New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-04
ASSAULT AND BATTERY.
willis against Forrest.
SUPERIOR COURT Before Judge BoswoRTH


few days before, and had not the plaintiff the
time OF the collision. II was not admitted
Edward W. Bur-, swon-Reside at No. l22 Allen.
81. my occupation is manufacturer OF Jewelry
know Andrew Stevens he is not now my partner
advertised notice of dissolution on 10Th last Jan
last saw him, think, on 10Th Jan. heard he was
IN the City week or ten days ago. but know 1t only
BY report have not seen him have heard OF at.
teDpts to ind him know OF such having been made
at the divorce trial did not know OF his Intention
to leave have lot been TO his house to ascertain
Q.-D0 you know OF the intimacy between him
and Mr. Forrest being interrupted before ne iefil-
Objected TO.
cross. erami,ed-It il not known to me where Mr..
Stevens / heard he was IN Virginia.
MI SANFORD said the order Of defense Is to make
it appear that they do not know where he 10. Mr..
Van B. said they might show defense knew where
he is If they can.
Wstness-Mr stevens's family reside at No. 80
Vestry ST. was told by his son that Mr.. Stevens is
new IN Connecticut, at Fairfield County, place
called Mil Plains.
The Judge said they had followed that far enough.
The Jury viii probably consider that he is In no par
ticUlsr case.
Witness was asked what sized man Mr. is. Mr..
Van g. said if they wanted to advertise him the tes'
timony might be relevant. Mr.. Jordan said they
wished to get his description to show precisely
such man was here within 4S hours. The testl.
mony was not thought necessary, the Judge saying
it is pretty evident If he has been here ne has not
been very public.
Gideon o. chase, sworn.--Reside at Owego have
done so since 1892 Mr. Willis, the plaintiff In this
suit, resided there cid so some or years was
acquainted with him.
BIZ Mr. Van B-Q. Do you know his general char
acter for integrity and morality
MrSandford objected-the Court said it was mad
miesible-as TO extenvaton mitig alton OF assault
and battery chara cter cannot be TAX into account
Mr.. Van b. said he offered 1t, as Mr.. WIS standing
had been referred to in opening 1t was overruled
Joseph psoenda sworn@Resiae al No 10
the difficulty entered the gate opposite West Wash.
ington. place, when first saw Mr.. +. and MI W.;
they were standing together was walking along,
paying particular attention. and accidentally ass
my eye and saw them standing together they were
standing facing each other next saw they were
lighting as thought was walking in the center
path parallel with Fourth st., north and west OF the
parties I suppose when first sd " them was dis.
liant from them about fifty yards did not notice what
they did when first saw them-there was not at
traction enough; saw them what supposed lighting
after had gone four five steps further, and ran
up Mr.. Forrest had then his hands in his coat,
fumbling for something, and took out whip, two
and half or three feet long, and struck the nah thas
lay on the ground two or three times with 1t, per-
haps more no one nterfered till the Policeman
came up, which was two or three minutes; do nos
recollect exactly the position OF Nh Willis on the
ground cid not go to the Police Office with them ;
was anxious to get home, as was tired; l am
mason BY trade.
Cross-cramined- Did not notice any blows struck
till Mr. Forrest got the whip out DO not know
Mr.. Dougherty except seeing him in Court did not
know Mr. Stevens-nOT either OF the parties, except
seeing Mr.. Forrest on the stage; when supposed
the other partly over him, hold Of him took my
eye of them after first seeing them standing
and then glancins that way again saw them wha'
BIZ Mr.. Ven b." Mr. Forrest, whom distinguished
as having dark clothes and Mr.. Willis lighter, was
fuIthest frem me saw his features when ! won!
up, there were eight or ten tncre. and MP. fonet
said " Gentlemen, that is Mr. Wills ), no said-oo-
jec,ed to. or,, ,s,s,s,,
Mr. Sanford moved that what was stated by one
of the nrst witnesses TO what was said BY defend
ant at the time Of the difficulty, be struck out
The Court refused to strike out, but said intlma'
ton could be made in regard to IL TO the Jury
MT SANFORD then called Geo. w. McFadden and
one or two other witnesses but they did not answer
He wished to produce Mr.. Bishop, 10 show what
order had been given as to the making OF tno sut.a
perchs whip but the Court thought 1t was not neces'
saIy i'd. n, Van
Buren, offered to submit the case without summing
I'D but the proposition was not acceded to, and MI
Van B. commenced summing up for defense.
