The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-27

TIRE Jobson ard seely ContemPt Case.
LOLA HoN7Ez AGAIN ON TEE WITNESS SrAED-THs
CohBArANTs APOLOGIZE.
SUPREME COURT.
Before Ell Judge Edmonds Referee
I'm. 2e-lm tie Matter Of d. ". Jteson and Ffcssersok
T. Nsly-rhis order 10 show cause why the psr~
ues should not be punished for contempt Of cours,
Arssng out cf personal rcnccntrc in case before Mr.
y N Whiting, referee Of this Court he mater was
referred 70 exJudge Edmonds so hear and report The
chamber was very much crowded. and Lola Mortez, who
witness in the osse vss present. and attracted con-
siderable s:ten,fon.
Judge Edmends read the resort Of Mr.. Whiting, com
planning Of tie conduct Of kessrs Jobson and Seely and
asked counsel the parties denied that there was an
assault and battery.
Mr. Clinton ON the pert Of Er Seeiy, begged TO intro
dnce testimony.
rhe referee said they shsuld corfne themselves strictly
70 Ascaeston Of osntps he not gong to sa there
- 70 into irrelevant matters.
Mr. schermerhcyn son the part Of Mr. Jobson said tha
10 dN moi mean deuyhat there w<s an assault COM
neA but would contend that his chcnt was the f.st
sAuted.
NE Referee-h does not meter whether was frst or
NJ, 30 long as there was an assact:-
r Clipton would proOeed 70 pu. in testimony 70 show
tAo pr0vocstiou.
yosr part to STOW that there violence used
IN The part Of your client than necessary protect
himself from the assault actually made.
Mr. Scbermerborp the part Of his client, averred
hat there ARRAY occrred pending su and that
commenced by provocative language oeng Used by
Mr. seely TO Mr. Jobson that Mr.. Seely called him
"fenew,'' and pointed at bim dsrisivey, 10
was worthy OF . shyster ana petfogger he first how
ever, demanded the protection Of the referee Mr. seey
arose and ssid ne would throw M Jooson Gu. three
these assertions Jobson said not necessary ~ make
ssse there, and asked rim 70 go out Of the room Mr.
Seey replied that he would finish him on there, aad then
Mr. Jobson raised his whip and made pass at Mr. Seely
Who caught the whip and struck Jobson some persons
same behind Iobson at the same time and took hold Of
him.
Mr. Clinton said he should have stated that Jobson made
threats against Seey before that meeting and came there
On that day armed with whip
Mr.. Schermerhorn remarked that Mr.. Whiting (the
sorner referee) important Witness and as he
not present he wished the case postponed.
Tho Referee-Mr. Whiting is out OF town and will net
yetuyn for days They could proceed with the
question Of assault and battery or the merits Of case
pending before q police mag istrate; he will merely try
whether there has been q contempt OF Court committed
BY these parties.
Mr.. Schermerhorn called several witnesses who were
not attendance he ther placed Mr. Jobson the stand
who was sworn without objection from the opposing
counsel
David w. Jobeon was then examined
@ Where do you reside
The Referee these pren questions should
be dispepsed with
O Were you present at . reference before Mr. whtngp
A. present q witness that OCCASION | for
about half hour receiving pretty good torrent OF
abuse from lively lady that was a witness; Mr.. seely
Piled that proper language from o shysler
pessogger Seely then got and threatened me- asked
Se s y no he Soua s Of ne then
me violent blow in the mouth from which yet suffer
rared myiwhp ansiaempted 20 strike him. when was
seized from behind BY man N coiored clothes, who
called himself policeman then got several blows
seey strike night and left he struck Mr. Schermerhorn
and Mr.. John Brady at the same time there was
other powerful looking man-struck at me, but
the blow fell short; him now in court he is Or.
