Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-08-20
The Assault on Hon. X. ". Whaley BY
BoeguSteiu and Nolte


CA0rges Against Mr.. Whaley, ioho is also held 10
Security 10 AnslCer before Court.
Yesterday afternoon at six o'clocka large
crowd of persons assembled at the Fourth
Ward station house TO hear the evidence in the
case OF A y Boernstein and August Nolte,
charged with committing an assault, with
in tent 10 kill, upon Hon. X. V. Whaley, ex-
member OF Congress from Western Virginia.
The alleged assault was committed on Monday
night, the 9th INST, and the next day was ap-
II. Chase, but at the time set IL was found me-
cessary 10 postpone the case, because of the
severe injuries which the plaintiff had
received, and from which he was confined TO
his bed. The parties to the transac ton APP
peared before Justice Chase at the hour above.
mentioned yesterday afternoon, Mr. bernstein
being accompanied by Mr.. L. q. Hine, as
counsel, and MT Whaley himself appearing
Mr.. Whaley having been sworn gave his
residence as Point Pleasant, Mason county,
West Virginia, on the line Of the Ohio river
lew hundred miles from Cincinnati, and in
response to questions from Mr.. Hine said that
ne was here settling mp some matters in con-
nection with his business as late collector Of
stated that on the evening of its occurrence he
was sitting in the front part OF Mr.. Henry
Burkharts house, on Delaware avenue, be-
tween and streets, coRverslng with Mrs.
Burkhart; saw Nolte pass, and called after
him, but he took no notice; soon after saw
Boernstein pass; there may have been about
twenty or thirty feet between them; he got up
and went away in the opposite direction, to-
ward ! street, until he reached the railway,
and saw tram pass; heard the sound as of a
policeman's club on the ground, and heard the
words, Here's the son Of b-h! kill him -
Here's the id scourdrelr' Bernstein
struck at witness with a club, and missed hIm,
he having warded off the blow with his cane;
Nolte came up and Joined in the attack: wit
ness struck him blow with his cane, and en-
deavored to ward off the blows from their
clubs with his arms and cane, until the cane.
was broken; endeavored TO seize Boerns'ein
and was caught by the collar, Note striking
him again, when he fell; raised up and asked
them If they meant TO kill him; Boernste in said
Yes, I'd d-ny you" witness raised up again
on MS knees, when he was again knocked
down; man then came up and Nolte ran
away.
Cross-examaned by Mr.. Hine-Went in the
opposite direction to that Of the accused: IL
was about half past nine in the evening" it was
not dark; there was no lamps where he was
attacked; did not throw any stones; Boern stein
said ''Here's the ID son of -, kill him.
warded OF the blows with his cane until il
was broken; Boernstein had a black eve for
several days before: witness had been pre-
vieusly on good terms with him; did net
threaten 10 kill him; only said he would de-
fend himself; witness resides At Point Pleas
ant, Mason county, West Virginia; had never
threatened Boernstein's Lire in the presence of
ladies; did not reside with Mrs. Ammons, but
mad taken several meals and had lodged there;
occasionally took cup Of coffee there; Boern-
stein tried to blackmaii witness for the benefit
Of this woman, MRS. Ammons)
at this point Mr.. Whaley objected to further
cross-eN am nation, when Mr.. hine stated that
1t was material to the case to know that the
plaintiff mad gone to Boernstein and told him
that he was tired of living with Mrs. Ammons
any longer, but was willing to leave a hun.
died dollars with him (B) to assist IN her sup
port bernstein suggested that the money
should be deposited in bank, to which w. re-
Piled that that could not be done upon the on
ditions desired. After awhile It had been
agreed that bernstein should receive what
ever amount w. might wish TO leave; but no
funds We're ever left with him, and subse-
BIS life. The evidence for the defence, Mr.
Hine said, would show that the prosecutor
committed the assault himself. upon his client,
stead OF the reverse, as alleged.
Mr.. Henry Burkhart sworn, testified that
about three weeks since, on Saturday night,
MT Whaley came to his house. and while him.
self and Whaley were sitting outside OF his
store. some one came up and suddenly struck
him (witness) a couple of blows over his head
and then the party struck Mr. Whaley over
the head once or twice. Did not know who
committed the assault; but subsequently MIR.
Boernstein sent word TO wItaess that he was
sorry for what he had done. and did IT through
mis- take. On the evening of the last assault
saw Boernstein and Nolte pass by his store,
when witness advised Wnaley 10 60 away, a
be had already had a difficulty with them, ana
Il was best TO avoid another collision. WhaIey
left his house in an opposite d.
rection from where Il. and " Were going
aw, Joseph Daniels, Robert Nelson, and or
.CeIs Maliace and Howe: suostantiates the evI-
.enee as given ABOVE, WIN tue additional FAC
tLat .nise IehhIe Vote, VINO s"etrs that shet
: .m eue OStuIIehCe, auu ina "ntI-y was th-
e.. . wa ION .ns EtouEi, nor ala sue
.,, N nc nei appearance ui 'ue uil iuIty Was
The evidence for the prose- u;ion then closed.
when witness on the defence Were called. tns
first one being
knavS Roernstsir 90 JTno,s, 81. -, -; $40
hesrd Mr. Wbeiar o. 49, ,h., -, -.a.'
1nrss 40 h,acsny,rd NJ pn.ra.', aSIon
ma he GonIJ ~, ~, a., ~, -, GU say
h. occnrranca rhiia N,a,s,, IN ~ Ign vi
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80 49, -'lII men
10 a. ~. .nra ,J; me- as sd"
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- -. "a, :, lay 80 ueh 70 WIN Cdue' n
s an w Noi.e rusnee IN, ana II. took me cane
I'm naeS Eaugnt nIln around the waist,
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nc sohs-
~ IL Ia anu ns.ein Ior some TIME.
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y 80 .n, ne ~ uus VI N, 1ue nsut oi tne stn
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.s,.hi,shsn w nnu 10 Pi a nau ys. oeen
ed 10 give evtdsncs in NJ PP%' dasanop Per MI
nr.s 0,arrriad S lue
To- w no said mai he shonIS rear - , ~. Jus
- NoIis snH ,nan &C =. neai .ns
u AZ ana sns ~ WndI ~ was worth.
,cnr,- nU sn ssaseo inat on tne nignt OF the
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