The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-08
Trial OF VIVA. w. Walk, Member OF Csngress
Elect, for Assault and Battery.
From the Post

Elect, for Assault and Battery.
QUEENS COUNTY SESSIONS. HAMPSTEAD, JUNE s.
Before Morris Fosdick, County Judge Geo. h Horse
asS and !! R. Morris Justices Of {, Sessions ,-,
the First district for assault and battery the person
Of Mrs. Mary Penfoid, commenced at the Court
during the day by friends OF both parties and other in
terested in the suit The prosecution conducted BY
J. smith j. G. Henderson and ]. W. Nye, counsel for
defendant. The jury were enpanened.
Attorney. who briefly explained the circumstances Of
the case. The assault alleged to consist In the
des ndants kissing Mrs. Penfod without her knowledge
consent Inc parties were both in court, and were
the objects of general attention. Mrs Penfold, at
tractve lacy Of about years. was 40
compaDied by her husband The legislative Lothario
DIR. Walk, who member Of Congress elect, and lead
ing ply stefan In the town of Flushing Ii dne looking
ngs and does not look like person cautioned to
his salutations resented by his fair patients He has
bish. bold Forehead, rather hsnasoms features ana
not to ray elegantly dressed 1t his weakness, like
Bron to hate his nsshber and to love his neghbors
The first witnss for the prosecution was Henry Allen
boy in the employ ment of Mr.. Penfold His evidence
merely prove the fact OF Dr. Walks visit to
house. at the time and In the set forth in the
Indictment His statements clssr and to the point
ard appesred TO be sufficiently conclusive.
Mary Penold the fair sufferer, next calsd to the
stand and being sworn, deposed as followsl live in
banc q store the Of Lawreoce Bridge
street. knos DR.. Walk slightly rim on the 18TH Of
Dec mber lsst he came to my house between twelve
Lawrence street; was In the house bu myself;
when he in the outside door open heard no
knock noise in the front room was the fret nsmat
received OF any having entered; when came into
the room saw DR. Walk standing there askei him his
business; his said Oh, nothing' in Indifferent
manner; sat down on the sofa; as sat down, came
up to me, and took hold OF my shoulders with both
hands and Kissed me- tried 20 get up then and ne sept
l then got away from him. and vas going out OF
doors he again caught hold Of me, when caught up
ruaA nfr. nlA hA nat
go away would alarm the neighbors; got away from
him then and as was soiog oa. he caught ms by the
Dress and pulled me back into the froat room; got
away from him agsin and out into the hail where
he followed me- told him Isaould tell my husband and
would never come there again he then left ami went
out OF the house; when told him would alarm shs
the shop, but in the billiard room he said he had
lef. him there; told my husband when h. came home
to dinner. Cross examined byJ. W Nye, Esq IL am
twenty of age have been married eight
Mr. p ia tobscconst; mases and sells segars; have
been in the habit Of attending the shop generally in the
evening; my husband oat almost every evening
hrst met Or Walk two years sgo he my mo theirs
family doctor; saw him frequently; he visited my mo
her 70 last December ne ast'ndsa my sister TN sne
since last HIN; he had called at my house but
twice the first time to husband aod the second
to extract TOOTH these the only occasons went
to Office to have tooth extr acted year sgo at
Of these interviews did anything. occur which was
ce cen my husband came home to dinner at
ons O'Clock the occurrence took place at half
came
down ana it was qusrter past twelve; ne cid not In
qure after my health; knew there had been some dis
agreement between husband and the doctor but did
not understand the nature OF it. IT whie they
both trustees Of thu village did not receive the doctor
as usually receive my friends; the reason vas be.
soon as spoke; be came right up to me and put his
hands on my shoulders, nothing was sald before he
cay -hich cheek it wac; he told to sit sdl told
MN 20 to get out Of the house nothing else
m
seonideIs psd ON niss dress he in front Of me-
pushed down the sofa; reached for the broom
no said "sit sti he spoke quite loud knocked his
ran out Of the door he hold o. INV dress Nv tss
skirts brose from him and got out the stoop,
snd ne FOLLOWED me; he said If would tell my hus
about ten minutes; the bisrd 10 over tbs bar.
room in the Pavilion, which opposite our house; did
intenced el ing Dr. Walk when tbs Doctor visited ms
professionally my husband was always in the house and
The prosecution rested here and the court adjourned
The court opened tai. morning "Wednesday mornng,
june eth) at nine O'CLOCK and noeousS attended,
although not 10 crowded az YESTERDAY. Mr and Mus.
Penfold not present The defendant pied his
usual place. G Lamberson opsced for the defence,
and introduced Mr. Ecgsr Girls cid He said IL re-
side in Flushioe have Hvei there over six years.
have known Mr. Penfod by sight many ara Just pre-
vous 10 toe renee Mrs Penfod maze . e0mewnat
similar accusation against me- harag falsely accused
me Of insulting h.r la tie street (rhts point was OBJ
eS,ea 70 a Wi.s exception
afterwards placed upon the witness stand but nothing
OF importance bearing upon the ELECTED. j. w.
Nye, Bsq, in his summing up, treated the suit spe
ces o. conspiracy Or. Walk and Mr. penfod having
quarrelled political Matters Penfod assaulted the
doctor and beat him severely suit then brought
by Mr. Yak aeant Penfold who ia return as it is al
legged tIumpsd this charge OF assault and battery
against the doctor justification of his attack The
counsel discoursed long and elequenty the subs,t
commt ntpg upon The discrepancies in the lady's tes
moDy, which he lkeEed to loaf of Graham bread-the
-four being his side Of the when sited AMI this
bran the other.
Vessel Smith, Esq., succeeded and the part o. the
prosecution, occupied two bours in summing up
brief charge then made by the udge jury
retired AZ TIE end o. about ve minutes they retained
with verdict of guilty Sentence wss however, sus-
pended to the ensuing term 10 order to give the counsel
for defense time 10 prepare bill OF exceptions.