The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-02

Asseutt on Judge Phillips OF the Marine
Coust-Mosi Extraordinary Scene IN Court
and I'm tho Fark-Proiouwa Sensation
Complaint OF Lawyer schssher against
LAwye or BustoeA.
MARINE COURT.
Before Judge Phillips
JUNE 1-TEis being the day set down for the counsel
In the Of johnson Burrows to show cause Why
they should not be committed for contempt Of court for
having on Thursday engaged in personal encounter
which resulted in the arrest OF both g. snemen of the
law, the court crowded almost suoca tion
by highly excited audience eager TO know nov tho
would be disposed Of at the hands Of the Court
Foreigners and Know Nothngs were not scarce by any
means.
At 10 O'Clock Judge Phillips assembled the BENCH bear
ing evident marks Of bad treatment ones hands,
and looking pale and weak Silence in the court
having been effected he spoke the jury empanelled in
the cause follows -
eentlemen of the jury-You dscha -ged until to-
morrow morning, and my for doing 40 is, that
was attacked this morning by rufans at the
ner OF Broome ana Crosby streets and severely beat
en-, while WIS coming down here to discharge my or
cal duty. (Great excitement) During last night while
Twas III in bed three or four persons came TO my house
twice inquirDg for and endeavoring to obtain ad
missicn and sent word up to my the second time
the, there, that named Muligan in the
Tombs a charge of having severely injured female
and that they wanted to down procure his
release. however WIS too sick to attend than. From
the description given to Of these persons who called
at my house. am almost certain they are these men
who in cowardly attacked me this morning.
Mr.. Busteed then rose and, amidst great excitement
and confusion sad-After had retired to bed last
night sCmc persons came to my house and claimed ad
mittance saying that they came professional busi
of portance that required to them imme
diately One of those who called said to the at
door that his johnson, which Is the name Of
the plaintiff in this case and in whose behalf pro-
scouting the defendant. refused to let them In. Upon
speaking with persons cognant Of the attack made upon
your Honor, ana the visit made at your house by
persons endeavorng TO obtain admittance learn that
they bear the description and have doubt but
what they the persons who cndeavored to get
into my house last night (Great sen,ation.)
Mr.. schader then and said-Iast night some per-
tried to get into my house by the back windows.
drew revolver and fred them at least their
heads, and thereupon they ''put." What they were
after do not know, but received communication
Tuesday morning. dated Newark, stating that 1t WAS
ranged between the Judge and the opposite counsel In
tie bring into disgrace and bad odor with
the church of which am member.
Here the crowd in the court began to be some
what excited and noisy, much that Judge Mccarthy
said-
Gentlemen consequence Of this disgraceful occur
and the great excitement now regning in the
room declare 1t advisable to adjourn the court
until ten O'Clock to morning All will,
therefore, stand adjourned until that time.
The crowd then left the and Judge Phillips
entered the Clerks Office where he related the clrcum
OF the assault committed him that morning to
his friends present, as folo~s:-
On Thursday afternoon. Jud,e Phillips went home and
taken with attack Of illness that he is subject TO,
and suffered from eonyusiop until aboat IL O'Clock at
night About II O'clock three persons called and in
quired for the Judge, and told he suffering
from the attack OF convulsions and laying on his bel
They inquired If any friends we're with him. tho reply
twas and they we're awaiting for the physcian, and
party at the door re Piled soh no. we-are not exactly
physicians. We want him TO go to the rombs to see
Young man named Muligan who has been arrested for
injuring female" On being told that they could not
the Judge the party left and returned at A. NJ,
making similar inquiries and the reply was "that the
Judge was not up, and too unweil anybody,
but would be told their business he could bear
the excitement" At A. NJ the Judge went to Dr.
Cranes the of Broome and Crosby streets;
spoke to the Doctor for ten fifteen minues then
left the Doctor and had cd about twenty feet
toward Broadway, when the Judge saw six men stand
ing the of stoop and he approached thcm
of the walked towards the Judge with his face
partially turned from him in the middle OF the side walk,
and backed up against the Judge so that the two came
what do you mean by running against meY The Jude
replied .'You took the middle Of the walk aud could
not avoid it.n Tie Judge then passing towards
Broadway, when this man struck him heavy blow on
the left check bone which knocked him to his knees
before the Judge could his feet the other Ave
rushed and kicked him about the head and body
TO very extent and incting about dozen con-
tusons and bruises Of which his apparel bore ample
evence the Judge seized Of them who wore cap,
and struck him, but was knocked down again BY the
other the rescued four Of the attacking party
then up Crosby street. and two In the direction
of Grand street. Capt Underhill, who keeps store in
Broomc street. TO the assistance OF the Judge and
took him his residence Capt Kenner, Of the Four.
teenth Ward Police, then applied to- and escorted
the Judge to the court room in the Park
lie looked very sick, indeed and was cut in several
places about the face and stated that his body black
and blue from the hicks he received from his assaiants
that morning