The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-03

The Late Diasculty between Lawyers schnfrer
and Busteed - Trial OF the Delinquents-
july ment Of the Court.
Marine COURT.
Before Jud &c Phillips.
JrM 2-The Court resumed its sitting to-day in the
OF Chsuncey S,haaer and Richard Busted, under
arrest for contempt Of Court havin Thursday
gagged In personal encounter before the Court and Ju
~ empannelled In the case In which they ,ting
~ counsel for the plaintiff and defendant In the action
The court room and passages leading to densey
crowded with spectators aud required all the efforts Of
the strong police force In attendance to preserve order
Indeed seemed as II all the lawyers in the city and Its
environs we're present. for such brilliant
array of legal talent on any former occasion.
The Court being opened at 10 O'Clock the belgerent
parties aone with their friends made their appearance
and order having been preserved
Mr.. Sohaffer rose and said that as Mr.. Busted
counsel for the plaintiff he ought to read his aidavts
first, to give him (schafer) opportunity Of re-
plying.
Judge Phps-Hsve you any an,davits to present, Mr..
Busted
Mr. Busteed-I have, your Honor. Mr. York, mem
Der of the New York bar has Of adavits in his
possession, and awaiting him.
Judge Phillps-Let q messenger be sent after Mr..
York.
Mr.. schaher-Before read the anidavits which have
in my possession, deem my duty to purge myself Of
any connection with the assault made upon your Honor
and intimsted in the public prints. now say that had
no connection with oonnvance In the gross assault
committed on your person. willing to state this on
my OATH
Mr. Phinips-I imputed the attack made upon me yes
terday to no person or party That it was committed
no one will deny but who the aggressors know
not That have imputed the assault to Mr. Schafer
agency is wholly untrue and without foundation.
Mr Scbaer-As the time of the Court is precious al.
though would Ike hear the adavts OF my adver-
cary first will read mine. Mr. Schaer then proceeded
to read the affidavit of Mr. Burpel which went on to
state that while the cause was going on, Tuesday,
Mr. Busted called Schafer ass, liar thief and op
probrous epthets in under Tone but loud enough
struck Schaffer In the back and stomach before any
breach Of the peace had been committed that Schaer
TO the dignity Of the Court much
as possble that he kept his temper under the
raeeous circumstances and that deponent aston
ished the Court did not commit Buseed he alone was
In his judgment the offender.
Mr.. schafer then read his affidavit, which simply
stated that the evidence Of Mr.. Burnell true in
every Particular that Busted nsuted Opponents client
than once; that Schaer when struck by Mr. Bus
teed rst did not strike him back but the contrary,
careful Of his retaining his good character he held the
sad busted by the arms or wrists so that he might not
The affidavit of Walter Mcdonald, student at law,
evidence and stating that all the facts contained therein
TO his knowledge true and concluding by cay
ing that the witness was in ntary that
language
John W. Hardman's affidavit was then read, which
went on to state that he had heard the affidavit of Mr.
Burnel, and that it to his knowledge true.
joint affidavit Of w. 8. Keyser, James Green aud
Henry Evans then read which simply
the first affidavit and the facts contained therein.
Cooboratng afhdavits OF Joseph Hughes and Charles
f. Watts were then read.
affidavit of his for the purpose of refutng any evil
dence that might be brought relative his uterng
He then read the document the latter part which
reserved for the ears OF the Court itself
Judge Phillips then took tho affidavit and the clause
intended for his perusal alone.
Mr. Busted then rose and said-I had supposed, sir,
and still Of the opinion, that under all the crcum-
stances finding myself placed in such an DO
siton is not place to defend myself for any wrong
actions that may have been committed by me- by any
written evidence of With that view of the case
may please your Honor will proceed to read fiji
Wits which, trust, will entirely from me any
suspicion of completely in the matter before YOU
read the part of Mr. Schae to be in the wrong us
tice requires that before present afdavits should
be sworn in open court that the statements will make
shall be the truth the whole truth and nothing but the
truth. And proceeding upon the principle which con-
ceye to be the doctrine most proper, will make
my declaration under oath. / make my statement in
this way that may have the flavor and sanctty of
oath
Mr.. schaner-Tor my protection as well as the cause
OF justice, object to the genteman's making such
verbal declaration suppose 1t would be most proper
to reduce all that declared under oath to writing
IL
may be indicted for the same. If / make an untrue
statement want to be tried for perjury. Therefore
your Honor must the necessity OF having all the evil
Judge Phlips-I would like your statement Mr.. Bus.
teed, reduced to writing, that it may be placed on
file That r. no doubt the proper way of proceeding in
Mr.. Busteed-what intend to say, and which will be
reported verbatim by these gentlemen on my left,
mean to subscribe my name to. Previous however, to
my rem arks, would like to have Mr. johnson admitted
for the purpose Of rebuttng the evidence Of the client
Mr.. johnson then admitted, and his affidavit re-
butting that Of Mr. Burnell was read.
Mr. Busteed-Understandng If the Court please that
after have read certain statements may seem pro-
per shall DO allowed to make verbal declaration,
winch, when written out shall subscribe my to,
] will now proceed to read affidavit Of James +.
Mahop, which ! hold in my hand, for the purpose Of
showing that the assault committed first by Mr..
chaher and not by me- as he would make all believe to
The affidavit of James F. Mahon rebuting the testi-
mony Of the witness for Mr.. schaiIer then read;
also one from Thomas Kearns, Thomas Randall James
Desmond and Patrick White, which went on to state
that Mr. Schafer called Mr.. Busted very opp.obrious
plats OUT that ooeenlng his hold he coared him and
struck him and this occurrence took place without any
propagation W on the part Of Mr. Busted.
All the afRdavts having been read, Mr. Busted was
duly sworn for the purpose OF making long statement
under OATH and was about to make his declaration,
when
Mr.. schafer, in audible tone, said that No man
should make presents until he able to pay his debts
Mr. Busteed-l hope will not be interrupted by any
| making my declaration.
The Court assured him that order would be preserved
MT Busteed then proceeded to make his declaration,
in which he positively denied the state mems made BY
Mr. schafer's witnesses that he was constantly in
suited, and grossly too, by said Schafer that not
wishing to disturb the court or disgrace himself,
| he forebore to punish the offender on the
spot that when the said Schafer called HIM cat and
saic to his repeated thtreAes to be quiet D-n you
WON'T" besides using other opprobrious and profane
angua he Schafer did all he could to provoke quar-
rel ousHe Busted would not be provoked considering
aercatn coming to blows and as to Busteed's pay.
ing his debts that matter suitable for the
casion but he would that he told Schaer had
rendered him and his partner professional service
to send in his bill and he would pay it. whercupon the
said schafer said, "Pshaw pshaw; don't want your
bill, and don't want anything" that Busted did not
say anything the trial TO said Schafer from per-
sonai III wil and as the deponent good and in
innate terms with the Court, he did all In his power to
forbore from Furnishing him, he would surely have
DONE had the affair happened anywhere else but having