Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-03-15
CITY NEW -.
Mayor's Court,
City of Evansville, A.ganI,.

Capt Jas. II. Smith. battery
Capt. Jas. H. Smith was brought b,
fore bis Honor the Mayor, yesterday, a
10 o'clock, charged with having. on O
about the 9th inst, cor mitted an assault
and battery on J. W. Richardson tn
main features of the case having beef
heretofore published in our columns.
The witnesses for the prosecution wer'
Mr.. J. ". Richardson and T.. P, Brittos
Mr.. Richardson being sworn, testified
that on Wednesday morning a younf
man came to the stable to hire a horse
and buggy. He did not know the mas
but he said he knew Mr. Britton, ant
had frequently hired buggies and horse,
from him, and that he desired the buggy
to take the Colonel to camp a After moor
Mr.. Kohn told them that three soldiers
were in the buggy, and were:abusing the
horse Mr. Britton took horse and
Started after them, and found the horse
and buggy tied up by grocery on Main
street. and look possession of them. and
.branght hem 20 the stable As be drove
in he remarked that the boys had left p
csrpet-saek in the buggy, and aidthey
had better keep-it untiltbey psidstheir
yBiH
& The carpet-sack was then set away IN
the Office, and he san no more of thea1
until evening, when TX or seven men
came down to the stable with Capt.
Smith The Captain inquired if there
was a earpet-sack left there in the bug
gy. He said there was, and asked tile
Captaiuif il twas his The Captain re-
piled that it was not, but that it be-
longed TO drummer in his compan y,
and that he was responsible to him for
H. 5Richardson told him that he PRO
posed to keep the carpet-sack until tile
bill was paid, as the boys had not settled
for the hire of the horse and buggy, but
added that if the Captain would pay the
bill he might take the carpet sack and
welcome This the Captain refused to
do. Richardson then proposed that ne
should send up the boys to pay the Till
and get the earpet-saek but that he had
better pay the bill, IS he believed he had
been using the buggy, and that it was
his carpet-sack The Captain still re-
fused, when Richardson got up to go
home, as he did not feel well, when the
Captain struck him. Richarsond was
rot quite certain whether the Captain
had struck him with his clenched fist, or
had made grad at him. He being sur
prised and excited struck back, when the
Captain repeated his lick, but did not
q hurt him. That was the last he remem-
bered distinctly, but had the impression
that five or six of the men were on him
at once ga .
Richardson then got back into the Ia
bic and took down an iron square With
which to defend himself, when the sol
diers went cut of the stable He thong ht
be had struck the Captain once or wv ce
with the square Several of the soldiers
struck him and the blows fell thick and
heavy Saw some one get brick, did
not know whether it was a whole or a
part Of briek-think I Tended it of
With my arm. At the time the blow was
given there had been no insult either way.
He demanded the carpet sack and had
refused to sive-i . - g
Mr.. Britton being sworn, testified that
on Wednesday evening Capt. Smith with
five or six men came to the stable and
walked straight up to Richardson, about
the middle of the stable, and asked for a
carpet sack Richardson told him il
was there but that the bogs owed him fol
theuse Of the horse and buggy, and pro
posed that they might have the carpei
sack if they would pay the bill Captain
u Smith said he did not care about the bill
probably with an oath, but that he would
have the carpet sack Richardson agair
& refused, the Captain making the deman,
probably three times, which was as oftel
refused when Captain Smith ttrucl
Richardson andsthe other men Joined il
the affair." He was surprised and trie
to beat them off, when he saw the me
b get bricks and seemed ready to tbro'
them as soon as an opportunity shout
NIofsDI3 EETEIW GEA HAS =
When he had got the men Of, somwha
he went into the Office and got hatche
and come back, when the men had lief
IVY ''' Richardson had not offered 70 strik
when the Captain struck. Thought R.
hand was hanging by his side when th
Captain 6rst struck him and all the me
Joined in. The Captain had dcmande
L. the carpet sack and had been told it W.
there subject TO the payment Of Il
charges This happened in the city 7
Evansville, county of vanderburgh, al
% the State Of Indiana fnf
a number of witnesses were tht
sworn for the defense. Vim. f. bod
% testified that on Wednesday evening
eameto the Washington. House. CAY
Smith said he wished Dodd TO go wi
him to The livery stable. They IN
Richardson and asked him if there "
a carpet sack left in the buggy? Said
had giyenit to the men to take to cam
Having some duty to perform they h
ast neglected to leave it at camp, and ak
Richardson TO give tup. Richards
said he would not give it up until be "
: paid Capt. Smith said be was not
1 spons;ble for the hire of the horse,
was responsible for the carpet sa
e. Baehman said be had better give up
carpet sack Smith said he was
spousible for the CARPET sack. Richa