF the stoop and
Mullgan and Wilson upon the other" they were about
| feet apart" Lewis Kruder and John d. Toten were
among the party who went to No. - and tried to get
they were refused admsnce, and advised to 60 away
and they did go They said they did not go there
to teach music to Mrs. Hardpgs yeuHg female boarers
although Mr.. Kruder is q musician.
Mrs. Harding herself called and sworn as a wit
and gave her testimony for the defence but do
not think il proper to report it.
Mr.. Price summed up behalf of the defendants and
Mr. Whiting for the plaintiff
The Judge charged the Jury, recaptulatng the lead
ing points Ofthe evidence He said if the Jury believed
the evidence of Charles Wilson, it most outrageous
assault and battery, and high handed offence Mr. Null
ligan has received lasting injury to his person. great
PAIN loss Of time, Sc Sc Sweet to be guilty
than Ccvin, who did show some feeling OF humanity.
Even Wilson Mulligan had nsued Colvn, yet he
had right to strike either fthem take them the
watchhouse The person Of citizen is sacred, and must
be touched unless he be in the of committing
offence Mrs. Hardngs testimony is to be taken with
much allowance IRON the character she sustans. The
Judge charged that the Jury could give just as heavy
damages they chose although would be useless to
give damages which the defendants could not pay
The Jury were absent about fifteen minutes and re-
turned a verdict OF $1,000 against the defendants.
Juan ScorSurvs. The Brooklyn Fire Insurance Coin
this the Jury retired and after consulting for
siderable time, could not sgree and verdict taken
by of the parties for the plaintiff for $500, being
about the difference betwe what the company expend
ed repairing the house, and the amount Of loss claimed
by the plaintiff
For plaintiff Nj. II. Ketcham. For defendants, Mr.
Wood and Messrs. Waring and Role.