The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-10
Superior CNurv.
Before Chief Justice Oakley.


'aking inside the suare with gentlemen, the
over ornsr towards McDougal street. saw him watch
rs gentleman on the otler side; that gentleman was
DR.. Willis Willis was walking along towards the Fifth
" enue in the square; next saw Mr. Forrest right De-
ind Mr. Willis be agrroachee HIM very sois!y gfaooe1
did not observe whcthet he got the cane out OF
his hsna before he knocked him down. Ir VII
lis close TO tie fenccnot very great way on the
blow was struck the back OF the neck close by,
in the square did not enter by any gate; jumped
over the fence, a. a. Mr. Forrest after
Mr. WINS heard sorebody say THERE'S fight ana
ssp,d The fence Mr. Forrest with some kial
Of hide raw hise believe II ~as-and he whippe@
him with i. severely can't tell the number Of toxs
did OF WHIST effect these blows had upon Hr
Willis VT Wilisnade efforts &C rise; he was rrcvsted
b. Mr.. Forrest VINO held him t- the collar.
Croes.examiued-I was corning from my work. IN the
Bowey bost ed in Hamne-sly street, aud vrs walk
Ing home; rmemter gate, in the middle Of Tie Park;
hsd got beisw that gate to thc'ewer
nec than to that gate vas alone the tine there
othrs in the st-eet that took anyrotce Of
number of persons gathAed in the SQUIRE the time;
,ir Forrest walking with two gentlemen at the
time b. in the middle OF them; Mr. Forrest
on the same peth with me, ART farther down
when say lie ~satching Mr.. Willis, he was peep
ing hstween tho-c two gentlemen, locking north
suppose there two three oshrn the Park at the
time; Mr. Willis ~ss walking along with cane; can't
say low far be from McDceural St: he about
twerty yards from Mr. Forrest Mr. Willis was on another
WALL going towards the Futhsvenue; should say
Mr. Forrest watching him about couple Of minutes;
Wills had get about fifteen or twenty yards before MI
Forrest he eG got opposite him little further into
the Park before he struck kim he walking with the
two gentlesaen At the times he left them and ran after
Mr. Willis ana struck him; don't know what became
OF the 4scr temen; him up behind Mr. VIII
lis; then jumped the fence. and heard boy say
there wa. 4, srht then ran after them Mr. Forrest
ran up sthr sofy after hin within three yards
Of Mr. Forrest, l suppose. when ! saw him strike Mr.
Willis; Icent say how far Mr. Forrest was from the
McDoxga sence The first blow that was struck was on
back Of the neck Mr. Willis fell with his face the
ground there several persons present at the tiMe
they all strangers q me, and cant tell who they
were; took no part ia the matter no others TOOK any
part thst l noticed: Mr. Forrest was IN front OF Mr..
Wills when lie had hold Of him by he collar; when he
sticking him With stick rawhide he was in front
of him, MIR Willis was doing nothing but takiug the
beating; (aughterl he tried 10 get up and Mr. Forrest
held him down; he his hands and knees with his
face down 10 the ground GLOW do you know whether
Mr. Forrest holding him up by the collar to whip
him, or holding him down Ale did not appear
b. holding him up he held him there and Mr. Willis
coaa not get up; am cabinet maker; did not see
about this matter two months ago; think it
lstoTe an VI. p. Q-You don't mean a Member OF Par
Lament (Laughter) A.-No, nor Governor neither;
think ii officer it his wife who wrote down
the statement which made the gentleman whose wife
wrote down the statement, subp@ned me
10 Mr.. Sandford-I have had no communication with
Mr \. T. Willis in reference to this affair.
William Fullerton deposed Il noticed the ARRAY in
Washington square was between Thompson and McDou-
cal streets sitting on the third bench towards McDougal
the first thing noticed when turned round was
behind another. and just as looked round he
drew IF and knocked him down. the man who struck
behind the other after the was knocked down. The
ho knocked MIN down wrenched a small cane out
& his hand; don't know whether he struck him With
brown appearance for considerable length Of time;
have since ascert2ined that the who struck
Mr. EDWIN Forrest did not leave the bench till after
the police Mr. Willis did not get up of the ground
before the polce came he might have made an effort,
but Icant say.
