The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-21
SUIT AGAINST A VIGILANCE COMMITTEE.
The Tarring and Feathering OF q Colored
Man for Alleged Illicit Intimacy with
Young Imbecile White Girl In Hud-
SON, Columbia County.
SUPREME c0URr-cIRcUIr.

u Young AmbeciIe White Girl In Hud- |
son, Colum bfa County.
sUPREME C0URr-cIRcUIr.
Before Hon Judge Potter, Of Saratoga county.
sx1 2o.-Wllians A0,rers (colored) U.s. Peter Bogards,
Abvam Bogardus William IT. Hunt, Kren Yam D,lesen,
Silas ". Toby Charles s. Wcncheu and A. " " E,ting-
The plaintiff in this action was a barber in Hudson, |
Columbia county, in this State and brings his action
against the defendants for assault and battery It Is
alleged that in July, 1866, the defendants and mob Of
several persons entered the shop Of the plaintiff,
barber, then doing business in Hudson, Colum-
ba county, and forcbly took him TO the pub
lie square Of that town, where they tarred and
feathered him and then drove him out Of the
place. II s also stated that the Vigilance Committee took
from him gold watch and money The defendants
all substantial men Of business, and Mr. Toby is the
Treasurer Of that county The justification for the acti
alleged too familiar intimacy the part Of the coored
man (who had wife and family Of his own) with youn
lady (whe) daughter Of Mr.. Ettng, one of the defend
ants and aged about eighteen years. imbece in mind
and since the alleged intimacy confined in asylum.
The case is az yet but partially developed the whole
day being occupied in the examination Of the plaintiff
whose cross examination is not yet finished.
Vim. Mowers the plaintiff, colored man, somewhere
about nifty years OF age first called the stand and
testified TO the alleged circumstances that he shaving
a customer when he heard mob outside his door; saw
Mr.. Ettng walking up and down, and when the gentle
whom he shaving. went out the mob pushed in
TO the sidewalk became insensibe, and when receiver
ed asked Mr. Van Duesen what he wanted with me; he
said he wanted to get out Of the mob he lod hold Of
and got me on the square, he then said Boys have
got him heredo with him what you pease;' the square
is public open square, about block from my shop; the
mob followed me, and the cry was, "Kil him." they
dered me TO strip myself; asked them what for they
said matter but TO strip myself for fear it would be
worse for Mr. Abram Bogardus and his brother Peter
were standing west Of me; Mr. Wnche stood my left
side; they again ordered to strip myself asked Mr..
Abram Bogardus "what does all this mean2 he said, ~
know nothing about -strip yourself" Charley winchel
said, "h you have got any money or
watch, or anything, give it to Mr.. Bogardus"
eyes, said Mr. Abram Bogardus, "lct me have it" Pc
ter Bogardus said, ~ know nothing about it, and
jumped back; Winchel said 'Dont stand talking about
it, and took my money and watch; Mr.. Silas W. Toby
then said, "Don mind what he says-apply the and
feathers and I'll pay for t' they answered. Thats it,
Toby wen 60 you halveso they got my money and my
watch, and stripped me by forceook everything of Of
me- and left into the world they then tarred
and fcahered they said they had come to the painful
duty Of tarring and feathering and that
the city, as was ordered by the Vigilance Committee
and that return; VIM. H. Hunt said "Iet me
at him with my butcher knifs they commenced swab-
bing me all over with the tar, which in bucket
while swabbing Qaugher) some in the crowd took
the bucket up and poured 1t over me IL
down my face inD my eyes; some others took the
dust and sand up and flung it at that was nearly
blind; they then put feathers on me; Mr.. Winchel said
"Boys open the ring some one called ring" but Char
ley wnchel said, No matter, open the ring for
your le;' opened my eyes the mob showing me;
would not run but Charley Wnche said "Run for your
life, they will kill you;' started off north and on
Some
not discern who was; he struck at me- missed me and
fell then started and as started pistol off; saw
the flash; when ran they followed and cried "Ki him.
