The New York herald., 1873-05-11
THE BLOOD OF JAY GOULD.
What it Cost to Slap Him in
the Face. -

Special Sessions Result Of the Recent Rem
contre in Observation-Disclosures Fined
5000 and Held in 81, 900 toKeep
the Peace for Six Months.
The ong-talked-0f case of Jay Could Joseph j.
Marrin which has already been postponed several
times, was finally brought to q hearing yesterday
In the Court OF Special Sessions
Both beligerents were present, with their re-
spectve counsel, long before the opening OF COURT
each accompanied by host OF personal friends,
representing the leading financial and professional
classes of the community.
Punctualy at the usual hour Messrs. Shandley.
Bixby and Coulter took their seats, the first named
presiding, and announced their readiness to pro-
ceed with the case.
Another case which had priority on the calendar
was called. but adjourned TO future day. Mr..
Clerk Johnson, in clear, ringing tones called for
Joseph J. Marin and then for Jay Gould. Counsel
responded In due form, and the defendant, ON
being called to plead-a charge or assault and bat
tery--answered, "Not guilty" Mr.. Jay Gould, tho
complainant was then called to the stand. Judge
Shandley then asked the witness as to when ne
was assaulted and by whom, when Mr.. Fullerton
Of counsel for Gould, demurred and requested
the Court to defer Mr. Gould's examination until
Mr.. Ira Shafer for the defendant, objected to the
order OF testimony sought to be adopted by the
complainant contending that the statute distinctly
provided that the complainant himself should be
first interrogated. The Court sustained Mr.. Shafer,
and Mr. Gould proceeded to give his evidence as
follows He stated that while dining in Del
monicO's restaurant, in Broad street, in COM
pany with Mr.. Charles ]. Osborne and Mr.. Lansing
O. Moore, he was approached by Mr.. Marin;
Mr.. Marin asked witness why he had not
answered his letters; witness told him he was in
the habit OF receiving SO many letters he had not
time to answer half Of them; Mr.. Marin then said
he wanted an interview with him; witness replied
that he did not want to have any more bother with
him, when Mr.. Marin .drew on and struck him
with his fst.n
Judge FulertOn-Was the blow hard Onei
Jay Gould-It stunned me tor q moment and
started the blood from my nose, which bled for an
hour.
Gould was then cross examined by Mr.. A. SurlI.
van. In answer to questions from the latter gen.
teman Mr.. Gould SAID ~ have known Mr.. Mar
me in behalf OF a Mr.. Allen was seated on the
side Of the table facing Broad street on the day Of
the assault
MIR. Sullivan-were you frightened when he
struck you z
Mr.. Could after some hesitstlonl-No, sir.
Mr.. Sullivan-Did not Mr.. Marvin say he wished
Allen, in which you had dish0norably failed to carry
ent good faith on your part, and which had placed
him in a false position with his own client
Jay Could really can't remember.
Mr.. Sulllvan-YOur memory is not so accom-.
modating on some points as Others. What hand
did he strike you with
Jay GOuld-I can't say.
Mr.. Sullivan-Was his head not bowed down and
your face turned sideways towards hims
Jay GOuld-I don't remember exactly.
Mr.. Sullivan-Did you get up from the table when
you were struck
Jay Gould-I rose up and sat down again.
n
Jay GOuld-No SIR; sat there with MI. Osborne
and Mr.. Moore, but did not eat anything.
cution, said he was . stock broker; was in Del
monico's that day. heard the blow, but did not see
his business to take care OF Mr.. Gould.
Mr.. Sullivan (sarcasticaly) y)-And MIR. Gould takes
Snively was then cross-examined as to his CON.
nection with Jay Gould; he admitted doing bust
that that day he he merely merely came in to show how him the mar
ket quotations this witness also stated that q Mr.
struck, and further stated that he was sure Mr.
Marin struck Gould with his left hand.
Mr.. l. G. Moore and Mr.. @. ]. Osborne were then
examined. They testified to having heard the
blow but did not see it struck, being at the time
engaged in conversation with others.
own behalf. He is a gentleman OF o very pale cas
Of countenance, entirely destitute Of color, and
gave his testimony in clear and distinct tones He
said On the day In question went into Del
monicos, and there met MIR. Could; accosted
him in quiet, gentlemanly way; he insulted me
my client came to my ONCE and told me Jay Could
| was in Delmonico's and went there to see him.
Defendants motive elicited objection from Gould'a
counsel, and after considerable discussion waa
Ii Mr.. & snaier@if the Court pleases wish to be
heard on this question. 1t s material to show the
motive Of the defendants going to Delmonico's a
well as the anlmus Of the prosecution. Mr.. Gould
| had betrayed bau faitn In his dealings with Mr.
Marin, deliberately violating solemn pledges and
proving false to him. as he has been to others, and
involving him in complications with his clients
Judge Shandley-We shall exclude all testimony
prior to the actual occurrences in Delmonico's.
Mr., Marin continued-I placed my elbow on the
table and my head on my hand and spoke to him
in low voice. said ''Mr Gould, wish to talk to
Allen nothing; gave him some brokerage J" Isaid
sTnat's not the point, MIR. Gould you made certain
made certain pledges to my clients; your breach
OF faith has involved me In ENHANCEMENT with
my client; want to have an interview with you
sneering tone, IL have no time to talk with you,
and don't want you to bother me any more - then
drew back my hand and slapped him in the face,
not with the intention OF assaulting him. but to
hurl back the ndlgnlty cast upon me by his insult.
up and showed the position in which he
and Gould sat. He said III / struck out at him
with my clenched fist would have naturally struck
him under the ear II struck forward l would
have to get my hand in such an inconvenient posi-
tion could not hit him hard. As said before,
assaulting him, but only to resent his insulting
demeanor. stood there some time, to see II any.
nor did anybody lead me away, as has been stated.
Mr.. Sullivan then summed up for the defence,
and was followed by Judge Fullerton for the prose.
cution. Counsel made long speeches, and INDUCED
freely in personalities Justice Shandley finally in.
terpOsing with the announcement that the Court
had heard enough.
Justice Shandley-The Court finds the defendant
guilty and imposes fine OF $780, and further
quires the defendant to md sureties for future
good behavior In the sum OF $1,000.
Mr.. Marin Immediately gave his check for the
amount OF the fine, and some friends executed the
necessary bonds.
WATCHING NOTES.
The schooner yacht Resolute, Mr.. A. s. Hatch,
" hair