Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-09-25

NA"hhNNk.-Jonh Drown was Drought up II
making disturbance like his great name
: sake. He was fined the costs and sentence
to hard labor for 10 days.
John Hull, boy who hailed from Penn
sylvania, was called up for being a vagrani
Hepromised TO go away from town instanter
and was let of.
John slavinsky was arraigned for dis
turbance. He plead to be let of, saying tina
he was Polander who was on his way b
Cincinnati, where his brother had clothing
store. He had never been in a scrape before
and as for disturbance he belonged to tn
church and never was guilty of swearing
He seemed much troubled at being arrested
for any offence against the laws. He wa
fined 81 and costs
John Fuss was charged with beating hi
little gIrl and otherwise making a disturb
ance. On being asked if he was guilty, hi
didn't know. Itis a popularity of this man
who is an old offender, that he never know
whether he is guilty or not, until he hear
the evidence. In this case the evidence war
unqualified and clear as to his guilt, and h,
was fined the costs and sentenced to hard
labor for 80 days.
Mary Collins was charged with intoxica.
ton She had tried to strike lot of little
boys and the policeman with huge knife
which is a cross between broad sword, 6
sabre and bludgeon. She was proved
guilty and sentenced to the House of Correc-
tion for 29 days.
Patrick Carroll was charged with intox ica-
tion. He said he was looking for boarding
house when he was arrested, and was not
drunk. He was found guilty and sentenced
to IS and costs.
James and Martin Falon were charged
with disturbance. The old gentleman
(James) was fined $40 and costs, and the
other S. and costs.
Michael Burns, boy II years old, plead
guilty to stealing wood from Harmon &
Crowl. He was sent 10 the Reform Farm.
Thomas and Alexander McDuley, two b Uys
who are unmanagable by their parents, we re
sent to the Farm for petit larceny.
INeERsoLL vs.. BREsuN.-At length thi s
great case was brought on the carpet. The,
Court room exhibited an unwonted array of
legal talent. there being not less than twen-
ty-four members of the bar, besides the par
ties to the suit. A jury was demanded by
the defense and sworn. The prosecution
was conducted by Prosecuting Attorney Pal
mer and Assistant Prosecutor Sherwin. Hon
D. X. Cartier appeared for the defense.
The case was briefly stated to the jury by
the prosecution and defense. Mr.. Cartier
said that the defense would hold that the
occurrences OF the occasion of this disturb
ance amounted by implication or expression
of an agreement to fight it out, and that, al
though this was violation Of the peace, vet
it did not come under the statute against as
sault and battery.
Mr.. Ingersol gave his statement of the
case. He was taking dispositions in the of.
fee of Paine and Wade. Mr.. BresIin acted
as a notary and took down the answers Of
the witness, who was Mr.. Doolittle. In
writing down the reply to question Mr..
Breslin did not write down the exact Ian
guage Of the witness. Mr.. IngersolI claimed
that the exact language should be put dow1t.
Mr.. Breslin said he had got down what mea,rt
the same thing. Mr.. Ingerson insisted u ,
on the exact words being written down. -
Upon being again told that the report was b q
same in substance as given before, the wit =
ness then said that he considered it enougi h
for him to go to the Office of the notary o
take depositions fairly and he claimed h e
had not been treated fairly. Upon this Nj =.
Breslin left his desk and advanced eloseI Y
upon the witness and threatened him wit b
oaths and menaces. The witness then sal
that he could not cope with Mr.. Breslin i l
that kind of language as his (Mr. B.'s) fe =
male acquaintance gave him proficiency
in that kind of language which the witness
could not compete with. Mr.. Breslin ths IL
struck the witness in the cheek, and the
scuffe commenced.
Mr.. Cartier asked if the deposition was
signed by the witness, and he said it pur-
ported to be, although he had not Sc en- the
signing.
Mr.. MARITIME, who was in the Office, testi-
fed to substantially the same account Of the
affair.
Here the prosecution rested.
R. F. Paine, Esq, was called for the de-
fense. Mr.. Ingersoll had related the cause
of the meeting. Mr. Breslin was out when
Mr.. IngersOn and the witness first went to
the Office. He came in, and the deposition
was commenced. During the examination
in chief, there was a little difficulty as to
some matters, but nothing serious. In the
cross-examination he left the witnels to Mr..
IngersOll principally. He, (Mr. P.) went
into the other room for moment, and while
there heard question discussed as to an an
swered question. Going back into the Office,
Mr.. Ingersoll and Mr.. Breslin were getting a
little warm in the dispute. The witness,
Mr.. Doolittle, was applied to, and said the
answer was down as he gave it. He, (Mr.
p started to go back to the back Office, but
heard Mr.. Ingersoll call to him and say,
d" Mr.. Paine, would thank you, when I
come to take depOsitions with you again, to
take them before somebody who is not hired
by you to give unfair reports" Upon this,
Mr.. Breslin told Mr.. Ingerson that if he
accused him in such style, he would whip
him, or something to that effect He, CAIr.
P.) thought the two were about equal in the
dispute, although Mr.. IngersoIl did not swear,
while Mr.. Breslin did. They both talked
very fercely, and very excited. When the
last remark by Mr.. Ingersoll was made, Mr..
Breslin struck him, but the witness was con-
fdent that it was not with his fist, but with
the back or the palm of his hand. He, CMr.
P.) thought if they stood up and "Heenaned
it out, Breslin would whip, while if it was
tussle," IngersOn would whip Brsslin,
and he had little sympathy with the latter.
After they got down, Mr.. Paine tried to pull
prasIiu off and thnrgbt he rr,,,l5 -. :