The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-11-15
THE ASSAULT UPON JUDGE
UNDERWOOD.
Examination Retore tho United
States Comrnissioncr-The Accused
Sent OH for Intieamcnt-Bafl AL
lowed.

The case of the United States rs. w. n.
Nc Weigh, charged with assaultiug and i'm.
Ncding John Z. Underwood, Judge Of the
United States District Court, while on bis
way TO discharge his duties as Judge, was
before Commissioner NJ. +. Pleasants yester-
day for examination.
The case had been set for 10 O'Clock. and
all the witnesses We're present except Judge
Underwood, whom the counsel for the de-
fence insisted upon examining as the first
witness. As he was holding his court at
that hour, and his attendance could not at
once he secured. the Commissioner adj.
journed the case until l2 NJ
At that hour the Commissioners office was
crowded with those anxious to hear what
the Judge had to say about the affray.
We. Worthington, Esq, assistant district
attorney. represented the prosecution, and
Judge ". W. Crump the defence.
Judge Underwood being sworn. the Dis
trict Attorney commenced the examination
bv asking him to state whether he saw Mr..
W. y. McVeigh on the lltlI day Of Nuycm-
Der: TO which he replied that OH that day,
while Oh his way from the cars to the court.
room, he had met him at the corner of Ninth
and Main streets that, as he had been be-
lated he was hurrying down lest the legal
profession should be waiting for him.
Mr.. Worthiugton: Where did you first
see Mr.. McVcish:
Judge Underwood: He was standing on
the sidewalk. met him and attempted to
pass, when he accosted me, took hold of my
coat, and put his list in my face several times,
but did not brui>e or ipjure me in the least.
He struck me before l saw him.
Judge Crump: Had YOU appointed any
time TO hold court:
Witness: Yes, sir; think the hour had
been fixed at II O'Clock.
Judge Crump: When was the adjourn
ment ordered!
Witness About three weeks ago. My
impression is it was announced that court
would meet at II o'clock, but it may have
been 10 o'clock.
Judge Crump: When you met Mr.. Nc
Weigh on the sidewalk did he enter into con
ver>ation with you:
Witness: think he made some remarl
about my having kept him out of his pro
pcrty. As felt my duty urged me on t.
court ] asked him to let me pass. saw
that he was excited and angry, and think h,
said that had beggared his wife and chill
dren, and stolen his property. I did no
think proper to enter into any further con
versation with him, and attempted TO e
away. | did not see ans Of my friend
present. but think he had friends there. H
seized my cane and attempted to set it ava,
from me.
Judge Crump Are there anv cases pend
ing in your court against McEeigh.
Witness; Thele may be. ! do not know
\ question in reference 10 the suit pendin!
between Judge Underwood and McNeigl
being objected 10 by the District Attorney,
Judge Crump Said he proposed to show b,
the previous transactions between the paric
that Mr. McVeigh had prov ocation to maxi
Il personal assault upon John e.. Underwood
The attack was made upon the man and MOI
upon the judge. and he wished TO Introduce
amy and Ill evidence that would show that Il
be the fact. The Commissioner ruled out TIT
proposed testimony as irrelevant and I'm
Necessary to the objects Of the examination
In answer TO further questions, Judg
Underwood said that he had succeeded j!
getting out Of the way cf Mr.. McFeig
after being detained about ten minutes
That he then came directly on to the court
room and heard caSeS in chambers. That h
| had made no complaint against McNeigh
and was not aware Of the prosecution unit
after it had been instituted. He had bee
waited upon by person whose name he di
| not know, but he supposed it to have bee
police officer, who inquired whether b
| wished to make complaint, and he had sai
no.
Mr.. William Sncllings testified that he wa
near the corner of Ninth and Main when b.
| saw Judge Underwood coming across tn
street with sma! carpet-bag in his hand
Presently he heard noise, and turning
saw McVeigh have hold Of Underwood
cane. Heard McNeigh say, You old scoun
drel, you have bcggared my wife and chi
dren, and now you are stealing my furni
ture"; then saw Mcvcigh strike underwood
two or three times. Underwood did no
| attempt to strike McVcigh. He seemed t
| be endeavoring to get away. Neither OF tn
parties had any one with them.
Mr.. John &. Duff testified: Mr.. William
Snelllngs and were just turning the corne
| of Ninth and Main when we heard some on
say, You old scoundrel, you've robbed N,
| family and stolen my property" looked
| bag in one hand and a cane in the other, ant
| he didn't seem TO know which one 10 pu
down, but finally he put down the bag.
ing. McNeigh struck Underwood scvera
times, and took hold Of his cane witt
one hand. Underwood did not strike
ard made no resistance except he heit
on tight to that cane. don't know eithe
| McNcigh or John Underwood. saw the.
| couldn't hurt one another, and it was ful
| for me TO see two old men lighting. Under
| wood did not strike; he just squirmee
around; aud when he got loose he took vi
! bis little bag aud toddled on down the street
lie seemed to be glad to set away. McFeigl
appeared to be very much tatigued after Sc
much exertion. l do not know Me- elgh
but he has gray hair, and Pm little gra!
myself, so | had great respect for him. hat
read the paper every morning ID bed, ant
knew all about that house and furniture
business.
Mcssrs. w. II. Wade and John d. Snelling
were also examined, but testified that they
had not seen the atlray.
Judge Crump said that in view OF the evl
dence that Judge Underwood was not at tht
time in the discharge of bis functions u
Judge, und that there was no iutent to IMPEDE
him in the performance Of his duties, he
kmilsts ask the discharge of the accused
He said it would then appear that We
who have been under military domination
for years stand upon the same footing in 8
United States Court AS would 4 MasSachu
setts man before Il Massachusetts, commits
soner. We might, then, have cause to for
get the past and Danish the unpleasant recol
lections OF years. He presented the law o
the case most fully, urging that II McNelgf
was guilty of the alleged otfence then Judge
Underwood had the power to commit bin
70 isl without trial for contempt, that.the
statute of 1881, under which the warrant
was drawn, did not apply TO this ease.