Cross examined Il selling candy; had assist
ants didn't require any (laughtcr); there were
toners; they all engaged at the time Caughter):
there cry when the struck; cried out TO
the police: there cry from ILLS to call my at
ention there was nothing 10 call my attention before
truck man q he
Willis when lie struck the blow; Nr. Ills was nearest
10 Mr. Forrest north q Wills at the time and
Mr. Willis standing east Of Forrest Wills going
towards University place, the path where he was
diagonal line from me; an officer took me down TO Mr.
Wliss house believe his name Is West told what
knew; Mr.. Willis wrote out What | said. and then the
officer took TO jefferson market aud swore to it, the
ocer took the statement, and dont know what he aid
with il after Mr.. Willis questioned me while made my
ai.ment; lie did not tell me what had occurred; be
asked me what had seen; il brown cane and
might be mahogany for all know (aughter), but
told it sutta percha; don't know what Kidd Of
cane Mr. Willis had, but he showed me cane in his
house.
Mr. ysnBuren-1 thought you said he did not tell you
anything.
Winess-showing me and telling me are two different
things laughter; have made no other written state
ment but the on. made at Mr.. WILLIS house
Antonio kltha Folio, syoung lad dcposed =: resided
last year ST. Johns College at Fordham; wa. in
Washington square last June when ARRAY occurred
Mr. Guilsger and some others with me; am from
south America and attending school here: was sit
ting on a bench. and l saw Mir Willis walking with .
cane in his hand; saw another gentleman come b. hind
him and strike him in the back Of the neck,
and knock him down; ! don't remember how
gentle man held him by the collar and took whip
cut q his coat and whipped him with IT, he whipped
him several times; the gentleman thst the ground
Attempted 10 get up. but the other was holding him
down that Other gentleman Mr.. FORREST dill not
notice Mr. Forrest before that in the square Mr Forrest
not more than yard from Mr. Willis when ! dr..
noticed him Mr.. Willis was gong scr-s- the square.
ff,een years Of age; Philip Guillaser who vas *
amin,d here yesterday sitting beside me- bls
younger brother running around the Park.
Cross cSsmiIsd-I sitting on the first bench ffor
tie gate did not Mr. Willis in; don't
!, m.mber exactly how long we hld been sitting
there perhaps Il minutes; dont rrccect whether Mr.
Forrest was farther up the Park than Mr. Willis they
we're both IN the same path; cant remember which q
them nearest me-; when tue people there,
went 10 them; went nearer before the police
cane; the hrst thing was that Mr. Forrest when
he vas within yard Of Mr.. Willis struck him: have
not been mined before IN reference to this trsLac
ticn
John " steinman policeman deposed-I was ia
tened Ia Washington square. in June last; alien
ton called to ARRAY between Willis and forret;
I stardng near the hydrant the first thing Jaw
wbeu act ~ to the place. was man lying on tie
ground he the ground when first looked ~ that
direction h. continued the ground AL the tune until
got up t. him. and the man who held him iosn was
b'a;lng him al the time; i was probably two hundred
aud hny feet from the hydrant; my partner and my-sit
RI down, took him on. and took him 20 the station
hcuss; app AIRED TO b. gutta perohs whip ~. mao
that bsatng the other had; 1t Wa snur-colorrd;
cant lay whether he beating him hard or not vas
running all lie time: the man that on the greunl
vas his knees and his head towards the ground
took Mr. forrest or from Mr.. Wills be made another
rii,np e strike Mr. Wllis can't cay whether II ~
with Mr Niis's not; there we're some do1eu
twenty chiren prcseBf and one or two men: heart
tie names 81 those called in the District Court
~ ibe Ninth ward they stevens and Dughrrty.
thfN 10 IL feet Of when came up TO hlr
Wits and NJ fonest they had not ntcrfercd 1t a ~
g. Tie time ! came up
Cross exsmined--Q You were going to tell us what
sail
SIR GETTING objected T. what was saiJ at that time
Il dd not tetd t. characterize the assault The Win
not present before the assault was committed
Goa ns,l for defendant contrpded that every drctT
tion that va made ~ party and The other al tr
anriy admissible ~ testimony.
~ Cutting objected a. anything that wa sa' s'irr
ta assault vas ccmnttt tending To Justify the
preston lie objected 10 anything that may have b'eW
ssiI after VII Mr. FoFre.t mac expression u IA nnt
appear that SIR wills heard IA in condition
understand IL.
Tie Judge said that 4 declaration was not ala-
sltc but II made il The presence 4 Mr. Willis aud hc
la condition To hear IT, the Court could yb