The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-27

@. Did you see any blows struck A. Yes, Shee-
hams friend struck tie landlord and then sheehan
undertook TO separate them.
q. What did sheehan say9 A. He told Mr. Baust
@ Did he arrest himS A. He told Mr.. Baust he
was an officer Of the seventeenth ward and then
took him by the coat collar.
@. Well, what then? A. Then there began grand
Sush; Mr. Baust was dragged TO the door; there was
Q cry for police.
tWO mentlonedY A. saw woman who seemed 10
be engaged in the muss, and Also man; was
showed out the door and then saw Sergeant Nc
Sergeant McCready-what did dor A. You took
Q. Are you positive l was the man you saw A.
Yes; you and two officers in uniform took away
Mr.. Baust and another prisoner.
Sergeant McCready-Was intoxicated?
Judge-You must ask no more questions until the
witness finishes his affidavit or your counsel comes,
when both sides can go into the cross-eSarnna-
witness resumng-There was a tussle on the Gel
lar steps, can't say who was on top; there was wo-
man there; two or three ran down. Sheehan's friend
might have been there and he might mot have
: q. Did you see anybody strike the womans A. No,
] did not.
Q. Could she have been struck and you not see it
A. Very possibly, although think should have seen
The barkeeper of Mr. Baust was here called up by
he Judge, the witness tod to put his hat on and the
former asked II the witness was in Mr.. Bausts
place on Wednesday night. 81 don't remember see-
ing him. said the barkeeper. ''Now, witness, |
don't want you to go away after your examination"
Witness resumng-The man with me used to
work with several years ago in the Morgan Iron
Works; don't remember his Christian name; his
hast name was Cohen or Cogen.
BY the Judge-It might have been Brown or some
body else How long since you mad seen this friend
A. Nine months.
Q. where does he reside now A. Don't know;
Mr.. Benjamin 4. Rhodes was foreman of the Morgan
works when worked there; my friend went by the
name OF "Fatty;' had been eating oysters before
By the Judge-Mr. Baust and your witnesses, now
step up here. Did any OF you see this witness IN
Nj; Bausts saloon last "Wednesday nights
answered all the witnesses.
Judge to the witness-I have no idea you were in
there ] think you have worked yourself into a
scrape from which you will find it difficult TO get
Witness-I have sworn to my statement.
judge shall put you in charge OF an officer, and
the witness was at once put IN an olicer's charge.
Sergeant Sheehan-l want the Court TO assign ME
counsel.
Judge-I have nothing to do with assigning you
counsel. That's your own look out
=. Sergeant Sheehan-Won't you adjourn the case TIL
can get counsel
Judge-Thele is no necessity for it. The witnf sses
can make their anidavits anu be cross-questioned
afterwards.
Sergeant Delamater deposed that on the night Of
the 23d inst he was in command OF the Seventeenth
precinct station house from six O'Clock until twelve
about eleven O'Clock Sergeant McCready and officers
VOss and Axtell brought in three prlsOners-Mr
Baus, Mr.. Caller, the barkeeper, and Mr.. Schitkncht
Sergeant McCreadY made charge Of disorderly con-
duct against them and asked me to take the charge
which did, they were then locked up; did not see
any OF the officers strike any person IN the station
house don't think they could ,; STRIKE iS any Sne W
70 speak, and Sergeant IcCready TOOK hold OF him
iamater;h about ten minutes after eleven officer
Sheehan brought In prisoner, jacob Smlth, ana
cited, bnt could not say they were intoxicated.
stephen Axte was the next witness called:-i am
apocsman Of the seventeenth precinct; know the ne
Third street; on last Wednesday evening while on
post heard sergeant's rap and went Immediately
up to Mr.. Bausts place, where the noise came from;
upon arriving there and pushing through the crowd
found oflcer Sheehan dressed In citizens clothes,
down the cellar steps OF Baust's place with Baust
on top OF him; took hold of Baust and pulled him OF.
q. Did you see any woman thereS A. Yes; she
took hold OF me and said she was Mr.. Baust's wife
and wanted should stop the muss.
Q. Did anybody strike this woman? A. Sheehan
struck the woman in the breast twice got the
anybody; ! saw no one with Sheehan: McCufy
might have been there; good many were there:
walk; TINS was after the muss was over; don't
know who gave the single police rap; Mr. Baust went
lnto the saloon after the difficulty on the steps, he
had not been arrested then; he was arrested right
Afterwards; Sergeant McCready came to the door
and said he wanted Baust arrested; several had hold
OF me, some pulling one way and some another: the
Sergeant told me to arrest Baust, which did, took
him to the station house.
O. who made the charges against him after he
was taken to the station house A. Sergeant Me-
Cready; brought Baust TO the court next morning;
made no complaint against him.
BY the Judge-Did you fetch one or two prisoners
before me that morning. A. Two, Baust and Schid-
knecht
Schildknecht II was rather dark In the cellar Bau-
was top Of Sheehan; woman got hold Of me, aud
J went in to put stop to the muss.
Mr.. sheehan-I never struck Baust more than
Child unborn: take my dying oath OF II.
Counsel for Baust-lt Is very SINGULAR 'hal Mr.
Witness, resuming-Dld not hear any abusive Ian
guage Sergeant McCready told me 10 clear away
the crowd; did not see the Sergeant strike ANYBODY
ri the station house, but saw Sheehan strike JdcOb
Smith before putting him into cell; Smith was al
rested at Bausts place.
nv sheehan-Are you positive T struck smith or
pushed him into the ceS 4. 1t might have been
push, " looked like a blow
Witness, resuming-When brought the prisoners
into court said that had no complaint to make,
and THAT ! arrested them by direction of sergeant
hcCready; supposed he would make the complaint.
Officer Maloy, who said he was not tie original
PAT MAOy, but bis son testified a. 1oliows.-i be-
evening, about haif-past ten o'clock was at the
corner Of First avenue and Fifth street: heard a
single cry and ran down FIRST avenue, and arriving
VI Third street, saw some thirty on forty per-
voice OF sergeat McCreadv saving. "I.et
by both hands hold Of the collar OF lis coat the SER
goant said "l.et me CO." two or three tunes, when
stepped between them and told the man To let the
sergeant go and thathe was Scrgean; McCready: dd
not know the other man: officer Noss arrested him
and took him ia charge; heard afterwards that the
man was Mr.. Bausts barkeeper: crowding my WAY
up the steps saw two or three men and q woman
al IN heap Jumped In to separate them IN the
iangle fell down. don't know any Of the parties:
when got down 10 Sheehan I recognized him: IN
the wrangle dog caught me by the pantaoons he.
Mud which reused me; a man and woman went inside
and closed the door; Sheehan not in uniform:
peant McCreq1y ordered the arrest Of those arrested
be said they were all dsordery and he would break
mn the place: Mr.. Baust was seated In chair when
srrested he was then bleeding from his wounds: the
sergeant and officer Axelle went inside; remained
sutside on the door step: neither the Sergeant or
Sheehan had on their uniforms; the policemen max.
ing the arrests were IN uniform.
q. was Shcehan drunk A. can't say he was
and ca
o. What was the condition OF the SergeanlY A..
Think he was sober; am quite positive he was: saw
no one struck that evenings the lighting was about
aOne when got there. . -.
Jacob Schmidt next sworn! reside at Ga Fourth
street aud am butcher; heard row ~ Mr.
Baust's place and went there; some men were beat