The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-14
Court OF Common Pleas.
t.


JUNE i3Lab,ou ct al u.s. CLUE ct al-The Jury in this
case did not agree and were discharged
Sophia Smith Us. Charles Gannon-CAsE OF ASSAULT
Humorous The Court occupied during the day in
trying the above case which excited considerable amuse
ment in Court host OF witnesses, summoned to give
action Of repass for assault and battery com
med by defendant on the 4h day Of May 1919, "with
force and arms w.t. with swords clubs whips slaves
ropes hands and feet y and for "beating, woundng.
manning and illtreating plaintiff that her life was
despared Of and other injuries inflicted against the peace
of the people Of this State" Such was the manner in
which the set out in the declaration.
The parties lived in Albany street Sophia it appeared
lived servant woman in thelamily OF Niger named
Hoffman for some years. The defendant IL by trade
coachsmh and wheel.wright The cause Of action grew
carriages ranged outside defendants fathers forge
to be repaired, which gave offence to Sophys boss So
pha hereupon abused the owner of the carriage upon
which the defendant (Gannon) nterposfd with view TO
pro his customer Sophy hereupen entered the forge
and commenced attack with pieces Of rewood
upon which the defendant it alleged dealt cut few
hard knocks and inflicted some blows with ny.whip
The first witness sworn was Mrs. May
HowLEr examined by ex.mayor MoRnIs:-l remen'
Der the Sd OF May; was then living at Mrs. Millcrs
and present at the squabbe between Miss Sophia snc
Cannon; first heard the words between them they Cali
ed each other hard names and then came to blows Gan
non beat her with small stick to which was attached
three lashes.
Cross examined by Mr.. TUCKER have talked with
Mrs Cannon the mother Of the plaintiff on this subject
heard that Sophia fond OF drink never had
any difficulty with the Cannon family had with thu
Miller family understand that Mrs. Miller is sister to
the Ciannons would send Cannon to the
state prison il could did not Sophia go into Gan.
mons shops did not Sophia pick up stick Of wood
ut the time, throw at Cannon understand Sophia
Yfs ~ wa Sf S9ed a %y 2a 81
MoRkIs-I lived with Hoffman in May last at Albany
Sophia asked to have carriage that at The
door taken away she desired Mr. Cannon to remove the
carriage hut he reiused she sad she would make him
go J" words took place Cannon said che was Niger
~" she said cit was a lie' she received some
heavy blows would not wish TO receive them.
In his crossexamnation nothing elected to shake
| this witnesses direct testimony.
DR.. PARKINSON swom.-I attended Sophia; she had
Commissions and injuries about the head and should
ten days interviewed between my first and second
| visits.
Crosseramined by Mr.. TucKER.-The Commissions were
severe; the skin was broken know Mrs Rees; she
beenck for the last four weeks she could not come
forward.
ANNE HOFFMAN, (colored) swom-Sophia lived with
servant my husband is porter to public store in
Washington street heard the after the row So
phy in and Ter nat torn to pieces she suffered
for two or three days after.
Cross sramined-I saw sopby have black eye after
she recovered, not growing out of that occurrence
won't swear as to her drinking won't swear that she
drank SO freely as not to have command Of herself
MICHAEL BoSDs for the Defence testified to the fact
the plaintiffs being the aggressor.
Mrs. MILLER "a respectable looking witness)-I live
nearly opposite Hoffmans house. where sophy Smith j.
engaged domestic Mrs owlet lived then in my fami
ly we had some difference she said snce this occur
renee that she would to have my brother in
the State prison understand so she felt offended with
my brother, for not making friends with her she asked
me to introduce him to her: remarked, You know
Mrs. Howet, you have husband" she told me TO ask
Cannon to go up and see her and that she would treat
him first rate she was intimate with Sophy Smith, who
got her girl to live with her she brought fou
females to cause disturbance in the house and she
threw cayenne pepper in the children's eyes (Roars
aughter) She dslik not having my brother 60 to
her; is sail she is married she is intimate with man
named Harrison Fayle bar keeper in Barclay street
her husband il he is her husband. absent from thu
house saw Sophy the day after the quarrel she wal
skylakirg and lid not appear TO have been injured.
MARGARET GANNoN-A little GIRL about six years o
age sister to defendant testified to having been in thu
forge when sophy entered and flung piece of wood
her BROTHER which nigh hitting her the leg,
caused her to jump. Several witnesses subse
queny examined who bore testimony the fact of plain
tiff living as domestic in the family Of the Niger Coun
sci the part of the defence remarked that there
much scandal which he thought well not to bring be
fore the Court.
The Jury rendered verdict Of $25 and cents costs
when Sophy left the Court in company with her mists
amid the asonshed gaze ofsevera spectators The Cour
adjourned over.