Mr.. Van B. contended that there had been no con-
ceament of the person of Mr.. Forrest, or Inas the
tended. as stated by MIR Dousherty, and confirmed,
he insisted, by one or two Others of tho witnesses
that Mr.. f. gave notice 10 Mr. w. before the attack
also that there was pIovocaon, and COMMENCED 'ha'
/ II was not case for heavy damages.
Mr. Jordan then summed up for plaintiff he re-
ferIed 10 the nature OF the assault, which he con-
fenced was from behind and that Mr. f hsd con
cesled himself, like savage, lying In wait ior MI
| w, then assaulting him In the manner he did-hFs
knocking him down and then beating him With an
! instrument which be had caused to be made for the
purpose two weeks before and had carried with aim
Tor The purpose of assaultng Mr.. w. Mr.. referred
TO the high char setter Of MI Willis whose writings
are read wherever the English language Is known OIL
translated, his respe ctabiiity OF coDneclon, &c.
| Mr. J. alluded to the course pursued by defsndan,
| toward his wife the charges made oy MIN agains
| her, which were proved to be untrue thas oefeno
ant, while charging his wife IN relation 10 Jameson
was al the same tine passing days and hours hmsel
at a house OF prostitution As 10 the alleged puol
cation, Mr. Willis, as he had night TO DO after the
course pursued by defendant toward his vile, anc
had az That time abandoned her, thought proper 10
| sneak In favor OF that wife, stranger as she was
| among US, and for this defendant claimed the rghs
IN she cowardy and ruthless mar ner ne dd TO KNOCK
| down ard beat the conductor of paper who chose
| thu los yindicste spersecu,ed woman Mr. alluded
TO the great wealth OF oefeldant-weatn not gained
by the toll of business but easily procured. MI Wills
belongs 10 that class IN life which IS neither men mol
poor but soul, without money, Mr.. SAID Is BET
| ter than money without a soul Whatever yeraicl
tie Jury may give Mr. J. SAID, Mr.. Willis will never
touch collar of Forests money beyond tnat OF pay
ng his counsel There charities IN tns City VINO
may accept it. Mr. Willis felt Cue to himself TO ais
family, and The public, to punish the outrage whicn
has been perpetraed IN res ard 70 him. MI j. mace
powerful appeal TO the Jary slludlng 10 'ae van.
stances, was Unprecedented, and one which affects
every man ID the community. Ii is case which has
excited deep interest everywheI and II Is ioI ,no
jury, by their verdict, 10 SHOW TO the world tnelr
appreciation of so brutal an attack. lie commended
that it was a case for most exsnplary damages
The Court, in Its charge, stated TO the Jury that
on them rests the responsibility 10 render sucn YER
dict as will be just TO the parties to themselves I'M
der their oa,hE and to the conamunity The Jufy
must oiuegard al statements ana conslnelauohs
other than hose shown BY the evidence fne Court
has excluded all testimony as 20 alleged Intimacy
between plaintiff and detencsnt's ~ie, and also as
TO any publication, and II have erred me
can gel rev thai, IN which ne eau orsr proof
Evidence can De allowed IN assault and BAKERY 70
show il there was az The time, provocauon-nos 20
Justify, but to pSliate The assault OUT where tnie
nas been allowed for the passions 10 cool such tesL-
mony cannot be taken into account The party, Ia
that csse he has been wrenged. must appeal TO the
law. In this view, the observations sworn 10 BY
Mrs HeIrick as having been msds NJ the time by de-
PENDANT are not to be taken as evldesce that the
charge he then made was true.
The whole question is as to the amount OF dam
ages which should De awarded There Is no douo.
but there should be scare damages, as Is not de-