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

~ssd. Counsel wanted 70 show thai his client was
witness cuasnued-I did not hear NJ Joeson ask the
ss @ %hs ss iSs But Sss s9
he called me shyster and when he came towards ne
wah whip; when JObsoa cane ss mo in the manner
have described.
M schsrmes interrupted the witness and required
direct answer.
Judge monds said that counsel should rot interrupt
the Witness he could not put words into his mouth nhe
did give responsive answer the counsel could repeat
witness oontinued-when Jobson used tho language
stated, he towards made the Iremsxk that
woud "settle him there" then also made the remark
sAat would throw him out of the three story window.
Some persons were interruptDg The proceedings by
laughing, whereupon utge EdmoEds ordered several OF
hem 70 from the Court and remarked that he
hoped would be warning TO those that were permitted
Witness continued-I did not threaten to throw Jobson
out Of the window before any blow struck O. You
did not expect any difficulty there-now did you not sub
penae four 1--WE policemen therep A. Mr. Whiting was
Superintendent Of Police requiring the attendance OF
police there, and sent my young man with the
note requested no other men 70 come there as ooers
subpGnaed some policemen as vnesses
Judge Edmonds--were you spprehensive, ss we'll -
Mr.. Whiting that there would be some difcultyf A.
because of the language Jobson had used the day
before and his having the whip with him at the previous
reference.
lence to Mr.. yobson on previous occasion, | never
threatened fog him; did not subpoena those police
to seize Jobson; did not direct Mr. Polly 70 seize
Mr. JobsOn the moment there any difficulty did not
summon those men under pretence Of being witnesses;
do that large Of money have been paid TO
have not paid them any money; have not advised
any other party 70 pay them; l did not
struck the stove pipe down or not it was Knocked down
but can't say whether II was done by Mr. Jobson or
myself did not state at the police office tha: there was
mark my eyebrow from the blow gwen by Jobson
have no recollection Of striking him with whip; when
took the whip from him struck at him; did not seize
Jobson by the hair of the head up TO the tehat job
a Jobson after ne returned 70 the room don't know
VII ether Knocked him down or not.
To Mr.. Cinton-As soon Jobson was arrested the
referee adjourned the reference.
John W Spear, examined by Mr. Clinton, depoeed-He
s dentist in this oity; the first violence saw made
by Mr. Jobson with the whip; II not then broken; he
raised this way lover his shouder) and advanced
blow partially with his left hand the mark of tho
blow on Mr. seelys face.
first blow ? A. can, sir; II was Jobson.
O. Can you state the language that the blow
A. Mr. seey, arguing point referred 70 Jooson as
OF the window Jobson sad 'Come here would
like you DO ;'' don't think my testimony differs
from Mr. Seeys except that the threat 70 throw him
out of the window before the blow given.
Cross examined-I went there out Of curiosity, and
without ticket or without suggestion of any person
was standing at the time had given my chair 70
porter; did not say that Jobson called Seely villain,
said seoundrel and vagabond; Jobson was not stn9
when Seely threatened TO throw him out of the wndew
he did bot sit from the time Mr. Seey made of the
word fellow Seey was not approaching Jobson when
with hand he struck him with the other seemed
70 be master Of Il did not Jooson
knockea down; they were both rushing togeher and
Madame Lola Montex was then called 70 the witness
stand and examined by Mr.. Clinton. She said;-I was
the commencement OF the ARRAY.
O. What was the first you sawf A. saw the stick Of
Mr.. Jobson advanced upon Mr.. seely; then Mr.
seely ward of the blow and the end of the stick (or
whp) descend Mr. seelys shoulder thought at frst
would strike him on the head was apprebensive Of
iao0 hap In eti.k apH Trya ~
ssslyn ssss' ''nt " VIC ' -'-' '''' 'D' -' caro- A'
O. What was the first act of violence you saw therep
4. The blow descending Mr.. Seely was the first vio
lence Mr.. seey was very quietly writing while was
planning some part OF evidence, and this respectable
ing me as TO my beng a chambermad; seely was very
calm and was writing; when he said "this fellow y
Jobson rose up wi,h an eye full Of wickedness,
and said, "Feilow! How care you call fellowY'
and said TO him. You nothing but fellow" job
then called Mr. Seely names; Of them, DO no,
understand the snng or and do not will 70 mention H.
