The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-13

CINCINNATI JUSTICE

AWestsrn tsambs.s Captain Horsswn,pp'ns
NE Mistress In shs Street. and stsiking nis
CINCINNATI JUSTICE.
From the CpcinrAu rlmes July OIL
Last Saturday evening Captain VIM. F. Fuller
horsewhipped woman on Seventh street, near his
residence. The woman, whose name IL Margaret
Callahan, had child in her arms, which also re-
ceived blow from the whip. The affair created
considerable excitement at the time, and has been
the subject OF severe comments in the morning jour
mails. We preferred deferring the details and com
| ments until Captain Fuller, who was immediately
arrested. had his trial. aud the affair legally
vestigated. The trial off this morning be ore
Judge Pruden, and we give full report below.
| When the case was called, Miss Callahan did not
appear. Her name was called inside OF the Court aud
at the door, and no response being made the Court
| ordered an attachment for her, returnable forth
with. The officer bearing the attachment found her
making ready to leave home for the court. As soon
| as she arrived the trial was proceeded with.
TESTIMONY or MAKa AREr CALLAHAN
Margaret Callahan took the witness stand aud
was sworn. We should Judge her to be woman
twenty five or thirty years OF age. TALL well formed,
with moderately good looking face. Her LETT eye
was discolored and around it were several marks as
il made with whip. She was fashonably astired.
The following s.her testimony IL have had diff
Guilty with Captain Fuller; he struck me with q
horsewbip; saw him go into the stable and get it;
he struck me over the face and back and he also
struck my child and there is the mark yet to show
for it, but for the interference of other persons he
WOuiu udte hultu Lue, presume ~ was his lntcn-
ton to kill me; this occurred last Saturday evening,
on Seventh street, between Western row and John;
| it happened insthis way: he had receipt of mine
| and / asked him for it he said it was in the
would give it to me; I went to his house and
| asked for Captain Fuller; his wife spoke mpu-
IDENTIFY to me, and his brother put me out Of the
house l was brought up TO the watch house
| and had talk with the Chief of Police after
this talk left the watch house and went down
| to Seventh street again l was welking back
wards and forwards to dry my tears; the rst saw
OF him was at the stable, when heard him ask for
whip, and say "Be quick here she is now" he got
the whip, and struck me with II the tack aad
face; have eight welts on my back. and my face
shows for itself; did not see him until heard him
| ask for the whip.
| Cross examined-It was after seven o'clock when
| | went to Capt. Fuller's house, you know whether
it was dark then or not; it was between sunset aud
dark; his wife came to the door; asked for Capt.
Fuller and they said he was not there; did go into
the house; CID take seat: did say something to
the child, and it was this:-The child said papa y
and replied Yes, honey, this is your papas house
and we have right to sit here-and good papa he
is, too" / have been to the house before twice
| believe don't know as have annoyed his family
always went after him; his first wife respected be.
cause she knew nothing OF my affair, but this one
told OF II before she was married and said would
trouble Aer If she married him: l don't know
| what j called Mrs. Fuller when / was at the
house Saturday evening; / called her more
| than she called me; | told her before her
marriage / would annoy her. have followed
Capt. Fuller to Cairo and to ST. Louis he left in
Cincinnati without support for the child, and went
after him. did not go aboard his boat in st. Lous,
nor raise fuss there's was aboard his boat at Cairo,
and he gave me money; told him il he would sup.
port the child would leave him; never th eatened
to tease him ~ long as he lived; told anybody
such thing; did 60 TO his house when lac was
married; don't know what said there; they said
member what said know they locked me up in a
room, and jumped out of the window: they did not
give me chance TO abuse his wife at the wedding,
and of course didn't do it; wish had
TESTIMONY OF THE OWNER or Tax WIFI.
Mr.. - Burckhaltz being sworn. testified was
in the stable on Seventh street. Saturday evening"
when Capt. Fuller approached me; he asked me to
loan him riding whip; told him we did not have
one, when he said any other kind would do gave
him buggy whip, and as did so that lady stepped
up and said, well, get the whip Captain Fuller
said to her. Eyes, what do you 90 TO my house for
and abuse and disgrace my family she made re-
ply which do not recollect when he struck her seye
raj times with the whip.
Crossexamined-I think her reply was that "shc
would go to the house when she pleased, and do as
she pleased or 10 that effect.
TESTIMONY FOR THE DvFFNsE
Il. +. Bowen was called for the defense. He ties.
titled that he interested with Capt. Fuller in the
steamer General Pike, and had run with him on that
boat since she was but-a year last October or No
vember; shortly after the boat came out this woman
came down to the wharf and sent for Capt Fuller to
the gangway; she came frequently afterwards when
the boat in port, at first sending for him to
come to the gangway, and afterwards coming aboard
the boat; she came for money and the captain
always gave il TO her; have loaned him money at
least twenty times which he gave TO her TO get her
of the boat this thing went on for some time; feel
ing interested on account OF the boat. had talk
with him about it; told him he had better com
promise whatever difficulty he had with her and
be authorized me to endeavor to effect a compro-
mise talked with her about it,; | really sympa-
thized with the woman and advised her as thought
bet for her; told her she had committed an err IT.
but she aggravating IL by her conduct and ad.
vised her TO compromise with the Captain. aad 60
where she WAS not known and redeem herself: |
offered Ia settle with her, by giving her what she
would ask, and pointed out to her how much better
IL would be for her TO do that, than To be following
the Captain and prosecuting him; she would not
agree TO anything: she refused all proposals, and
said she intended 20 annoy Fuller; OF her express
sions was, that she would follow him o. li-l:"
she frequently threatened TO annoy him, and also
said she would shoot him; she came aboard the boat
at Carlo; gave the Captain $50 myself, which he
handed TO her.
THE PUNISHMENT.
In consideration Of the fact that the red,nbtable
Captain asked for q riding whip before taking the
horowhip which he used, and that the blow given
TO the infant child, might have been accidental
Judge Pruden fined the Captain right dollars.
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