The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-22
Marine Court,
Marine Court.
ACTION AGAINST A WOMAN FOR AssAULTIS6 A
MANA SUNDAY MORNING DRINK.

ACTION AGAINST A WOMAN FOR AssAULTISG A
MANA SUNDAY MORNING DRINK.
Before Hon. Judge Birdsal
Patrick Quinn rs. John Braay and Mary Anne hi
e-Ihe plaintiff in this brings his action tor as
sault and battery, committed him by Mrs. Brady
sunday 24h Of June at drinking shop corner of State
and whitehall streets The plaintiff alleges that on that
day he standing at the bar of the saloon when Mrs
b. in, aud assaulted Lin with 'lemon squeezer
She held him by the hair Of the head whilst she beaborcd
him until the blood flowed freely from his wounds and
saturated his shirt and vest The Of the assault,
lie unable to surise except that he supposed
the result OF yenomous feeling Of long existence
Benjamin Shepard examined by Mr.. Busted for
plaintiff deposed that the defendants reside at No state
street where they keep hotel and barroom witness
standing on the sidewalk the morning in question,
when Brady out Mrs. b out afterwards and
called her husband he went towards her and Quinn
called Brady back and asked him TO take drinK Brady
made some reply, 10 which Quinn reioined in very
delicate terms, and in presence of Mrs. Brady; Mrs
Brady said she would not stand this any longer Quinn
walked away, and went into Vests saloon, where she
followed him, and assaulted himpwith weapon.
Cross.examined BY Mr.. Holmes part OF defendants
Could not say that he heard Quinn use violent indie
cen. language towards Mrs Brady witness of
the existence Of unknd feelings between Mrs Brady and
plaintiff: witness believes that Quinns bad tongue was
the cause of that i'll feeling
The defence that Quinn who, IL Is said Is a Cali
forna runner had taken liberties with the fair fame of
Mrs. Brady, and in the habit Of coming into her
store day after day, and annoying her with insulting
language. Other witnesses deposed to the melee and
In her hair and he had hfs finger in her mouth She
ttied out and they separated.
Judge Brdsa in charging the jury sad:-In this case
have nothing 80 do with the facts; such left will,
you for you to pass upon. Comment then, on my part
Is unnecessary The action Is for assault and battery
he commission Of the act Is not denied The plaintiff
then "a entitled TO a verdict but in what amount Shall
II be $500 or Ga centsS II is for you to say But in
estimating the damages, however, you are to take
OF the astault the beating provoked one sought
and brought about by the acts OF Quinn II should have
great weight With you In settling the amount OF damages.
But in an action OF this kind matter provocaton han
tenng long before the assault that there has besu
iie for reflection and for the passions to cool cannot be
taken into consideration by you in of the
damages II Is otherwise where the provocaion and the
assault simultaneous Therefore, gentlemen was this
difficulty brought about or produced by simultane-
Gus provocaton the part of the PLAINTIFF II So You
would be warranted in rendering verdict of nominal
damages.
The jury gave a verdict for plaintiff Of $500 Counsel
for plaintiff obsined ten days to make for general
term.