The Referee-ls t shyster2 A. Yes, Judge; both Mr..
Jobson and Mr. secly gr.ppea .ogether then.
recolect AL that occ1rred Lola Moa.ezYes You cal
me Betsey Watson ana chsmbermsid CaGghter)
O. Were you not frgheneiy Lola honiez NO, out you
very pale and N ach frgh sned Aaghter.)
Mr. Scbermerhorn-YOu are mistaken; was no. at al
frightened, and am never pale.
Lola Nontez-Yes, you were much frightened, and very
o Do you swear ,ha, seely I'D no, strike a. Jssson
frstP lola MontezI that Mr. Seely dG sirke
at Mr.. Jobson before Jobson struck him.
Q Did you see Mr.. seey make ASSAULT
advancing towards the Counse-ssked what DO you me Aa
by assault.
Nj. .scbermerhorD-Rasrg a stick or Amng bow
Loia Nontez--And what Is an assault ard ba.teryf
Mr.. .Schermsshon.-StrIking AZ and giving a olo~.
Lola Moa;ez-y did not Mr. See.y assael. him; Mr..
Seey entirely cool asked you VIVA, was an ASA III
and battery have been brought Up for Assault
battery did not see Mr.. seely strike Mr. Josson At eli
9. Dd you say 70 Mr. seo.y 70 pumme him away
Lola Montez-RHng Indignantly and cher eye ~ Zoe
phreDzy roiiing-'rephei," make OF such
anadyb expression.'
On leavrg the witness stand Lola Monez saidAllox ne
Judge 20 shake you By the kA3d and accordingly the
feree exchanged greetings with tae fair witness who
shortly aer left the court accompanied by er is
Mr. Clinton said they bad several other Witnesses but
the testimony woui bs merely cumulative.
The ree ee said was evident haf these parties hai
been guilty Of contempt one Was armed with whip yet
be dld nsi see that Mr.. Seey used violence thaa
was necessary The referee (Mr. whitng) m ght have
committed them both the statute OF ast year gave him
the power and he could have made out his com
initial and 70 the Sheriff FOR execution. He (Iudso
Edmonds) did not think that any Cumulative testimony
would alter the II shows very clearly contempt
too; but the question how far Mr. secly exc-sabls
he he hal stopped sfter be had disarmei xr JOosol
Mr. Olnt5n-He might have thought Jobeon h.d another
weapon.
MI schermerhorn asked FOR pos,poneneri Until Mr.
whiting the referee came 70 town he would provo ina:
the blow was first given by seey, and that Jobsons
due, 90, contempt Of Court.
Tho Referee-And suppose he sad 90, ! would .hnk
differently. liking The story Of these gentlemen
themselves, Il very evident they we're guilty Of con-
tempt There "a thing 70 be sad Of Mr.. Seely, ard
that s thai Mr. Jobson used threats and seemed extra.
ordinary Mr. Jo5son b carry this loaded whip; j. IA
weapon that no gentleman would carry.
Mr. echermerhoru said that the referee mistaken;
the whip not loaded English gentlemen IN ths
habit OF using such whips when they go out riding.
The Refereen no. proved that Mr. Jopsor vest n
the reference horseback.
Mr.. schermerhorn offered witness 10 prove that Mr.
Jobson bad broken his cane and then had gsei ths
whip. his objected 20 by Mr.. Clinton.
Counsel then made Few remarks, each corteni ng
that his client the first assaulted
The Referee inumsied that he hopes that max
ing his report counsel would have mado him The insru
ment Of apoioeizpg " the Court for the contempt,
Mr.. Cnton-A An apology 70 the Court different thing
from an apology 10 the adversary.
The referee said certainly and he should be very harry
20 be the instrument OF reporting 70 the Court their OIL
Ger an apology from both parties not he voild SUB
init the case u R
After few moments Mr. Clinton said he could cny rsy
on behalf Of hr Seely that he regrets exceedingly the
occurrence and that he dd nt Intend going beyond shst
be suppressed The inant lust fef. rarras