National Republican., 1876-08-21
THE ASSAULT AT rHE CAPITOL.

George C. Ellison, engineer of the House,
was arraigned before Justice Mills, in the Po-
lice Court, Saturday, for committing an as
ssult upon the venerable Prof. Samuel Gard
ner, formerly electrician at the Capitol. The
evidence showed that Ellison was in the right
in not delivering certain articles to the Profess
| sor, as an order to deliver them had been coun-
! fernandez. Gardner was also right in de-
manding the articles, because he knew that an
| order had'been issued that the goods be de-
| liVered to him, and he did not know that it
had been countermanded. Evidence was also
| brought out to show that the defendant did
| not know that Gardner was an old man until
his wig fell off during the scufte and his ven
cradle years were exposed.
Mr.. Birney prosecuted the case and Mr.. J.
| Z. Hayden appeared for defendant. The fol-
lowing testimony was taken:
Mr.. Gardner, the prosecuting witness, testi-
| fed that he had been electrician in the Capitol
until two years ago. Ellison assaulted him
| Thursday in the Doorkeeper's room at the
| Capitol At the instance of Architect Clark
witness got an order for certain effects that be-
| longed to him, and went to the Doorkeeper's
| office to inquire for Harry Rogers, on whom
| the orter was drawn. A page was sent to the
| engineers room for Rogers, and in few min
| utes that gentleman came up, accompanied by
| Ellison. Ellison said that he did not want the
| goods delivered to witness. Witness said that
Ellison had 10 right to interfere with his bust
| ness, and he was then, after more words, as
saulted, receiving several blows, and being
| knocked down on the floor, after which he
was kicked.
Mr.. HAYDEN wished to have the witness strip
himself and show where he was injured by
kicking, but the court excused him. The
witness further testified, on discrimination,
that he was doorkeeper two years ago, and
laft nDna fhara 1hnrc1 n U a
get them through Mr.. Patterson. Ellison came
into the room of his own accord, and not in re-
sponse to a call from Mr.. McCord. On enter
ing the room Ellison went to Mr.. McCord and
had a conversation. Witness heard him say
that he did not want the effects delivered to
witness. Did not hear Ellison say that he had
received an order from his superior officer not
to deliver the bundles. Ellison said to witness
that he did not want witness to speak to him.
Some other remarks followed, and witness was
knocked down. Witness said just before he
was knocked down that he considered Ellison
thief. Witness had not had sew raj similar
difficulties, and had never been kicked out Of
the Metropolitan hotel.
Mr.. Birney here objected, and Mr.. Hayden
said that he wanted to show that the prose-
cutting witness, under
THE GUIsE OF SEEMING OLD AGE,
was in the habit of outraging gentlemen by
applying such epithets as ''thief7' and
id rogue" and further, he wanted to
show that witness could not get the order for
the goods from Clerk Adams, and SO got it
from Patterson.
Mr.. Birney read the order from Patterson to
Rogers to turn over certain gas burners to Mr..
Gardner.
The witness said that Ellison had not said
to witness that he had received orders from his
superior not to deliver the goods.
Harry Rogers testified that he was assist
pnOinpnr Of Thn H0ucn Of PpOras ativps
Witness told Ellison that he had received an
order to deliver the burners to Gardner, and
Ellison told him not to honor it. When the
page came for him witness and Ellison went
up to the Doorkeeper's room together. Wit
ness testified to Ellison's conversation with
McCord. Afterwards Gardner called Ellison
thief, and Ellison struck him. Ellison
helped to pick Gardner up from the floor, and
while placing him on chair and
PLACING HIS WIG on,
he (Ellison) said "now, sit there, d-n YOU"
Ellison did not explain to witness why he
should not honor the order, but witness knew
the reasons.
The Court did not understand whether Eli
son was Patterson's superior or whether Pat
terson was Ellison's superior, and asked for
information.
The witness explained that now Patterson
was Ellison's superior; few days ago, and just
before the affair occurred, Adams was his su-
perior.
Tie order was regular. Ellison was wit
ness immediate superior.
The witness again testified to the words
that led on to the assault. Gardner said to
Ellison you are a thief; could not say that he
called him Cd d-n thief; could not say
whether Gardner was knocked down or became
entangled in the furniture. When Gardner
was picked up without his wig some one said:
"Why, he is an old mar" ~ Ellison said:
ayes, l did not think he was such an old
man"
Mr.. McCord testified that he sent to the
engineers room for Rogers, but did not re-
member whether he sent for Ellison or not.
Ellison came up with Rogers, and said that
Patterson had told him not to let the burners
go. Gardner was rather excited, and said to
Ellison that he was always mixing up with
business that did not belong to him. Warm
words followed, and then the assault.
A NEEDED EXPLANATION.
Wi ness explained that the engineers de- |
partment had just been turned over to the |
Doorkeeper (Patterson) by order of the House. |
Ellison was acting under orders. Patterson,
when he gave the order for the burners, did |
not know of any controversy about the matter. |
1t seemed that Architect Clark had made a |
contract with Gardner for these burners, and |
Patterson, supposing that they belonged to |
him, (Gardner,) gave the order. Afterwards |
was something wrong. Patterson then told |
witness not to carry out the order and Eli |
son was so instructed. Witness detailed |
the preliminaries to the fight as Mr.. Rogers |
did. Ellison said courteously to Gardner that |
he (Ellison) could have nothing to say to him, |
as Patterson had ordered him not to let any I
thing go out of the Office. Gardner then called |
Ellison q thief, but witness did not see him |
raise his umbrella, and did not see Ellison kick |
Gardner.
Mr.. G. Yorke AtLee testified to Ellison's |
good character and peaceful habits.
The case was then submitted to
THE COURT.
Justice Mills rem lrked that no words were a |
justification for an assault. At the same time |
there should be some consideration for sur
rounding circumstances. Gardner was an old |
gentleman, and his age should have taught |
him to bride his tongue. On the other hand, |
Ellison ought to have been compassionate. 1t |
appeared that Ellison was acting right in not |
giving the goods to Gardner, as the order had |
beer countermanded, but Gardner did not know |
about the countermanding, and was justified In |
asking ior his effects. Under the circumstances !