New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-01

remain alter getting the bureau into "okng ofucf'
EI-Mayot Westervelt is good selection. James
Taylor and David KissnM are the only reapnpint-
| nents.
ALLEGED ASSAULT UPON SICK WssAs.-On
Monday last a highhsnded outrage WA perpetrssed
in this city by three men, two OF whom were police
| men, in which an unofendng man wa most severely
banded, and an assault made upon sick woman. 1t
| seems that on the day above mentioned Policemen
| George Jefferson Smith and Charles Ostrsnder, in
| citizens dress, and sIPoliceman Robert Campbell,
went to the boot and shoe store of Philip Hess No.
1917 Houston street, and asked to be shown some
boots. Goods were exhibited by Hess foreman, but
the men did not seem to like them. One ofthem asked
Hess if be would make him pair of shoes to srde,.
Hess replied the affirmative and proceeded to take
the necessary measure, and as he was about
rising the three men above named seized him,
one by the coat collar, another by the neck
tie, and the third by the arm, and attempted
to take him from the house Hess struggled violently
and during the struggle as is alleged, Smith drew
sung shot and stru3k him with it. Mrs. Hess, poor
sckly woman, hearing her husbands cries for assist
ance came from her when, is further alleged
Smith kicked her and also struck her with the slung
shot. Mrs. Hess is in dangerous condition from the
wounds che received Hess was finally dragged from
the house aud taken to the police headquarters, where,
he alleges that the officers limited to him that he might
settle the matter. They finally took him to the Essex
Market Police Court, and made complaint OF assault
and battery against him. when Justice Steers locked
him up but upon hearing the true state Of the case in
few minutes aiterward, discharged him from custody
Mr.. Hess, through his council, Charles 5. Spencer,
Yesterday afternoon presented the following affidavit
to Justice Steers at the Easex Market Court
Pbilip Hess of No. lg7 Houston street being duly
sworn ssys-Thst the City Of New Yos, Monday April
o. he was III his store said No IN Houston street in the
that he resides with his wife and children mnsd
st-y behind hi. store tho portion said eue. 80 occupied
by linn residence communicating with his store by door
lick under the of physician thai hi. wife very
feeble slightly made emacsed woman no, wrighns over ~
O'clock and while Opponent attending bis business in said
store three men came into said store tns ;a men werS
policemen that they strangers To dePnen hsi one OF
that dspoSept ordered his foreman him snd the
did the said that none Of The goods shown
sm " pa,r and il 90 70 messurs him. deponent
II piled yes and kne down ard measured hn and was 10 ths
act OF rre whe. he suddenly unexpectedly and without
previous warning ntmston Of any kind seized BY the back OF
his collar by Of the parties and then oy another hoe
deponeot pas asoean.d 70 b- G2rEe Jefferson S
the third caught him by the with such violence as 20 n
flesh . and blue IN an p e sd sd want
with me !" and cried Thieves" Watch" Help deponenss
0I Smith %sp sr into ns 50 tight
NJ sy deponen Hess Struggled back T. the room rhrs
a .e o bweye and came and said What you want "
Let him aore Smith then kicked her, aud said to dePonent
YOU must come aud drew from his pocket leather strap apps
fenty having attached 10 it metal ball commonly ca.d snug
;ao and @ Ssp9sfy' Sn my ca .vs him
Smith her. Go sway and at the same time uc5 per
down .hs wss taken up by two women put bed where
said injury she lies dsngercu,y m having on .ns x &
been some Of The time deou, having convunons ana oens
by the attending physician in dsnse, 81 dying s
aepoDen. wife struck depons1t sas .ns a, INTO
from Smith and held for some time depon " % ill.,; h.nS
chair and the ball attached 20 the strap ced ol o' US %
by sd thes men smith then M eco. 's and hi. po
cenans shield ordered iePonent 70 go wih,m dePonsn
tan Police Ofce Broome and Elm streets on the 10y
the House the said men ThS. ne%r. are o dee
liquor establishment ard pressed Dam 70 axe ah
men said "You are trouble than yon hint-you had
bitter settle H. and in FIVE minutes you shall b. a. hos WIN
,. after being in Police Station or time, dePonent
Wa taken by Smith the Essex Market Police Court wne,e
aid smith preferred charge Of assault and battery oom
led At the time OF said upon this depone BY deponen
upon said smith, Opponent committed TO Prison upon %
charge but in few minutes was Liberated BY justice s.eer
whom as depon informed ard believes Opponents
who bsd in vain for some time sought oi 10 br sf
Who upon depoaents arrest immediately went IN qur' " ~
AVS that be has assned aud alleges that one
of the aid men officer fhst neither OF them ns sy
SUPERINTENDENT or inspector Opponent that no com
panan had made anywhere any sucn reqIes' gu' s $3.50
were By them without authority OF h- .Voi
and this deponrnt believes for purposes othef han ~ p'
| motion Of the enos Of justice. -, , ., tia
add GrHse Jefferson smith for eosous assault and e.itry
upon and Tor the said Ostandef ana
b. thereto and also for the arrest oil ssa
OsIsnder aad Campbell for an assault and battery upon '
| pspsnt .
The matters act forth in TIE above affidavit were
fully corroborated by aidsvts Of John Hitler, Emes
| Michaels, Sophia Ostrander, and Mary Ann Cerger.
Upon the above complaint, Justice Steers issued hia
warrant for the arrest of Smith but up TO the hour OF
closing the Court, the parties hal not yet been ar
| rested.
| This complaint, before stated, was maize TO the
Court yesterday afternoon, but il it seems that Police
men Smith and Ostrander went to Mr. Embree, Clerk
of the Police COMMISSIONER and made the following
| affidavit:
Cry and County If Ne'c iork. Ch,ries Ostrante and
O. j. smith being duly that they reside IN the Wy
County II York and that they b-h belong 70 th
metropolitan Pose and thsi Monday last the 18th In
went together u No y7 Houston street for the purP " AZ
estins Phillip Hess suspicion OF being receiver OF
stolen goods and found him at his shop WHERE they neey
arrested him; and, notwithstanding they wee resided
number Of persons among whom the wife of ties VINO
struck them repeatedly with iron Instrument used ior re- nov
from the inside Of boots n-her Of them struck ne OF
other prison did they violence 10 removing
prisoner and that before making the they exposed si
shlelc hess ohceu; they