The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-17
Alleged Assault and slandcr ON ehe Lazy
OF Doctor Ellis.

ukRrHE COURT.
Before Hon Judge Mccarthy without jury


Before Hon Judge Mccarthy without ajary
Con, Carrie CyecA Terrence Ackef'dn ana &c
mr. Ne This action or assam" ana pacry
and for SANDER The plaintiff rs the cAer amt Oh Ut Ehs,
who has gained notorety IN the ponce coumhs OF e
..na,s,s Miss Creech, tall, good looking and well
srossed Young woman was examined by Mr. Dyett, and
sao that ON the 4th Of July last the defendant Mrs.
prevented her from going out OF the house. lo4
yeyerey place opening the door TO admit Dr. Ellis TO
some IN that she called her common -, and othe
Names which indicate the opposite Of virtue that tbs fe-
male defendant assaulted her. and paanf thereoe de-
,Oands 1900 damages
MT Dyctt ito put end TO thys nature q croescxami
naton)-wcre you ever married. TO DR. IisY A. No, sir,
To Mr. Vuitee-The Doc or and did not occupy the
same room; when was turned out OF the defendants
went % board at the Hochns' House; the Doctor
cook board there also, did not sign the register Of the
hste; do not know neither the Doctor signed II "Dr
snts and lady" or no.
The Court ruled Out this portion OF the cross examna
non as irrelevant v, the issue.
o BY defendants counse-Did You have Illicit in
,prcouse with nr Eis2 tere the witness burst into
ears The Jsige directed her not to answer the ques
hon The ccansei had asked her If the parties
man and vxe and she had distinctly answered that they
were not The counsel would not benefit his clients
by such course.
Anol,er point urged by the plaintiff was that Mrs.
Richardson and not Mr. or Mrs Mckernan was the party
n possession Of the house
Dr. Thomas Ellis deposed that he occupied portion
81 the house No. lV4 Waverly piace nlrcu from Mrs. HI
ardson had his books there the 4th OF July, and
served his patients there THAI day he went bust
ness his the door locked he rang the
BELL, and Mrs Mckernan opened the window and said,
You blackguard, II you do not leave that will throw
Bnme dirty you;' Miss Creech to the win
dow on the second story and Mrs. McKernan pull
her violently from the window and shake her. threa-
tened 10 send for officer and Miss Creach let
by the basement the officer did not come because Miss
Greech pushed out at the basement door the boy
starting for him.
Gross know of Miss Creech and her family
SDr fourteen years. became acquainted with her person
ably about two years ago. she IS by profession designer OF
fashions, and has worked for firms in this city desire
- say that was arrested on number OF trumpet up
charges TO prevent my being witness in this case, and
0hat those charges have been dismissed
For the defence Mr.. Hutchns hotel keeper, waverey
place deposed that Or Ellis and Miss Creech boarded at
his house for about FIVE weeks they together they
paid but for room, and his knowledge they did not
occupy more than one roomi the Doctor engaged board
Tor himself and lady.
The daughter OF Mrs McKernan swore that her mother
did not commit any assault Miss Crecch call her any
names; that on the contrary she treated her kindly.
Cross examined-Dd not see Miss Creech cry; did not
hear her mother threaten TO throw water DR. Ellis;
ey were afraid to open the door to the Doctor but Mr.
Aekernan said Miss Creech could 90 to the window to
speak TO him.
The defendants counsel offered to examine Mrs McKer-
nan, but the Court ruled her testimony incompetent
Mr. Peter Tappan, apotheeary depoeed that he had
known Dr. Es here and in Canada that his character
was VIGOROUSLY bad; that he would not believe under
eath; witness had met his CDR Elis) wifes family in
Canada and had heard the Doctors characpr from the
was bad.
To Mr. Dyett-I believe the Doctor owes balance
d 3lb; he may have paid me $50 or 500
Mr. g. Seixas lawyer, deposed that the character Of
Or. Ellis is VIGOROUSLY bad
Gross examned-Was counsel cases against the Doc
Tor and the complaints dismissed and witness had
b pay the costs was counsel another against him
n the Tombs which dismissed frivolous the
Doctor was discharged by Judge Ingraham a writ Of
Aabeas corpus; heard that he had robbed people in
Canada from dollar up, and that he had left his wife in
Canada and was living In state Of adultery.
Sylvester Stover for the plaintiff deposcd that he knew
xh Ellis for fourteen years; knew many good liberal
acts that he had DONE and had personal knowledge
81 anything bad on his part; would believe him under
saith.
Other witnesses were examined and the Court reserved
Tvs decision
SUIT FOR SERVICES
Before Hon Judge Maynard.
Alert E Sha.o Thomas Z. Colyer-This was an &C.
sou brought by the plaintiff against the well known ship
builder Thomas Coyer recover over $500 for alleged