The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-06-06
United States Circuit Court.
nofo~1 U,,Ir. nxkx.

JUNE 5-Charles E. Lester ps TRos. C. NJ Smith-
This was action for assault and battery The plaintiff
citizen of the State Of Ohio He had been travelling in
Europe, and met with Mr. and Mrs. Lester at Leghorn,
and they took passage together in the ship Brooklyn,
to return home When the ship had been out about 30
days Mr. and Mrs. Lester, Mr. Smith, and another pas
happened to be on deck and were speaking Of the con-
duct OF the captain In the Of the conversation
some comments were made by Mrs Lester the rough
ness Of the captains and conduct during the
age Smith, appeared, took exception to Mrs Testers
remarks and said he did not wish to be party to any
comments on the captains conduct that he was the COM
mander Of American vessel and entitled to the
spect Of his and Of the passengers Upon this Mrs
Lester turned round playfuy said that he Mr. smith,
was toadying the captain that morning Mr.. Smith said
that il it whoVAid so, and if he said it
rously, he would stop him at by blow. Mr. Les
ter, in sort of banter, seemed to affirm what his wife
said and went away, but after returned, and said
Smith did you not say that man made the remark that
with blow Smith replied, he did then said Les
ter, repeat them in the most serious manners upon
lent blow the bridge Of the nose, from which the
blood flowed freely in consequence Of which Lesser
from sea sickness had to Be- helped to his berth by two
persons, and was confined for four days.
read an afidavt made BY Mr. Sullivan, which detailed
all the circumstances and from which Mr.. Cutting in
sisted the jury ought to infer that Mr. Lester him
self the aggressor that by his arrogant and ovebear
ing conduct the airs and consequence he assumed
American Consul during the voyage he provoked the
assault and disented himself to the consideration Of
jury.
Mr. ALvAN STEWART, for the plaintiff, summed up the
case in very numerous speech, which kept the
dience in fits Of laughter during its delivery.
The JUICE said this was an action seeking damages
for act of personal violence The facts simply
detailed by the evidence and amount to this The par
ties were fellow passengers board the ship Brooklyn
her voyage from the Mediterranean to this port
alteration took place between them the and
the defendant struck the plaintiff the in the
presence of his wife and of two other persons after
which plaintiff had to be helped to his BERTH and that the
blood flowed freely from plaintiff nose and found
in his berth and on the bed clothes 1t is unnecessary
m In gtrlr ANAL that marty
ship board well land is entitled the protection
of the law. Plaintiff therefore, has proper foundation
for bis action The defendant does not plead that he
justified had rghtful authority to give the blow but
you WILL however in determining this question look
solely to the evidence Of the Frenchman and Sullivan
which you have heard detailed to you in the Of
this trial The general rule Of law in relation prosecu
tons for assault and battery, is simple and clear The
jury will look at the relations in which the parties stood
to each other that is whether the blow given from
ed with cool determination commit injury
person and feelings of the party. These the views
in which to look at this matter You also to
look at the position in society of the in this
of education and both in the rank in SO.
ciey suit when you 60 into this field, it is hazardous
one, and you must take that you do wild,
because OF some importance attached to plaintiff in his
pubc character Judge Belts continued at length
to address the jury the facts evidence adduccd in
the and concluded by telling them the assault had
been fully proved but that the of damages
matter which altogether rested in their discretion After
which, the jury retired and utter returned with
verdict for plaintiff for $500.
Myers Day-India.rubber Case.-The Jury after
being out all Thursday night into Court yesterday
about o'clock, and stated they could not agree upon
which the Court with the consent of the parties dis
charged them.