Spear e,s Dr. spsaT, stood Ssp9 was v.s,nS; car
again to the room, when Seey struck at
and hit several times asked the police ecer for his
warrant he showed his shield and made resist
ance; the two policemen who took we're named Polly
and Wright; when Mr.. Seely called me fellow ives
sitting Mr. Schermerhorn, and about five feet
Seeiy he advanced towards me- and hal TO come round
the stove 70 get at me.
by the Judge--6ad you had any words with Mr. seely
before thatS A. No. he had examined rather insult
iDgly witness; am In the habit Of carrying can
with me, but had broken 1t and was carrying tas viii
about . week previous 70 the ARRAY; Che whip was
light riding whip with small silver knob II was broke
the way up TO the pohce ONCE when raised the VIII
Seey seized from me and gave me several blows With
~ when called the referee for protection be merely
said "Gentlemen gestemen;' be was ra.her confused
BY Counsei-were there any policemen thereS
The referee said that question was un.m oortlnt.
Mr. Schermerhorp raid be intended 70 s5or that Nr.
sesy had subponaed several policemen there prctend
.Jobeon when he created the disturbance with him.
The referee did not doom i. relevant.
Croes exsmined-I don't know hat had carried this
whip more than twice to hs. reference Mr.. seey d
strike until l had rsen; Mr. Seely most assufsdy
IN my hand so, (ust bali way Up 70 hs breast; vas
seized by the officers aster made sn effort 70 n: Mr.
seeiy; think hit him. intended 20 hN him
Here Lola Mones entered Court and took sea; arnorCst
Q Were you struck by DR. spearP
The referee said that he rss not going 10 try d. Sper
- q
against Mr.. seey and tIr. Jot son.
gave bin the lie but did not cali h1. liar (a1gh;er)
but that was at previous reference.
Mr. Schermerborn then offered himself a. witness.
and deposei that, pend.Dg the exsrninsion Of Enes
before referee (sir. Wh;ins), Mr.. Seey pointed bis
nngsr derisively At hr. Josson.
The referee said that 10 there ~s nothing additional 10
what Mr. Jocson had testified he need MT 20 over the
same account Of the transacton. he would put hi.
notes that the testimony vas the same
Cross examined-I the srst box struck;
xsruck by Mr. seely Mr. Jobson did any vio.en3e
before be struck he held the Whip hsh NJ; think
be he would NOT be Esul;ed By snys:eY such
person; did not hear him thrcssn 20 strike Mr. Seesy
until After Seey struck him; sAx Joeson make pass
Mr.. seey with that whip, but don't whether he
struck him, Mr.. Seey strike with mucn force: in
medistely preceding the blow Mr. Seey sad be would
frsh him there understood Mr.. Jobson to invite Mr..
ur schermerborn, 10 Nr. Jooson)-rhe words you
used were shyster and pctifosser aai not vassbond
The referee announced that he would conne the
20 two witnesses on each SIDE beside the parties
John Brady deposed hat he present at the ARRAY
In question he saw NJ Seey como towards Mr.. J9bson
existed manner, and pointing his finger nj him called
him fellow Mr.. Jooson ssd by heavens, would not
suffer any man 10 cali me feo~ he thcn turned Mr.
Whiting and said, Mr. Referee, claim your protection
to be insulted by all yster pe,togger Ike ths,
Mr. Seely made blow a. Jobson Mr. Jobson uneu RAISED
hs whip and struck Seeiy the head they seemed to
be very anxious fight they very much excited
Mr. Jobson taken out by poccrasn; JoDson reurued
again the room, and think the parties got al II agan
fAushter)
Mt scsefsnerhorn-nd xr secly strike your
The witness declined answer he had no complaint 70
make against Mr.. Scely.
Cross examlned-1 was taxing notes FOR Mr. s,hermer
horn: scey made tremendous box at Job-on. don't
know whether he hit him no., don't recolect see.ug
the vhip wrepohed from Jo5son did no, zee Jobson on
tbe ecor but HIM in the Of falling from he force
oS The blow; got blow from party the time aud
7 almost blinded; have recollection os hearing
obson threaten W chsstse Mr. Seey before he went 70
the reference; he Ia IN the habit Of carrying a cane:
dent know that have seen him carry tbs one; am in
che samc Office with Mr.. schsrmerhern and do business
fur myself, though he s sometimes associated with me-
Frederick l. seely was then called by sr. Clinton