The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-14
Superior Court.

Before the Hon Judge Duer.
Fee. 12.-Esfher y. Weisser, .4dminisrarir Chds
Denison, President Of the NORTH Reer Bank-In this
case the jury returned verdict for plaintiff $l,ss6
60 Appeal 10 be taken to general term without secu
.4ssault aud Baiterp-James Scrpmser rs. Charles j.
Speicer-Ths was an action tor assault and battery
Tho plaintiff complains that on the 9th February,
1850 the defendant entered his premises No Ill Wall
street, and applied to him insulting and abusive lam
paintiG ordered the defendant to apit his emises
which he refused and thereupon struck and violently
assaulted the plaintiff on the head The defence is
that the premises OF the plaintiff leased by the
firm OF John and Robert Osborne and that the DEFEND
ant acting ~ their agent made and executed lease
OF the premises to the plaintiff Tor the year
ing let May 1850 and also made a counterpart to be
executed and delivered by the plaintiffs that the plain
part and refused to give either of them up; that on
the 9th Of February the defendant, in a respectful
manner, requested him TO deliver up the paper,
which the plaintiff In . most violent and abusive
manner, refused to do, and used grossly Insulting
Language to him, and called him BLACKBOARD In pre-.
w. Buroyd was the first witnes. examined He
deposed to being present the occasion in question
and to the assault being committed by the defendant
William ii. scrymser. brother OF the plaintiff. de-
posed I was In my brothers ONCE In the month OF
February last year; 1t was after the alleged assault
Mr.. SANFORD obj ected to the Introduction OF any
conversation that occurred after the Transaction.
ADMITTED. Excepted to
Witness continued When I called at my brothers
place, my brother said that fellow pointing to Mr.
Spencer, has struck me - Mr. Spencer VERY much
excited and said that my brother had paper of his.
suu nc Wouu leAVc the on &c TILL ne got IL,
took Mr. Spencer aside to try and reconcile the
ter and 70 calm him; told him that he wrong TO
act go In another mans Office; he left and walked
up and down the Office, In clustering manner; he
then raid TO Mr. Osborne You had better go bass to
the Office; III take OF this chap; I'm not going
away TIL get the psper;m my brother and vent
out and we lett Mr. spencer still liz the office acting
boisterou.y; afr aid there would have been ore
trouble 20 took my brother away.
On REORGANIZATION, the witness ssid that Mr..
Spencer repeatedly asked his brother for the paper,
which he refused; he eai he had hed the office from
Mr. Osberne, and matter Of courtesy he would see
him on the subject, as he had something to CON-
plain OF.
Benjamin Clark deposed TO the defendant coming
into Mr. scrym.ers once, and asking Tor pa per
belonging to MIR Osborne which he fraad ntly DE-.
tan-d scrymser said h. had taken the premise. from
Osborne, and he should never give IL up Spencer was
violent sndsnid he would until he got the paper
witness asked him to go away, and said he would be.
come responsible for 1t; spencer said he would not
trust ecrymser that he had broken his word and be
could prove IL by Robert Osborne; MIR scry stood
up and said to us, You see what abuse am OBLIGED
to put up with from this blsckgusrs;" upon which
Mr. Spencer few at him. and hin with his ST
on the head; IL knocked OIL his hat.
Council for the defendant having submitted their
case, and eontendet that he sded IA the course
he bad pursued the judge charged the jury who not
having agreed ut the rising of the Court, at four
o clock, were directed 10 render a sealed verdict
FEB. l3-Nerdict tor plaintiff $500.