The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-09

with inhsnmatory rheumatism, and was Of compare
lively feeble frame Mr. Forrest on the other hand
man Of physical powers whom none but protested
pugilist could cope with Mr. Willis had walked out Of
sick room into Washington Parade Ground assisted by
his cane, and creeping along NJ a lesurely pace,
scarcely able to bear his weight. and, before he
deemed an adversary near he was, by sudden
blow from Edwin Forrest Frustrated 70 the earth Inc
powerful and athletic assaant not content to give Mr.
Willis the power Of self defence, took his cane from him
and then drew a concealed weapon, With which he went
there for the purpose Of INJECTING this ndgnty and as
saulted Mr. Willis and continued to assam hn un ne
police came up. 1t was, he (Mr sandford) was in
formed. gutta percha whip. Mr. Forrest was accom-
panied by two personal friends gentlemen who are 70
be seen daily with him. Those three gentlemen (Mr
Forrest and his friends) for time before
this transaction providing about the house OF Mr. Willis
and watching for an opportunity q committing this as
sanlt Mr. Forrest CAME up to Nr Wills rom behind,
they would show that that blow from behind,
and not from the front. 1t not open, manly
blow; but even If it WERE it would all mitigate
Of malignant assault II could not be mitigated by
any circumstance. II assault Of the strong
the weak and the aggression Is none the less whether
it proceeded from side the other II Mr..
Willis had been almed-but under our salutary
laws citizen deems it necessary TO 20 through the
streets srmedthe consequences might have been fatal
Mr. Sanford then continued to say that there
proyocaon for the assault aud that there would appear
clear right 10 recover and right - recover damages
beyond those ordinarily awarded Ici,izens walk
from their homes in peace, free from assault liberty
Is end; if they to be at the mercy cf every
who il physically their SUPERIOR to strike them 10
the earth, then the laws have little effect and little
force Unless the jury sustain the laws, and protect
their citizens, there would be way to change
these inequalities except by carrying and then
they would have state Of things which could not be
tolerated III civilized community they would have
their street rows terminating in blood and loss Of life
But Mr. Forrest had given the plaintiff notice that
although there was no immediate this
yet he up in his answer wrongs which he alleges
have been inflicted on him by the plaintiff The first
lie sets up Is that for several years previous to
this time. Mr. W:i...s hsa been in the habit 9; IN
1u,gins III Illicit intercourse with bis, Mr. For
rests wife that he had been in the habit
q aa have " sssa ,m nh om iii il
and il j. alleged that this outrage compelled Mr. Forrest
in $50 to apply TO the legislature Of pcnnyivania TO
state Of Pennsylvania for iyorce was based on the
grt unds Of Mrs rorrA-.a' Intimacy with gentleman
other than Mr. Willis, and in that application Mr. wills
Forests passion did not arise before 1924 and he
did not till then seek out the man who had inflicted
that period of time nothing palliate the
assault. The law will rot suffer the infection Of per-
so.al injuries. lie (Ms sandford) would not shrink
from Investigation Of all charges Of Illicit intercourse
between Mr. Willis and Mrs Forrest; he ready to
meet that charge false as it against Mrs Forrest
and false as it against Mr. Willis. They chal-
lenged the investigation if the Court deemed il adj
mssible aud they believed that the falsity Of the
charge would be apparent to all Another point OF
the defence Is, that Mr.. Willis published article
which personally offensive TO Mr. Forrest but
if he had been ruicd by that article NE had time to
be composed. it written two months and a half
before that time II the article were admissible they
could show that it but an article of selfdctence
agaipst attack published hy Mr.. Forrest in all the
newspapers. charging Mr. Willis with Illicit intercourse
with his wife. \ charge Of this kind demanded
they would show that II aggressive the part
Of Mr. " ills hut defensive OF the charge which
wounded him as a citizen husband and father. In
conclusion Mr. Sanford claimed that the law should be
sustained and that Mr. Forrest should be made to feel
through the pocket for the assault he had committed
Anne Mongcr the first witness called and being
examined 10y Mr. Sanford deposed-l reside in Blocker
street; resided in this city in the year 1850; was in
Washington square ON the 18th u June last; three
men standing near the corner of Parade ground aud
McDoueal. street; | recognise Of the gr0enen in
Nr Forret) should not have recognized him if
l
University place; walking from University place
towards McDougal street; saw gentleman sitting on
the seats gentleman go in ashe gate from Nc
Dougal street, that Mr. Willis. have since heard;
gentleman mir F.rrest) he walked fast at first and he
then ran; as he approached Mr. Willis. he wasd very
fact and when he to him he knocked him down;
j the blow struck: IL struck he
up TO him; Mr. Willis going towards the University;
Mr. the grass and knocked him down; could
not be at the side. or behind but he not in
front him. the blow was struck as soon as he came up
to him there nothing said that heard before the
blow struck after Mr.. ills struck down, Mr..
