The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-03
The Late Difficulty between Lawyers schnfrer
and Busted - Trial OF the Dclinquents-
july ment Of the Court.



july ment Of the Court.
MARINE QoVRy.
Before Judge Phillips
JrM 2-Ths Court resumed its sitting to-day in the
OF Chauncey S,haaer and Richard Busted, under
arrest for contempt Of Court havn Thursday
gagged In personal encounter before the Court and Ju
~ empanneiled In the case In which they a,tng
counsel for the plaintiff and defendant in the action
The c,urt room and passages leading to densey
crowded With spectators aud required all the efforts Of
the strong police force In attendance preserve order
Indeed, II seemed all the lawyers in the city and its
environs were present for never such brilliant
array of legal talent any former occasion
The Court being opened at 10 O'Clock the bellgerent
parties aonp with their friends made their appearance
and order having been preserved,
Mr.. Schafer rose and said, that Mr.. Busted was
counsel for the plaintiff, he ought to read his adavs
first so as to give him (schaher) opportunity Of
plying.
Judge Phllips-Have you any afdAvits toprssent Mr..
BusteedP
Mr. Busteed-I have, your Honor. Mr. York,
Der of the New York bar has Of my adavits in his
possession, and am awaiting him.
Judge Phlips-Let q messenger be sent after Mr..
York.
Mr. Schafer-Before read the afRdavits which have
in my possession deem II my duty to purge myself Of
and inmsted in the public prints. say that had
connection with connivance In the gross assault
committed your person. am willing to state this on
my oath.
Mr. Phillips-I imputed the attack made upon me yes
terdAy to person party. That II was committed
no one win deny; but who the aggressors know
not That have imputed the assault TO Mr. SchaHers
agency Is wholly untrue and without foundation
Mr. Scbafer-As the time of the Court is precious al
though would like to hear the afdavits OF my adver
frat Ixg Iu,na Mr chaTo~ kkarr a1aA
to read the affidavit Of Mr.. Burrell, which
state that while the cause going on Tuesday,
probrious ephets In under Tone but loud enough for
the said scbafer to hear them that the said Busteed
breach Of the peace had bsen committed that Schaer
to the dignity Of the Court much
as possibe that he kept his temper under the most out
raeeous circumstances; and that deponent aston
shed the Court did not commit Busteed as he alone was
In his judgment, the offender
Mr.. Schaffer then read his afhdavit, which simply
stated that the evidence Of Mr. Burnel true in
every Particular that Busteed nsulted deponents client
more IMAM once that Scnaher when struck by MT Bus
careful Of his retaining his good character he held the
said Busted by the arms wrists that he might not
The affidavit Of Walter Mcdonald, student at law,
was then read, being n oorroboration Of Mr. Burnes
evidence and stating that all the facts contained therein
Co his knowledge true; and concluding by say
ing that the witness in nary expec alton that
the Court would rebuke said Busted for his dsgracefu
John W. Hardman's affidavit was then read which
went on TO state that he had heard the affidavit OF Mr.
Burnen, and that it to his knowledge true
joint affidavit of w. 8. Keyser, James Green aud
Henry Evans was then read which simply corroborasd
the first AFFIDAVIT and the facts contained therein.
Coroboratng aidavits Of Joseph Hughes and Charles
f. Watts were then read.
MIR. Schaer then and said that he would read an
affidavit of his own for the purpose of refutng evil
dence that might be brought relative to his utterng
any profane language the occasion of the difficulty
he then read the document the latter part of which
reserved for the ears of the Court itself.
Judge Phillips then took tho affidavit and the clause
intended for his perusal alone.
Dir Busteed then rose and said-I had supposed, sir
and am still OF the opinion that under all the circum
snO na n myself such an po
actions thai may have been committed by me- by any
may it please your Honor, viii proceed to ada
Wits which, trust will entirely remove from any
suspicion Of completely in the matter now before you
read on the part Of Mr. schaer to be in the wrong jus
tice requires that before present afidavts, should
be sworn in open court that the statements win make
shall be the truth the whole TRUTH and nothing but the
truth And proceeding upon the principle which con-
ceive TO be the doctrine most proper will now make
my declaration under oath. mako my statement in
this way that 1t may have the flavor and sancty of an
oath
OF justice OBJECT to the gentlemans making such
verbal declaration suppose 1t would be most proper
20 ed1ce an that declared under osth TO writing 50
may be indicted Tor the same. If | make an untrue
s,a.emen. want 70 DC tiieo iof perjury. unereiore
your Honor must see the necessity Of having all the evil
dencs reduced ,1 led to writing;
aadae rnhpe-i would IKE your statement MT. BUS.
az Th. - ts 80 .naa may De palcea on
mas - no uouo', 'ne proper way oi proceedhg IN
business Mn ESQ., 2, .i's Ra,ure hi, .u -
renorted Verbatim Inv these oentsmen on NV eFt
mean TO subscribe nv name TO- Previous bowever 10
INV rem arks would like 10 have Mr. Johnson admitted
for the of rebuttinp the evidence Of the client
on the onnosite aide - : - '
Mr.. Johnson WAS tbcn admitted and hi. affidavit re
putting that of Mr. Burne was read
Mr Observation-Disclosures II the Court please that
after have read certain statsment. "a NAV seam nro
per shall DO allowed to make verbal declaration,
which, when written out shall subscribe nv name TO-
/ will now proceed to read an afadayt Of James II
Mahon, which hold In INV hand for the purpose of
showing that the assault was committed Grst by Mr.
schaer and not by me as he would make ALI believe To
be the fact
The affidavit Of James F. Mahon rebuttinp the testi.
mony Of the witness for Mr. SchaTer was then read;
also one from Thomas Kearns Thomas Randall James
Desmond and Patrick White which went on to state
that Mr. SchaGer called Mr. Busted very opp-obrous
names that he took hold Of Mr. BIS shirt and tore the
plats OUT that oosenlng his hold he coiared him and
struck him and this occurrence took Mace without
proyocation on the mart of Mr. Busteed