The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-12
The Case Of william Malligan.
10 THE lDIrOR OF THE HHRALD.


his absence from Court, the public and the following
paragraph
Beng without preparation and saisRed that there vas
q powerful osmbnaton Of Vigilance Csmmitsee mon b.
hind with ample means to give impetus to the Prosecu.
ton csnouded 70 answer 20 my name which dla 80
my presence hsd the right, and SON tho rendition OF
the verdict, do whatsoever the iaw required.
And great many persons have been disposed to
censure Judge Russell for not going on with the trial.
Notwithstanding the absence Of the prisoner, when
he had once appeared and was represented by coun-
sell reference to two reported authorities in point
will show that Judge Russell went according to the
books; and that the law is settled prisoner must
be present in felony cases when tried and may only
be absent when he expressly authorizes counsel.
In the case of the People Vs. George Wilkes, 9Th
(fth) Howard Practice Reports page 105 1t is so de-
cded In that case after having been convicted upon
an indictment, the prisoner denied the authority OF
the counsel who appeared, cross examined witnesses
and summed up the case. The Court, however, upon
motion for new trial by counsel ruled as follows,
in the exact language of the marginal text
defer can't cannot be legally tired an Indictment
for any offence in hs absence unlees be has
waived bis TO be present. and city and express
ly authorized substituted attorney to appear for
him.
The same case was again tried and the prisoner
present up to the time of the verdict Of guilty. In
the I'd volume Of Barbours Supreme Court reports,
page go, is a reference to it In these Words
From the tone charge and The rather free express
sion Of opinion the prisoner sentence
and quietly stepped OUT while his airo counsel were un
consciously pressing motion the atenou Of the
judge Wilkes escaped much to the JUDGES mort,dcsou
and domcied for time in New Jersey, and afterwards
left for Europe, when The matter died away
Yhese extracts abundantly show that Judge Rus
q twas right in not proceeding to try Mr.. Muligan
after he had stepped out. LsaALIs.
NIB. WARNER AND NIB. MULLrGAN.
THE EDITOR THE HERALD
The entire defamatory part of the notorious Billy
Muligans statement in relation to me- published on
Saturday morning, is an absolute, unmitigated
fiction There is not particle of truth in it. As
to an abuse" of the woman nothing could be
Numerically opposite to the fact Incidentally
falling in with the that night and suspecting
her to have previously committed a larceny at my
place of business trying to ascertain her name
and residence. My manner was wholly that OF kind
ness and persuasion. There was no harsh language,
no threat, no loud talking, nor the least shadow Of
personal violence. My endeavor was the exact op-
poste of all this. 1t not to coerce, but to per
suade: and, from first to last, did not say word
or do an act which could be denomnated abuse"
I" ill-trea .ment," or beating" without involv
be involved in saying that white is black
The abuse and violence of my treatment to
wards Muligan himself consisted simply in my call
ing him " a nobody" Besides this and the possible
nobody, l used no harsh language towards him,
applied epitbets to him. did not touch him or
attempt to touch him, threaten to touch him, or
even threaten him at all in any way whatever. When
he struck me stood erect with both hands hanging
down by my sides. My calling him "a nobody "
arose from the Developments he had made of himself
during the few minutes OF my presence with him
that evening l never knew him before, and even
then i cid not know him to be Billy MuIgan until
after his arrest ] said but few words to him at all
All that passed between him and me at my front
door could not have occupied two minutes. perhaps
not than one and the conversation previously,
at q point one block further down Broadway, could
not have occupied more than three to five minutes.
Instead OF his striking me with lis open hand" as
he asserts in his card he struck me with his clenched
fist, and with all his might.
The falsty OF Mulligans plea for interfering with
me or striking me at all is shown, moreover from
his own admissions to me the next morning, in pre-
sence of the two officers who led him to the Police
Court He said he deeply regretted what he had
done and that he should not have done il II he had
not been in liquor; that he had just cause to in
terfere with me at all; that me would willingly give
O thousand dollars to recall his last nights conduct;
that be would rather have two black eyes for six
months than that should have one at all.
have hesitated much before consenting TO dignity
so worthless mans accusations by replying to them.
To persons we'll acquainted with him and me IL IL
unnecessary; but in the case Of others the above
statement may be material 20 just understanding Of
the affair IN question, and valuable aid to proper
estimation Of Billy Mulgan. Yours. etc..
j.. wARSER.
No. 635 BRoDwAY, New York, July TO-