The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-24
Trial ~ Hev. John Gilleepss, for Iaaessas
AaaaUlt. In DoG9Du.

Assault, In Doetou.
(From the Boston Mail, Feb. ISL
Counsel for the government, Samuel ID. Parker.
Esq Counsel for the defence. Hon Rufus Choaie
and Joseph Bell. Jr, Esqs
FIRST DAY.
At half past o'clock, p. M, yesterday, the case
of Gillispe was taken up in the Municipal CoaH;
after several postponements. Mr.. Parker asked
the Court for some order in relation TO any op'n.
ions formed by the jury. inasmuch as the case han
been the subject of comment by the public pras
The Court directed that, as II was the duty OF the
courts TO furnish every m IN with fair and impair
tis trial, any OF the jury who had formed opinions
viii :h would interfere with righteous verdict,
would be requested TO decline to serve Jurymen.
None, however, left the jury box
c The counsel consented 10 60 TO the same jury
on all the indictments at once. The indictments
then read To the prisoner, and were TO the fol.
lowing purpert:-An indictment alleging on the
first count, that on the night OF the 18th OF Novem-
ber 1850, John Gillespie, clerk, had made an Inde-
cent assault on Mr. Fanny Towle, wife OF Lyman
Towle; and in second count thereof, that he had
also assaulted on the same occasion Lyman Towle
with dangerous weapon, called q heavy walking
cane The second indictment alleges That on The
same night John Gillespie had committed an AS
ssult upon watchman Alvah Cloutman; and N a
second count thereof, that he had assaulted HIM
with dangerous weapon, called large heavy
walking stick. while in the discharge of his duty
as peace officer and Waterman of the city of Bos
ton-to which the defendant pleaded not guilty,
ard took seat beside his counsel
Mr.. Parker, the District Attorney, mad , bret
opening in which he stated the facts in the case
succincdy, alluding to the several aeg in the
indictment. He then called nine witnesses, who
were sworn.
EVIDENCE.
Mrs. Fanny Towle called-Reslde at No, 81
Portland street; the gentleman who stands by me
Is my husband; went TO ride on the evening of ne
18th of November; returned at III o'clock, and left
my husband in possession Of the horse and chase
IN Sudbury street; started towards home, and
had got just below Hawkins street when met the
defendant; il about two rods below the street;
had not gone but little way before Mr.. Towe
overlook me and took hold of my hand, and WAS
stepping along pretty quick, when this man came
along and caught hold Of me in an improper man.
Her and place; the place was in the centre; said to
him, You are saHcy, impudent man, whoever
YOU are" Mr. Towle turned round and asked him
.what he meant BY catchngshold of me-" he said
he did not; Mr.. Towle replied that he did; the
nan then said that he knew me and had right to
catch hold Of me; MI. Towle asked him what he
me ant; he said he would catch hold of me again #
ne chose; Mr.. Towe said he would call the watch,
he replied that he need take the trouble, as the
watch was here, exhibiting cane; the watchm,n
came along and said he knew us.that was Mr..
Towles wife; he exclaimed, " His wife," The
Waterman replied, /" if she is not his wife, whose
wife Is shel" ! Immediately went of, leaving
the m together; ! saw no blows struck; have no
doubt that the person present il the man; he had
patch on his face when al the Police Court.
Question Of Mr.. Choate-How many times have
you been to Porter's within the past three monthsl
Mr. Parker objected, and the question was
The witness resumed--The lady and gentleman
whom we met at Porter's were Boston acquaint-
| aLces met them by accident; the only persons
who pariook Of the refreshments with me was this
edy and gentleman; at the time OF the assault Mr..
Towle called Mr. Gillespie "a puppy and liar"
think he didn't use other foul languages my hus-
band had walked with his arm about me as far as
Mr. Choate-[A distance of twenty feetl
he has hold OF my hand at the same time his
arm was about me.
