The New York herald., 1869-05-21
SPECIAL SESSIONS.
Before Judge Bowling

The calendar yesterday was light, consisting o
fourteen charges Of assault ana battery nine of petty
larceny and two OF malicious mischief AS about
half these pleaded guilty, the caendar-which is
always the case when Judge Bowling is on the
bench-was hurried through with Napoleon-like
despatch.
LITTLE AFFAIR OF LITTLE POLICEMAN.
Oficer Little, OF the Eighteenth precinct appeared
as complainant against Patrick Clark, whom he
charged with attempting to rescue prisoner and
beating him. The officer stated that he went to the
foot OF sixteenth street. East river to put an estop-
pel ON o prospective prize fight. He had accom-
piished mis- purpose and arrested one Of the prnci-
pals, and was proceeding to take him to the station
prisoner and though failing to do this, did not fail
in lnnicting severe bruises on his person.
az Sn q s s
al narrowly escaped with my life, n0twithstand-
persisted "a the pnsca'ned Oosr ocer
"what became Of yourlprisoner-the prize fighter,
mean,n pursued the Judge.
"0h, hung on to him tight. He did not escape
Onicer Bishop gave tragic recital Of the use Of
nsts and feet made by clark upon the complainant
"Any other witness ~ called out the Judge to OH.
II could have brought any number, but did not
think 1t would be OF any USE" spoke up the ofcer
'What do you mean by 'user" sharply interro-
gated the magistrate "any reflection on the Court ~
"Oh, n0;' apoogetically replied the officer.
The prisoner requested to be sworn on his own
BEHALF In compliance with the late act passed by the
Legislature, allowing accused parties this privilege.
He natly denied the statements OF the two police
men. He said he had nothing to do with the prize
t she time knowing nothing about any conempiated
prize fight. and the man arrested being q perfect
stranger to him, he asked the officer the Of the
arrest; instead OF his pitching INTO the oicer the
offcer pitched into him and arrested him; when
ofncer Little was unable to show a single bruise ne
showed several. He showed that he was hard.
working cartman, not given TO prize fights or fight
Ing policemen.
conclusion.
PRISONERS SWORN ON THEIR OWN BEHALF.
The next case was interesting, as showing the
course Judge Downing intends to take under the
new law alluded to above regarding the swearing OF
prisoners on their own behalf Two c0lored gentle
men, John Brown and William Stevens, were charged
by johnson Berry, also colored, with banging In the
door OF hts dwelling and sh0wering him with paving
stones and kindred gentle missiles. Berry's abode
is at the corner OF Thompson and Houston streets.
The occurrence IN question was at four A. NJ. and
the prisoners, he alleged, were "tght.n They
because he would not let them In. forced their way
In and let nv at him the paving stones some Of
which he produced rs corrooorative OF his story.
"Dont you keep gambling houseW asked the
counsel for the prisoners, OF the complainant, In
cross-examining MIN.
'You need not answer the question unless you
choose, said the Judge to him.
~ choose to answer It," spoke up the complainant.
"and answer 1t; no."
"and LET them testify on their own behalf.n
"They cannot testify for themselves" answered
the Judge, 'unless at their own request"
"But request II, /" insisted counsel.
.Your. request don't amount 10 anything; II must
come from the prisoners themselves,m replied the
Judge
Il insist that it does,n further insisted counsel.
They are my clients My desire is their DESIRE l
speak for them"
after reading out loud from the Statutes THAT no
defendant shall he sworn, unless at his own specia
request. The law makes explicitly this provisoi
The prisoners having requested 10 be sworn were
each sworn, and each In turn gave his version, OF
the affair. Their sworn statements did not help the
matter for both were found guilty and each SEN
tenced six months to the Penitentiary. In passing
septence the Judge stated that any case where the
defendant Is sworn on his own behaH and was
proved guilty, he should mete out to hun the fullest
extent OF the law.
Something like the height Of GOODNESS was ex-
hiblted In the next case. James Lyon, young man
OF very stylish appearance was arraigned on
charge OF assaultng an old and very respectable
looking gentleman, william Fitzpatrick. ON sun
day afternoon Mr.. Fitzpatrick was reading news
paper on the porch OF his dwelling, when the pri-
souer stepped up and asked him to take him in
the house and give him something 10 eat As this was
about Tour O'Clock and rather remote from any meal
hour In his house. and altogether as the request
seemed audac0usy cool, Mr.. Fitzpatrick very quietly
but firmly refused to comply with the request
"How did ne take your denialSo asked the Judge.
Gle struck me powerful blow between the eyes,
Knocking me nearly senseess ana breaking my
spectacies TO smithareens" answ cred the old gentle
man.
"a roaring young Lyon, going about seeking what
ne could devour," said The Judge. "ADy ques.