The New York herald., 1876-03-16
A SCANDALOUS SUIT.


HENRY AsToR CHARGED WITH CRIpPLING
CHILD FOR LIFE-AN ANGRY BLOW TWENTY
THOUSAND DOLLARS CLAIMED FOR INDEMNITY
BY HER GUARDIAN.
PoUGHKEEPsIE, March Is, 1876
case. OF remarkable interest up in the Circuit
Court before Judge Barnard to-day and the court
room was thronged with spectators. 1t was entitled
Josephine Ash by Guardian VS.. Henry Astor" The
defendant is one of the noted Astor family and he
sided IN the town OF Red Hook The complaint
that 10 September, 1867, in tho town OF Red Hook the
defendant wilfully assaulted the plaintiff, who is a
little girl thirteen years of age and by violence thrust
the plaintiff from chair in which she then sitting,
upon wood floor; that the plaintiff being then of the
age OF four years greatly injured and entirely dis
Rbcd and, by reason OF such violence, became and still
remains, and will remain ior life, disabled and crippled
unable to walk engage in any pursuit by which
livelihood be obtained, capable OF caring for
herself and entirely dependent upon others for at
teDtion and for her support wherefore the plaintiff
demands judgment against the defendant Tor $50 00o
Frank T. Van Keuren and Homer A. Nelson appeared
for plaintiff, and Newkirk & Chase, of Hudson and
Henry NJ Taylor for defence.
PLAINTIFFS TESTIMONY.
Josephine ash, the plaintiff, was the first witness
called. She carried to the witness stand in her
guardians and placed In the chair She testified
that she will be thirteen years Of age this week. Friday
knows Mr.. Henry Astor; knows him as long as she
remembers lived on Mr.. Astor's farm in Red Hook
first he wanted me to go in the room where to
hear him preach alter he got through he had US
sit down by the sido OF him. he asked sister
If she had ever him drunk she said
she didn't know; then he asked brother, and
he said he didn't know; then he asked me- and /
said, ''Ycs, when you up from New York !" then
off the chair the floor and cried this was In the
front room facing the river the blow hurt me- and my
cries attracted my mothers attention and she in
and, carrying me out took me in another room and
sat me in chair; then pa came in and was going to
strike Mr.. Henry, ana ma held up boiler and
stopped it, put in bed and kept there I'LL
the morning; then taken in the orchard; /
stayed there but little while because didn't feel we'll
| and went TO the house and sat in chair; l then
started go to the door TO and FELL pa
picked up AMI put me to bed didn't fall any
thng;,sI was sick then and had doctor and didn't
know about that; haven't been able to walk
sincos have been to New York u surgeon | never
was sick before was struck by Mr. Henry Mr. Henry
my aunt and pa went to New York with once; my
mother has died since. Here the guardian showed
the ankles and legs of The child to the jury hitting
in his to do people in the court rising
Witness continuing-Mr. Astor is not preacher.
John s. Ash father OF the girl testified that Jose
phine born in 1858; witness boss farmer Tor
Mr.. Asor at the time and also companion; had a vile
and four children: that morning / had been
Barrytown by Mr.. Astor for the mail; when no
turned he looked in bay window for Mr. Astor and
Mr. Astor hit the child and heard lall
scream; he started to strike him; Mr.. Asior said III
didn't mean TO hurt the child but she lied TO me and
meant to chastse herr" struck at him, but my vile
raised the boiler lid and hit that Mr. Astor took
his meals at his mothers and slept at
William b. Astors house with me; after
rose re "'s on her '" back ~ as '"" large as suH'a
hickory nut; she kept crying and white as
sheet, and carried her and laid her bed she
hat fha
pick some apples and she teased me to 90 along;
had little basket; picked in peck basket, and she
upset IL every time IL was full she looking
pale and said, "Doly, 60 to the house,
alter followed andlfound her sitting the threshold
she said, Papa, can't walk /" found her legs all
she knew nothing and we had TO iced her with spoon
finally she began tv gain little, aud she could move
her fingers little
The next spring Mr. Astor SAID there a doctor In
Cooper Institute that could help her. and he would
pay all bills he didn't TO hurt her; the doctor
examined; he said she had been hurt in tho back he
put jacket on her; she was there about two weeks
took her there again, and when home she be-
reduced; the only way we could keep her up
is to grid her close up; all that supports her
set her backbone is around her hips and she goes
all tours about her home; Mr.. Astor made me
promise the day alter she hurt expose IT.
lie says Now john don't never tell Of this thing; IL
1t gets to the Governors ears hell will be to pay, and
will put IS, 900 IN the bank for hers" ho told my vile
TO keep II secret aud he has never put cent in the
bank for her
Crosse examined LEFT Mr.. Astors employ in 1871,
after were married. ate with Mr. Astor, slept with
him. talked with him and with him when he col
lected his rents; she had been the orchard but a
short time when she went home again; she laid IN bed
eighteen days from that time Mr. Astor to the
house the next day after he struck the child when she
to bed; he asked how she and said he was
sorry the rstwc talked the matter The third
day after tho matter occurred; II then no asked
me and wife 70 say nothing about it; my wife
bed Sick he promised 70 do all ho could for the child
and promised 10 deposit $4,000 in the bank tor her;
left Mr. Astor, for Cayuga county in 1871, without
settling with him, though tried 10 and haven't
HIM since Till to-day; | saved Mr.. Astors life from
drowning; ho fell in the creek and pulled him out and
he made me present OF $500. Q.aughter)
The defence set up n direct contradiction OF every
charge or statement made by the plaintiff