they followed me for quarter of mile; jumped a
fence; the road had to go pretty "hard one to
trayep over there cinders from furnace part
Of ii tried TO brambes but could not; got my
feet hurt and heard them say "shoot him.; fheard
about dozen shots fred into tn. s-amslea
got to the door of my house. and heard my dog bark
SO said to myself They smashing my house;
70 neighboIs about three O'Clock in the morning. rain
n m in ia mr. I tn
wards my house; saw my boy and hallooed to him;
then entered by the back door, and that the door
to take the tar of, and then bed had severe
palms. the Mayor and the authorities of Hudson came to
qaence Of what they said to me- Wednesday the day
after the occurrence came TO New York by the cars
and went to the house of my cousn Diana Croswell
Laurens street; did not put shoe boot for thrce
months was confined TO the at my Cousins for
three months; Twas not able to get in and of bed
by myself suffered much from pain have
not had the use of my right hand since
cannot do any labor with it, do my hand commences
swelling; have lived in New York ever since with The
exception OF going up TO Hudson in September 1856
in the night time, and came back in the night
Mr. Bell who wanted to see me; kept myself concealed
while was there; Mr.. Miller, lawyer took my up
and said he would bring to the Marine Court but don't
know why ne dropped 1t; did not get dollar of money
back had three gold Watches got from home but
do not know whether was the the mob took from
me or not
Crossexamined by Judge Dean (associated with Mr.
John NJ Welsh OF Hudson, and Mr.. Mler)-I do not now
live with my wife, made assignment Of my property
in in Hudson made paper to woman named Sharp Q.
Was she a clairvoyanD A. Yes counterfeit one
Qaughter.) Stewart Amiable is a friend of mine
After some other preliminary questions, the witness was
asked If he knew the daughter of Mr. Etng, of the
defendants and he said he did not know Anna Etting
heard Mr. Ettng had daughter Of that name but would
not know her
Mr. Chauncy schafer objected to the question
Mr.. Dean said that they proposed to show that
this man, who had been publicly tarred and fca-
thered, and expelled from Hudson, not on account of
his color but on account of his character, was
in the habit of passing by the house of Mr. Etng and
whisng and inducing daughter of Mr. Eting, who was
of weak mind, TO go and meet him. and that the re-
suit those meetings that the girl has been since con
fined in unatic asylum He expected TO show state of
facts that would induce this jury to render verdict of
s'served him right" Question repeated. A. always
whisting, except when Pm asleep (laugher); Mr.. Et-
tngs daughter not in the habit Of coming my bar
ber's shop; know where Mr.. Van Duesen's store Isl
have gone to the steps of Mr. Van Duesens store
and made signals to Mr. Etngs daughter; | was not in
the habit of meeting Miss Ettng at saloon never
her PRESENTS was shaving customer at the time l
heard the mob walking up and down; Mr.. Etting
walking in front of my door; did not see him after in
the square during the tarrng and eahering when the
gentleman shaving went out the mob rushed in;
made an affdavit to prevent this case being taken
to Hudson for trial; did not swear in that
affidavit that Mr.. Howard came in and took me
out; did not that Henry H. Hunt, Howard
and Hammond came into my shop and pulled me out; l
said that Hammond came into my shop for did not
know any one else that came in when became
scious again found the sidewalk, took Van
Duesen and all of them to be friends had difficulty
with them before; Mr. Van Duesen said, Come with me
the square, want to get you out of this mob; they
were kicking me- and the people said, g Kill the id
niger ~ Van Duesen said Don't kill him here-let us
take him on the square, to say that did not
hear any of the people say what for could
saw how many people were there; the street from one
side TO the other which is sixty eighty feet full:
they broke the screens and panes of glass my shop
did not see Mr. Etng after the mob took me away |
did not see him the square.
Mr.. Dean (reading from witness aHidavit)-Q Did
you swear that in the square Mr.. Ettng said,
"Now, boys let us take the law into our hands, and
we pay for itS'' A. did not said heard Toby say
SO: they stripped me- stood still; there in
fighting against them did not take off my clothes my
self; did not take out my watch and money; Winche
said, If you have got any money a watch give il to
Mr. Bogardus' it was gold watch, which paid sos
for Q. 1t not gavanzed9 A. No, sir we don't wear
galvanized watches-(augher had three-one for N.Y.
self one for my wife and the other for my SON Mr. Bo-
gardus gave back the watch and | don't
know that the watch got from home the that
they took from me- sued Mr.. Eting of the de-
PENDANTS because considered him the plot: did not
hear his name mentioned that night his daughters
name O. You did not know what they about and had
never been served so before? A. No, strand hop
will again (laughter) when Mr. Hunt said TO lie
him at with his knife, the mob told him TO sShut up
that shey did not Irshman there: they would