New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-03-02

CorAr OF COMMON PLEAs--Before Judge DAILY
Elisa Jane Montgomery vs. Joel s. Oatmdn.-Tbe plain.
tiff 10 stout hearty looking young woman, we believe
native OF the green sle-tbe defendant is highly
spectacle physician OF this city The action for assault
and battery. alleged 10 have been committed by DR.. o.
10 applying Cayenne pepper 70 the nose and lips OF PLAIN
tiff while In alleged state Of mesmerism at an exh
bition by Mr.. lie Roy Sunderland, Of mesmerism, pa
thesm. &c. at Mechanics Hall Broadway, on the eve
ming OF the 9th December last II appears that Mr. g.
had announced that he would place persons in of
somuambulism by which they would ghosts and ex.
ercise many other wonderful matters On the evening
previous 20 the question he bad stated that he
would operate that many of the audience would be-
come In mesmeric state previous TO his arrival
large company assembled Among the audience was
DR.. Oatman, accompanied by his lady They sat near
the stage. IA young MIN who sat beside DR.. Oatmsn
went TO sleep as II under the mesmerc influence. and
several others were observed In similar situation in
various parts OF the ball DR.. OanaD having about him
very small vial contapnR cayanne pepper placed 10 the
Of the young la amesmeric state beside him Mr.
Sunderland had given out that he would render persons
perfectly nsensibe TO be beyond the reach offee
Inn and In that way teeth could be extracted and other
operations performed without pain or waking them up.
Il had also been stated TO DR. Oatman that physicians
at liberty to apply any proper test in relation to
the reality of the situation of the parties On DR.. Os
placing the vial the of the young man he bore
for awhile but finally started and opened his eyes in
curing OF DR.. II what he had inhaled would hurt him
10 which answer returned in the negative. Dr.
D told the young 10 acknowledge that his pretended
going to sleep was oil humbug 10 which he replied
he had not fully got TO sleep. Miss Montgomery, the
plaintiff In this had been In the habit OF going the
stage and exhibiting the science She appeared to be,
&c Mr. Gerard stated IT, zone of the regular company
She was seen 20 enter the hall with her bonnet but
not long afterward observed 10 start from among
the spectators about iwot rds the distance of the Hall
from the staging and pass up tho middle aisle toward
the stage side OF which DR. Oatman sat Some
OF the persons who sat the Doctor and had enjoy
ed the Joke 10 the young man said, There comes
smother of them try il on her She advanced without
any bonnet her eyes shut aud in sort Of Waiting
manner. When che came up to where the Doctor sat
and just az she was passing him he sppedthe vial to
her nose threw her head back and the vial also II
was said struck her lips One or two witnesses said
she screamed out which denied by others. All
agree however that after advancing two steps
farther she returned and gave the Doctor tremendous
beating and threatening 10 pull all his hair out. she
kept her eyes apparently shut though OF the wit
nesses said he thought they partly open Great
excitement ensued and DR. y made his appearance the
fret time for the evening Some persons tho regular
company, Mr. g. said were for turning DR. Oatmsn out
while the adienoe around him insisted that he had only
applied the test that he had right 10 do. Quiet was
enaly restored and the proceedings went on Some OF
the mesmerised parties ON the stage sang song and
merised young also sang ono made by
himself the theme OF which was Cayenne pepper.
Miss MONTGOMERY continued TO keep her eyes shut and
IL IL contended she did not come out OF her mesmerc
situation for two three hours afterward when she
nrst experienced the realities OF the Cayenne pepper,
In the meantime she declared TO have the ghosts OF
John Wesley Geo Washington and her mother.
Some OF the Witnesses for defence who were present,
spoke of the pretended science as humbuP while one
others, without passing upon the science itse
thought DR. Sunderland was such Doctor :. IL was
ssd by Dir. Gerard after the Cayenne pepper eS
posion left the City and II this suit is successful he
and al others like him, will return and recommence
their vocation TO be continued this forenoon. For
plaintiff Mr. w Mulock for defdt Messrs. Gerard and
f1sff