The New York herald., 1871-06-15

A Man In philadelphia Convicted Of an
Assault On American Girl.
OFFICE Or THE IOrSr BREEZE PARK
ASSOCIATIONS, 2ao SoLIH SiATu STREET,
Ina 4

4
ASSOCIATIONS. 2ao SolIH Si.Tu sfEAGr. !
PHILADELPHIA, june IL. 1871.
To THE EpIroR or TnE nEeAID--
You VIII see that the Point Breeze PARK Associa-
tlon has fully vIndlcaed its character for fairness In
the conviction vi Fleet for has assault Oh Anerlcan
Girl. by this aclion OF our courts the owneIs of
Iast lorses wi be assured prorocEon Tor all tiae To
come 1T Point Breeze PARK. Fleet VIII b. sentenced
shortly, when reward OF $aoo VIII be offered for
the person Or persons connected with ni,n III the
outrage, A. A. LECnLER, SeurcIary.
from the Pn,ladclpha Public record gciaay
Juue D.
The case oi James Fleet charged with committing
an assault anu battery Benjamin Duniei. VITA
an aggravated ASSAULT and battery, and VITA an iis-
sau.t ana battery wlth intent to Xii, trcd ,es
giyen tne readers OF fUoln Record ~ .b. re-
port vi The races at the PUilt brceze Park on tne
45tn OF May ilst. Some threw coat IA iruat OF
the leading horse, the Atnerlcin Girl, tnl 0cca-
sion, aud the defendant wa, Charged Wifil commit
ting TINS act WIN Intent % cneck speed ANA
fcat her elorts Tor success. ihc president Vi the
ASSOCIATION testided that the ASSOCIATION WIS
a private one; tnaI 1t was designed L. encourage
the breed and increase the sped OF Aor-es;
that the races referred 10 we're but perlodi.
Cal eNniU lOIs ut the asSOcla.iOn, and
not pubic races; that he saw spTle one throw an
artlCe, Wncn he coui not ilstingis describe.
as he was on the judges stand, yards or az tne
time. otner witnesses ideutiled the deu.tian, a.
the person Who threw q coat In 'front.' oi morse
whiie she was ieLtilg IN Toe Cvnteat Of speed.
Mf. j. L. ford appeared Tor the dciendlnl, but
relying upon legal oectiol 10 the VALIDITY ot TIE
dictlncnt h.r James h. ucyeiln, assisted ~ SOlo-
Lei A. A. Lecher secretary of the associaIon citcl
maDy Legal authoiiiles In supper. of TN enafpc
snoWilg mar All assault upon morse assault
upon TIE rider Or drivers, ana ID tnaL assault should
cgnse serious INJURY deain to the driver, lie
saialt would De responsible according 10 the de
gree OF tnat injury.
The facts ol ta.s case seemed 70 be considered,
anu really were, or less I'm ooftance tnan ele legal
principles involved
Juige ALISON, IN his charge to the jury sai taat
ordinarily the least touching vi the person t0
other, with intent 70 do vloenCc, was assault and
battery. II man II aoing INTO church, ur eater-
ing your house, with AN latent 20 create u disturb
ance, you MAJ put Nun out, II you us9 no mora
force tlan Is necessary, without commlttInr IN as
sauiL aud battery. tne intent mas much 10 10 Win
the act, IN dctefniilinE the guilt lnnocencr ul
defendant. In thus case ~ ~ not pretended that tue
coat thrown did come in contact with the u.tver
Dut that ~ did come IN contact with the nvrse Tn
der the we.i.seitied principles OF law, AMI docsvns
upon ~ it makes no dlregclcc whether the coat
struck the horse VI the horse struck the coat H
mention was 10 strike the morse. me act word
tnen amount 10 an assault and battery on lle
urivcr In the absence VI direct proof 10 tnc
contrary, u was 10 be presumed tnat tho deIehuant
intended 10 do Just wlat occurred. 80 u man,
with closed eyes ares into crowd aud inJures any
person, the law declares, win reason, tnst ne III
tended TO inict tine INJURY resulting IRON MS act.
The law holds every man RESPONSE, dc for tc natural
anu legitimate Consequences OF has acts. Ill t,.is
drive lad Ucen thrown out of his slGy ald Killed
the defendant couid have been indlcCcd aud
vcted for murder, and IL might probably be murdcr
IN the first degree Ii the defendant went out
the crowd OF SPECTATORS on this occasion and threw
the coat or other Obstruction ~ inc morse. The horse