Forrest took the cane cut OF Mr. w hand and struck
him number Of times; can't say how many: Mr. Will
iiss head raised from the ground and Mr. Forrest
had hold q him 10y the collar somewhere about the
head or shoulders Mr. " ills made effort to get up
bu he did not succeed can't say that anything
else besides the after Mr. Willis and Forrest
taken away by the police saw other persons
up; nothing occurred that 10 stop Mr. Forests
assault persons inerfrod TIL the police came;
say with what Mr. Forrest struck the blow when
the blow struck, Mr. Willis fell the ground his
face down.
1 Crots-examined by Mr. John Van BUREN, came In
from the side from the Of Fourth and
University place. Mr.. Forrest and the two gentlemen
whom at the opposite side: got half way,
mere. through the park before observed Them
Mr. Willis at the time he entered the park he passed
fl, the path the next path. to the middle of
the square, which is the diagonal path; observed him
at the time Mr. Forrest came up to him. stopped after
Mr. Forrest struck Dir Willis; MIR Forrest between
me and Mr.. Wills they were both below me, towards
McDougal street
Mr. Van Buren, here drew a diagram Of the square,
and nng ii 10 tho witness said this intended
represent the square. Qaughtcr) will you point out
where they were. Miss Monger having done so, con.
tinued MIR. Forrest in the wath with he
passed walked and up to Willis at the
side Of him or behind him; did not the gentlemen
who with him again until after the police had
up and taken Mr. Willis and Mr. Forrest; Mr. For
rest passed short distance from me- Mr. Willis aud Mr.
Forr,st the first lamp the corner but
cant say how far from when the assault
mittcd it perhaps the length Of this court room,
or little more; can't say how long this occurrence
lasted perhaps three four five minutes; look
ing on all the time after he struck him,
rccsli,ct; had nothing to divert my attention from
lookingat tbcm; could hear what was said
Phillip Guilagcr, young lad about sixteen years Of
age, dcposcdWhcn This affair took place, resided at
~ Thompson street, near Warrington square; was in
the square la the Afternoon Of the 18th June Witness
ed the between Mr. Forrest and Mr. willis;
II about o'clock in the afternoon was sitting
bench located near hcDouga and Fourth streets near
the corner the south eide Mr. Forrest when first
Observed linn. standing behind tree gate,
Of McDougol and Fourth streets person entering
the gate 10 the would not notice him when be-
hind Tint tree; Iasccrainel since then that Mr. Willis
hou. in Fourth street between McDouga and sixth
avenue, about half a block from the square, Mr.
Willis wh,n he came mo the square; he In at the
gate corner Of and Fourth streets Mr. Forrest
behind the tree when Mr. Willis entered Mr. Willis
up the path which would bring him past the tree,
behind which Mr. Forrest standing; could MT tell
how far Nh Wiilis had gone up the path should sup
pose II about twenty yards Mr.. Forrest came
out from behind the tree up behind Mr.. Willis aud
knocked him down, he struck him Immediately he ap-
preached him; he struck him with his fist the back
of the neck; hr. Willis Tell on his face Mr.. Forrest
wrcBehei from Mr. Willis, and struck him with
H. he struck has with II than once; can't tell the
number II times he then took out "coyhdc from his
bo., m, he struck him with that can't tell how many
tines; policemen up. arrested them. and took
10th t. the police oiice; while Mr. Forrest trikng