Lyman Towle called.-Am the husband of
Fanny Towle; my place of business 10 al the cor
Ler Of Hanover and Elm streets; went TO ride with
my wife on the evening Of the 18th OF November;
left al o'clock PM; we usually walked from
the stable; spoke 10 the hoser, and followed after
ny wife, who was a little ahead OF me; took hold
oi her hand after passing Hawkins street, and
placed my hand about her, and was skipping along;
raw tins man nearly down TO the next street;
was ON the outside; the sidewalk here is quite
woe; the defendant held this cane exhibiting
heavy biudgeon of walking stick, mounted with
a east iron head gided, weighing several pounds);
when we neaTed the defendant. he reached out
bis left hand, and caught my wife in front OF her
person, stooPIng down TO do so; she made slight
s.ptch, and pushed me OIL the sidewalk; stepped
OIL ~ith one foot; said to Mrs, Towe, Did he
get hold ofyou," OF 4" catch hold ofyou," don't
remember which the answered yes; she had
cai,d the man dirty, impudent puppy, as the oc-
essen Of this inquiry; / Immediately and very
suddenly turned round and said, I" You dirty,
miserable, imPudent puppy, why did you catch
I
rad, "What lady7" in a very sarcastic man
neT; adding, have not caught hold OF any
LADY," Mrs. Towle replied, "Yes you have ~
the man said, holding up the cane, and shaking IT
over my head, " Your lady | know who you are,
and what you are, and, If you don't hold your
tongue, I'll silence you; this will do IT," shaking
he cane over my head: he said che had night
to catch hold OF her, or any such person." ] sad,
" II you don't keep silence I'll call the WATCH"
h. said, " Here's the watch" holding up the cane
ana saying, "This will watch you;" when tae
watch came up, said, 'Here is a man who has
BEN insulting my wife," the defendant SAID,
Your wife your wife your wife :" in a sarcassl.
manner, pointing al her with the cane; ! SAID, "lf
you know US, you know nothing OF a. that you
should insult my wife, then called him a id
pUppy, or something startling; | dou't remember
~6eiher the "d-n" was put 10 or not, as on or
dnEry occasions am not IN the habit of swear
ne; when ! made this remark, he changed the
pas,cn OF his suck, go that he could strike with
the head end. and gave me boS, which took
effect across my arm, in Tending II Oh from my
i.ao; then struck him a blow, which knocked
HIM nearly across the street; he fell, striking on
he lace.
Mr. Towles' testimony resumed-The next that
| saw u Gillespie was when | saw him start and
run; next saw him IN the hands Of the watehm.n;
rs~ that they had got him and were ornglng him
towards me; then LETT with my wife for home;
Gillstp,e's face was some bloody; the watchmen
made q complain, IN the Police Court, and | was
summoned as a witness; should not have made
the complaint
Alysh Clourmsn calIed-Am city night watch
ms o; on he night OF November II, 1850, saw the
OFT ndant, at about III O'Clock p. Nj In Sudbury
street; saw him running from a crowd; he was
wy bloody when ! met him; as he passed by me
cone one oned out. stop him. | arrested him,
srd ~ss struck with a heavy cane on the side OF
my head; secured the prisoner, who said, =" IL
kGy~ Who he was | would let him go;' as
grated 10 the right cheek by hun, the lesh OF
shich was torn by his finger nails so that IL bled
Rcod deal. think his intention was 10 get hold Of
nv eye; the man ssd he had been knocked down
R1d Kicked IN the nose; told him he mus, 90 back
Tcsle, Who said, I" this ~ the man who has been
tnsnltins my wife; | want you to take hun 90 jail,
and 10 morrow morning Will appear against him."
/ took HIM 20 the waichhouse and committed him.
ihs West division, on the night OF the 18th OF Nov.
let, Gas duty os the evening watch; say
Rev Mr. GILLESPIE, the defendant for the hrs; time