New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-10-09
The Atkin.on A.sauis aud Battery Csse
The Trial AZ shc Cour, Of GcneraI
N<ssions.

The most interesting case which came up be-
fore justices Downing aud Kelly ut the Tombs Court
of Special Sessions op Saturday morning thst q
assault and ostt'rs broleb b. Mr. Loe sgnins to
brolNers " L.aia and Charles Atknsou. The pdTtle'
concerned. II secns are politicians sud Tie difficulty
bctyrc1 them took place on the pavement In font q
taa Republican headquarters, corner Of Brosdsey md
1vcnty.thiTd-s. 1t b. last piimsry election: u up
pears that ifeeling hal been excited between
The accused aud complainant during the election, cut
initiating ~ Wa alleged. 10 display OF personal
violence Immediately after or during the meeting AL
the parties concerned wear The gsrb and have tde
temranor ~ gentlemen, md considerable surprise was
ocoasioned that they should sppcar before police
magistrate under such cirCuuslancea The accused
pleaded cot guilty.
THE PROSECUTION.
Tho CON p,Auant testified that be standing quietly
on the corner Of Broadway and Twenty.tbird-st. IL
con, ersstion with friend when ons o. the accused
BEGAN 10 heap upon BIS head torrent OF violens ahuse
hich 10 did not return IN kind. The man aftorward
struck hir, and quite crowd Vas attracted 10 the
seene Of disturbance The other defendant also struck
him. The names Of the parties WHO assaulted hin
were william and Chsries Atkinson.
william Drummond. being sworn. depcsed I was
present on the sidewalk g. the time Of the assault
phi.e the complainant, Mr. Lee. explaining
thiug that bad tsken place up stairs, MI Atkinson
began TO call him disgTacefnl names and alters lrd
struck hun; was eober at tho time Mr. Lee Used 60
epitaes.
Another witness partially corroborated this state Of
facts bot could not tell where Mr. Lee was struck,
hr view obstuctoc al the time: the blow ali
bet could DOT say whether il struck Mr. Leo cr not di
not hear Lee cal AtkrSon any nlme6,
The nett witness was a Nj. Hart. who deposei that
he pTcseu. during the difficulty S0a hr. Charles
Atkinson rusA through the crowd and strike complain
ant the nosei rot acquainted NTH any oi the
parties; did not Mr. WillIBm Atkinson strike hr.
Les at all did NOT kno. whether compairaut was
much hurt rot; remained on the spot til Mr.. Thcmp
son arrested.
Mr.. Tnompion tes.i6ed;--Wss present az the diff.
Guilty: witnessed " r,m Atkinson strike complainant
twice full In front, while Charles Atkinson struck ne
him from behind he'd not expected that there would be
any trouble during the evening.
Cross.examined--W ilism Atkinson struok Lee
twice the blows falling the nose. tho PoiIco irter
iorsd. and u ere quito crowd; did not zoe Mr.
Leo Fall.
THs DEFESgE.
The first witness for she defense was Thomas Con
way who lesiied: was there nt about 1t witnessed
the difficulty; complainant cauc ct about " O'Clock;
could not OBTAIN edmiitanoe At that times Mr. Akin
son standing Oh the corner; Mr.. Thompson was
con We sing with Mr. Lee; Thompson said they had
them pce which accustomed dispute with Atk nson.
when Lee struck at Ak ison MIR. Atkinson did not
strike fnt- -
Officer McFarian deposed; Saw the difficulty at
about 81 o'clock and put stop 10 it; Lee called tSin.
sou some nsmes and Atkinson struck at Lee without
hitting him; AIN positive that Atkinson did net hit
Lee; saw no marks on Mr.. Lee did not see Atkinson
and Lee talking together at ALL there was crowd 1t
the time.
Mr. Gafcrty depcssd that he heard no names called.
and knew nothing about the stfikirs.
The accused were found guilty, and received orders
to be present Deit Saturday to receive sentence.