The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-08

- NV portion Of the dificuisy. Hs wa ssandl.r
Oh Czsy street. and heard loud words; saw partles
c urIDg Mwasd tie corner; heard pist, shot, Sat
could NOS see whence It came, ON account 81 the
two hod q T Ss as asa He saw Bate@.a VIZ
upon some one. He next saw Batemas behind :
nand cart Poiliieg pistol to wards Mr.. Soule wao
was DOM and being held BY several men. There
Of the street which was the first oee be oouI% Io
cate and be supposed was fired at Bataman. Rata
did not return the fire, nor did he shoot st Mr.
sOule when he saw him with his pistol pointed to.
wards him.
Mr.. Hague was standing on the corner, and saw
6oule pass down the street, ON his return Batemsa
struck ct some one; Batemsn was then selzea By
some person, and pistol was drawn by small maa
Soule to take his pistol away from him. bat dia NOT
succeed; be saw Newell draw q pistol an aia u
toward Bateman; neither Of the persons with whom
S0uie was In company when Bateman attacked him,
offered any provocati0n; there was something vexY
peculiar tn the manner OF Soue and his friends
when they met Bateman-l looking at him with 1
steady and defiant gaze; witness said that no lid
wsylsy soule nor did he know positively that Bate
man intended to attack Soule, although he expected
% much from what he had heard during tae msrn-
ing; .,-s. .,,..s y.
counsel for Batemsn, rose, and after revie wing the
facts Of the case elected at the trial, suimsdeet
ed in the strongest terms upon the Of the
provocation which had forced his client int, this
difHculty gross insult had been offered to bis vifs
in public print, and it was the duty Of the defendan1
In accordance with the VOW which he had sakea q
the marriage altar TO protect her and aveage auoh
preferred sgsinst her II he had acted otherwise
mis- pame would deserve to have been stricken frem
the roll Of men, and would be totally unfit to assume
tho relation Of husband, father, or man. He I'D
mail AL
sault, but thought that he stood justified.
Col Baker, In behalf Of the defence, discussed ~
law Of the case, and after brief review Of the fac
closed With an eloquent appeal In behalf Il
The court informed the counsel that he vsdi
not dispose Of the case until Thursday morning.
The case Of Mr.. Soule was then called mp and ~
missed BY tho court, who remarked that 10 tho evi
depce which had been given, the Q nothing -
show that Mr.. Soule had been guilty Of an assault
EOn the eth of July, the Recoader having held tns
testimony under advisemens, proceeded 10 deliver
his opinion as follows:--
Mr.. Bateman, you are charged with making -
assault with deadly weapons. The statute says:--
"An assault with deadly weapon, instruments. or
other thing, with intent to infict up0n tie porsan
Of another bodily injury, where no considerable pre-
vocation apI ears there the circumstances OF she
assault show an abandoned and malignant heart,
shall subject the offender to imprisonment iats
State prison not exceeding two years, or to o aos
not eediHg 50 600, or 10 both such fine and i'm
piisoDment. Ire que :tion is whether you car be
charged under the statute. In o. der - determine
it, will 30 necessary 70 rsyie the evidence IL 10
case. You were on the street for the purpose Of
attacking Mr. Soule, and information to that sffet
via sent him by his friends. He appeared % the
street, and passed by You uDmoles,ed two or three
times. The third time you attacked him. and pis-
tolls were drawn. The testimony shows that Nswsl
and Soule first drew pistols, and that NewsN
was the first one who fred You drew pistol ~
soon possible but did not fire until after Jon was
souIe OF Newell It il hardly possible that you would
fire at 6oule, because he was surrounded BY your
friends, and you stood as much chance Of woundAnG
or killing one Of them as you did Souie. The prose
cution may be mistaken In saying that you fired =
Soule and think that the testimony shows that yea
fired ct Newell Wilson then attempted to disarm
you, and You turned upon him. You were wrongin
It with your hand, not with pistol. and whom
third party attacked you with deadly weapons yea
had q right to defend yourself. When you fired q
Newell and Wilson, you weie much excited, aAA -
danger. II Newell had not drawn pstol. soas
would have been used, and it Is upon him, therefore,
that the burden Of responsibility In this case mainly
rests In making tho original assault you were nos
without provocation; and il Was much increased ~
The feeling which the article published ia the Chrss
Gle must have produced. Considering that you wrfs
acting under grst Excitement, and that pistol
The Court Of Sessions. The assault. upon Souis :
admitted, but it cannot be denied that it was doee
Dndtr great pr0yocati0n. The tone Of tho srN -
which was pubIished In the Chronicle il mucA 70 b
esretted, and think 1t eCough to excite any taaa
fcourake, or even coward, to fight 1t Is ~orns
han On attack In mere words, and still worse on
he fact that will be ead not only here bas every
whtre. But notwithstanding all this, have duty
H rform under the law, and although may taink
he provocation very great must fLe You heavily
You nndest took TO revenge yourself on tho publto
thorougbfaie ., aEd in manner that must certainly
Rave brought about the use Of dadly weapon. In
pocent parties, women aud children, on the streeAs
might have been killed, and it ia only wonder
that some persons were not injured. II every taan
bad such 9 right. no one would be safe = passing
along our streets From all the crcSsU oces, u
becomes me to make an example of -, ID wfA
therefore fine yon 5000 i think the provocasica
Was very great one, and ] with It distinctly IN
derstood that fne him so heavily because he mad
the attack, and caused the use Of lire arns In .
pSpaious portion Of the town, whereby innocent par
ties may have suffered.
miscellaneous Items.
LAND DIsPUrB-SHoorlNG.-Mr Peter Yeagsr.
Of the proprietor Of the Fronkln Bro very, near
the Fo;t, shot about o'cot last evening. By
Joung man named Chas. Watson. Weare into mfd
that Mr.. Teager owns piece Of land about one hun
dred yards southeast Of the Fort, which Is claimed
by two men named SteeTns and Brown. Undsr tAe
direction Of the latter, Watson and two other men.
yesterday to fence in the disputed property. WhiB
90 engaged the Yeagers, father and son. went Oys9
toexpostuiate. conversation ensusd, during whioh,
as alleged by them, the father accidentally tore o.
one q the boeyds OF the fence In atteupt to hold
his horse. Wst<on. who asserts that the Yeagsn
were engaged In tearing down the fence, Immediate
ly dis hsrRed one load Of his revolver at the father
without Effect, and another at The son. with the abo%s
Yeeult. DR.. Logan informs that the ball enteUd Tho
left Of the lumbar vertebrse to the 6eph
Of about three inches. The wound ia not considered
dangerous Watson, Ogden and Marion were sob
sequeDty arrested By the police, and confued 70 The
city prison. The wounded man was bF0ugLt to tSWa
and conveyed to the HospitA--S0cyo1ssnte V~isss
Jugs.
AcQurrrRp.-Most Of our readers win remember
tire circumstsnce Of John McCowan stabbing Capt
Alex. Matthews, with chisel on board the clip
Lord Duhsrin, while lying in the harboe few weeks
since Some words had passed between Mc0owan,