The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-04

suppose he vent up there; he night have vAiked
knees durnspars Of the time 1osrsss vas sarikiss
dsrs somewhere IVES just so.ss koasso ny bo.sdias
was then in Hamerslsy street, q the tine Of shs com
Increment Of the affair, wss below the gate OF IL
near mo tina. tool particular notice a. .hsrs Ssr. $50
others with MI Forrest at the time; vhsn ntst 49,
MI Forrest be was in the path next 10 the Fourth street
was; very little, however; know that Mr. Yonest
watching Mr.. Wills because saw him loohine over
mus. through the r.s
gel and Fourth streets and going towards the
Fifth avenue; he was between fifteen and twenty yards
long Mr. Forrest looking In the direction OF Mr..
Wilie-l suppose minute 90, while him look
any Of the tims Mr. Willis and Mr. Forrest were mot in
the same path when hrst them; MI Forrest in
the path nearest the Fourth street fence and MI Willis
Mr. Willis had parsed Mr. Forrest before he started after
MT wins he was little bit past; Forrest was not far
from the Macsougal street fence whom he srsok willis
hut ccnnot say exactly how far when Forrest had
Willis by the collar be right front Of him. by the
head MT. Willis was not doing anything, but
far a. could see, Mr.. Forrest was holding
hr Willis down to bsa. him; this is the second time
also made an affdavit don't knew what time II was it
was at Polcemsns house. and ct tho request Of the
policeman; the pohcsman's name 10 wlis he Is not
relation to plaintiff; statement affidavit taken
down by the wife Of the Psoemsn he could not write
court snd swore to III hr. Forrest knocked down Mr..
Willis with his Est dent know that before have
had on Mr. Wins nv snsd JOHN sN coc i
Taken subscribed, and sworn TO- this 9Th day Of
June, 1881, before me-. (signed) rH0S. J. OAKLEY.
Francis Aaranguren deposed-I live Amity street;
native Of this oity reside about three blocks from
Washington fqusre; in the square the evening
Of the 18th June, $780, when noticed as affair; Was
running the 60 with Louis GuiligeV
the path towards Macdougal street when gentle.
man on the path, on his hand. and knees and another
one beating him with owhide, think; nothing in
tenupted the beating until the police came.
Crossexamned Tho person who was on his hands
and knees wa. facing towards University place. the ono
who striking him facing towards Fourth stree
on the north of him; heard Mr. Willis cry, take him,
of - heard him say it twice OF three times; did not
/. bench about twenty yards from me- went up 70 Mr.
Willis and dir Forrest before the police came; did not
yard. ire them; noticed Mr. Wills hands were on
the ground went with them to the police office; he
left before did; know Mr. Willis; did net know him
before this occurred he has been to house to
tain what knew about this he Game about
week two after; made statement to him; he did
not write It down. saw him afterwards at his house,
went there to learn when the cause was come on
saw him; did not converge with him then about this
case.
Q-Whep was the trial to come Off
Al don't know it has been coming of 90 often.
Mr. Van Buren-It came CT partly once. Now We have
witness continued-l have not been at Mr.. Wils's
since he has not been to me- am sixteen years Of
age now. (Which Of you won the race? Awe
To Mr. ssndord..I did not persons named Stevens
and Dougherty have them here at the last trial
Mr. Van Bursn There ie one or them would wish
to see here now, very much
Witn.ss thinks the gentleman sitting third next the
William Fullerton deposed that he keeps small gro
Gerry store now; in June, 1850, l dealing in
dictionary and fruit; was in Warrington square
June. 1850, sitting On beech, saw person up
behind another, and knock him down, and then beat
him with stick or COW hide; observed It to be brown
cane did not leave my bench before the police tho
police standing at the hydrant and called them
Crofs examined.-I had apples in basket and candy
board
Mr. Van Blu, en- That's what you cali fru. and confec
tioraYy. daughter
Witness-I turned round aud saw the blow struck;
struck blow before saw him but the knock
ed him down; the man that struck nearest to
me- be was sideways from me on the path. Diagram
produced and witness described the position OF the par
ties crowd collected when the police came; there
ives not what would call crowd before they arrived
the police came Immediately. Q-Was the back the
front Of Mr. Willis' head towards you? Ale was on
the ground and should shy the top Of his head
wssto~.rds me (Laughterl (Which way was his
was OF HE apds and knees Qaughter); did not
NJ WIN, do anytbing did not hear either party say
anything; 1fsw the boys that there; did not
the defer cant b'bind tree they did not pass
When they went cut 10 the police Office; what Nj
btys called a cowbiip don't know what It m ade
OF. raw MIR Forrest have hold Of him by the at
the back OF the neck the blow knocked hin on his
Doctor Louis Warner depcsed 1 re.de at 30 Lsfay-
cite place; au physician; Dr. +. Gray my part
least three years heard Of the OF sray
between Mr.. Forrest ard Mr. Willis.
what was the general state Of Mr.. Wills health
Mr. San Buren, objected to the testimony.
The gourt said It might have bearing as to the in
jury. Admitted. Exception taken
Wiiness continued-Mr. Willis was In delicate state
from various causes but was very much debitated from
sonvaissesnt state; he suffered from the rheumatism
for about year; examined his person within three
days after the occurrence very likely It was the next
biz shoulder blade and large swelling at the back Of
the neck about three inches 10 diameter it rather
found il ~ss tnotsed With ,1s s the M rat ions
we've ct right angles across the back also observed
diicolerstops on the right arm; do not know that
Observed them both arms; examined the fore part
Of his person but could perceive nothing in the way Of
= marx or bruise Of any kind; I believe there vas
aDythipgof IT. was Like the scratch Of pin; the dis
celorstons were the most numerous on the back and
Q-What has been Mr. willis's state Of health since
that.
Mr. Van Buren, objected and the Court sustained the
objection unless they could show that it was the resu
OF this assault
Mr. sanford excepted to the ruling
Cress examined-I do not recolect what medicine I
gave Mr. willis in the month OF June; have no doubt
gave BIN come medicine; really cannot say whether
he was about his ordinary occupaton be was at rrcgu
parties during that month; was in the habit Of meet
Ing him In the street, think the skin not broken
him anywhere except the mark on the forehesd did
not give him any internal msdone at that time; sd
,is.d external epplca.ions-I adyied arnicha to bs
rubbed Q.-What lie that. Alt Is q plant. / did
give him sp, thing ese advised repose account
OF bis general health and the effect that that mgst have
en- bis general health; was examined in this be-
fore; was asked il pre,cribed aNy internal medi-
cine must have said frequently in the habit Of
calling at the house, and don't recollect being sent
FIR on this oocafionj | was talking TO Mrs. Willis
when be cane In, and asked TO cok at him; IL be-
tween III afd2 O'Clock in the morning, pseiu ne Mr.
Willis came from another room; be had his dressing
gown on; can't say that va. rent for in references 10
tLs rati,r; Ssf in the habit II going there without
hirg sent for; askd him to let look AZ him and
vslkfc up 70 be where he stripped to his waist
Re nriPped for about five minutes; ] DON. know
whether rad before he was stripped twenty minutes
night have been ten rninues he had net brought his
tu NJ lat time, 70 my knoyesse; did not know that
We 10 be witness; don't remember having
ttfifrd and exam ined him befro; did MT examine
his b. below the waist the dsoolorsons did no.
tfpd down quite a. he wasspped thay extended