New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-21
TIE CASE OF ALLEGED ASSAULT.

STATEMENTS OF POLICE JUSTICES DUFFY AND FLAM-
MER-wIY THEY FOUND THE ACCUSED GUILTY
THE REASON THAT THE CASE WAS NOT AP-
PEALED-THE COMPLAINANTs VERSION OF THE
AFFAIR.
A TRIBUNE reporter called upon Police JUS
Duffy and Flammer yesterday TO inquire OF them
with reference their decision in the of the gentle
man who charged with committing an assault upon
Peter Murray The circumstances of the
were given fully in THE TRIBUNE yeser-
day Judge Fammer rather reicent, but
both he and Judge Duffy said that from the evidence
both sides they convinced that Murays charge
true II appeared by the evidence, they said, that Muir
ray was o man who worked for his living; that lie had
been arrested on any criminal charge, and
had before preferred similar accusation against
any "Tle accused person bore an excellent repu
tation," said judge Duly but there are many
of social standing with highly respectable relatives and
friends who addicted to such crimes that OF which
this man was convicted. when disclosure Is
made the friends of such mortified aud will
believe it, There several contradictions in the
state mens Of the who convicted. lie
stated that lie did business III New-York.
and 1t afterward appeared that lie had occu-
patton in ncighboring city, Later he said
that he was employed in collecting rents for his
mother but it discovered that his mother was una
bio To give him steady employment in that way In II
where there il no other evidence than the assertions
and dtnals OF complainant and accused we are
disposed give tie defendant the benefit Of doubt but
the evidence was strong against this man
that notwithstanding the testimony Of the
principal Of a school, who is also a friend
Of mine, 10 the accused persons good
reputation character, felt bound convict him.
We expected that the Old gentleman, after sentence
would certainly appeal his to higher court, but all
that was done alter the imposition Of a fine Of 500
was that his friends complained that the fine WAS
excessive. and asked that il should be reduced After
CONSULTATION with my colleagues We reduced the fine 20
$50, which accordingly paid. Before passing
tence asked clerk, Mr.. johnson, who seen many
similar nature in court, what he thought OF
this and hc replied that the voice and general az
peance of the accused sufficient evidence against
him."
Mr.. JOhncOn told the reporter he had many men
brought mp such charges and nearly all or all Of them
had peculiarly in the voice. The accused had such
popularity and also had look similar that OF other
persons who had been found guilty Of such crimes. When
asked his name, he gave false name.
Justice Smith, who in favor OF the aeaultta OF
accused, Lad gone OF tie city yesterday, and will
probably be absent for the remainder OF the week.
Friends OF the accused stated yesterday that his
occupation had varied at different times and that he has
been engaged In than pursuit at the time.
His health has been OF late years owing to dyspe
and lung difficulties that has not been possible for
him do any business that required close and constant
attention. he has unable to do anything
Only witnesses allowed to take the stand and
testify TO the good character OF the accused,
and when these were offered objection was raised
by the Court that 1t would occupy too
much time The school teacher to whom reference was
in the article Of yesterday, and TO whom Judge
Duffy refers, was not put on the stand, al
though he very anxious TO testify. All
that he said said to Judge Duffy In
private conversation after the sentence had been pro-
nounced The fine then reduced 10 $50. The friends
Of the accused held consultation to the best
to pursue and 1t ut first thought best 10 appeal the
case, for they positive Of the mans innocence and
thought the evidence they could furnish Of his good
and chaste character would satisfy court which
could give sufficient time TO case. But was after