The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-09

Before Hon. Judge Hiossoo and Jury.
ACTION For ASSAULT AND BATTKRY-A WALL STREET
BROKER R1sxNrs An INSULT OFFERED TO HIS
DAUGHTERS.
MARCH 8.-Pdr c. Anthony Us. James Smith This Is
action for assault and battery and though the simple ques
ton whether Mr. James Smith justified m beating
Mr. Peter Anthony, the has occupied the Court
and jury for three days. appears that about O'Clock
the evening Of the 9Th Of October 1885, the plaintiff
aoccsted two young ladies the street who their
way their fathers office in Wall They went
the Office and told their father that they had been nsuted
by the street, the father The defendant) asked
them to point him They did SO; he up and
sailed the plaintiff and brought him back his office,
ne again ar pss, nun n ns pns h CON-
otherwise severely beaten. He lays his damages at
$4,000. number of witnesses were examined but the
gst Of the case and con- may be obtained from the
testimony Of Of the young ladies and from the evil
dence OF the plaintiff himself.
Helen Smith, daughter of the defendant being examined
by Mr. Benedict, deposed that she walking down
Wall street with her sister, got "a far as Pearl street and
crossed over this (the painf pushed in between
The walk he looked up in my face and laughed very in
sultngy and said "wont you tell me where you lves
few PAGES and turned again and looked up in our faces
end said "Wont you9 won't you S' and something else
that did rot understand we then crossed Wall street
back, 60 TO fathers office, between Water and Front
streets passed the door ne (the plaint was
standing OF Front street. looking towards
then went into my fathers Office he was sitting ne " the
outer door JPlaintfs counsel excepts to hat witness
told her father told my father that man had nsulted
US; father asked me TO point out the man, and
came out into the street; I did SO; went down
with my father and pointed him out saw my
resided in Brooklyn: my father soon came back,
bringing the man (plainti) in with him; he took him
INTO the BACK once we were mere ia.ner s.rack nun
got in DON'T recollect all that said the man (plain
t said ii the first time he had ever lnsuted ladies,
and would the last he gave his Charles Brown,
and stated that he boarded at the Cermont House;
should judge he was there about half an hour.
Cross examined resided at No l2i Remsen street,
Brooklyn; don't remember what time came over that
mornings went shopping at Canal street; we went no
where else except to stores down Wall street De
tween and O'Clock; plaintiff against us near Pearl
street: my sister stepped foo, OFT from the walk
have good many persons there in the afternoon he
(paint had got but few steps when be turned round
and spoke he spoke loud and laughed loud; kept walk
ing on
and deposed that he was clerk ia foundry when he
got Pearl street the day in question he the
two ladies his left to the south side; l passed
them and stepped up to fruit stand; in the meantime
they passed me- then overlook them aud tried pass
them on the inside the space small, and knocked
against of them asked their pardon said pardon
pardon, and smiled when said said nothing else to
them then crossed to Front street. did not stop the
Front and Wall streets, until arrested by
the cali of young lad Mr. Smith Ohe defendant then
came up ana asked If had insued his daughters;
denied II; he knocked me instantly under the ear, and
fell serseess of the Sidewalk my right arm was a%ea
get out of smiths way, but he knocked me over
again, aud cried "stop thief" it occurred to me
nom that cry that might be shot, and stopped Smith
at me- took and pulled back towards bis Of
fee; met Mr. George Waite the way; Mr. Smith took
to bis office and brought me into the back room he
cursed and swore and said he would kill he struck
me several times; have recollection OF giving my
Brown; then boarded at the Clermont House;
when in the room appealed to the gentlemen and to the
ladies protect me- said that did not intend TO insult
the ladies' and begged of them TO prevent him killing
have recollection Of saying that nsulted the ladies'
said had intention of insulting them, and that was
sorry never offers them any fruit or peaches; my
brushing against them purely accidental had
gagement in Brooklyn that evening at o'clock, and
was going fast when l overlook the ladies' my
left eye very badly cut, my right
eye injured and suffered from pains my head for
two three months, and still troubled with
difficulty about my eyes was unable TO go out
for two weeks, and lost my situation in consequence
Cross examined by Mr. Benedct-ls about four years in
tins city; from Montgomery county have family
consisting OF wife and three daughters. O. Has your
vile lived with since them OBJECTED TO- and question
excuded.u
DR.. Rowland asked what is the actual effect Of the
injury the mind and constitution Of Mr.. Anthony He
said the injury made Mr.. Anthony very for a
year. II at otentimes ncapactates for
business think that part OF that time II had the effect OF
ncapacitang Mr.. Anthony for business Sealed verdict.