The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-09-25
THE CUSTOM HOUSE BRoIL
WILLIAM II. GRACE SENTENCED TO THE PESr-
TENrIARY FOR FOUR MONTHS FOR ASSAULT

mo SURVEYOR SHARPE.
The trial OF William II. Grace, an exclusion House
inspector for an assault on General George H. Sharpe
Surveyor oil the Por In front OF tue HERALD building,
the 10th July las resumed yesterday before
Judge Sutherland, In Part oil the Court OF General
sesslons AS might DO expected, the court room
dsnsey crowded. aud tho result OF the trial awaited
with great interest II may DO mentioned that the
cused has for years been . somewhat prominent
politician and belonged TO republican ASSOCIATION
N Brooklyn The president Of the organization
and several OF its members called upon to give
evdoucs as TO his good character PRIOR the
renee. Among others present were ox-Uni,ed States
District Attorney Bliss. Assistant United States DIS
lrlct Attorney Treman, Deputy Collector Dudley X.
Phelps, General Cathn, Colonel Stegmau and Po-
lice Commissioner Erhsrdt District Attorney Phelps,
WIN Assistant District Attorney Bell, appeared Tor
tho prosecution aud the prisoner was de ended by
United States District Attorney Samuel q. Courtney
The for the people having closed FRIDAY night
MI. Courtney opened for the defeucs he SAID that,
while the prosecution had cnarsc,erized the case
OF simple assault and battery they had also mt
mated that II was an extraordinary one. Although
the complainant wac prominent Official, The
should receive the consideration nj tho hands OF
the jury ms II he we're the most frcndess In tho
world. Counsel then went on say that General
charges. was really the aggressor In the affair OF July
last, and tho castgaton administered by Grace was
only just punishment for the insult given by Gen.
ers Sharpe who, he sAid had deliberately spat tho
prisoners lace.
TESTIMONY OF WILLIAM u. GRACE.
The accused then took The witness stand. and in
Spouse Mr. Courtney testified that be lived ut No
$40 Hart street, Brooklyn; he entered the Custom
House in 1870 and continued in that service until Tho
l7th OF April last, when he was suspended.
Mr.. Courtney here propouDded series Of interroga
tories with the object of showing that the accused
had been promoted 10 the position OF inspector In Sur
vcyor Sharpes department thu he ed
Gus frauds IN tho suaar reclining business ana made
report oil II as government Official; that no notice
was taken OF the same 81 the surveyor, where
upon Grace deemed u his dJty 10 report
the Surveyors superior officers: that by way OF retail
alton Surveyor sharpe asked Messrs Donnor " DO
Castro sugar rehner 10 mako certain charges agans.
Grace N order that he might be suspended and re-
moved; that the suspension OF Grace followed, aud
that he had several Interviews aterward with Sur.
veyor Sharpe; that GU the 10Th OF July he was ex-
amned before the comm relation the sugar
refining frauds General Shar pes there
WITH and that the assault took place on the iolown
Judge Sutherland decided to exclude all this testi.
mony MS being Irrelevant TO the ISSUE aud that It
only tring with the tlmo OF the Court u ask such
Questions He considered It not becoming IN the
Tor even II the allegations were true they would be 20
Justification OF the assault on tue complainant but
would merely snow u motive.
Mr. Courtney 8aid DC did not offer the testimony in
order TO snow Justification tor the assault, out to
show that tho complainant had the same aninius and
motive Tor insulting Grace II was claimed by the
prosecution tho accused had Tor assaulting Sharpe
CRACKS VERSION
Tho witness then resumed his testimony. He said
that the day Of the assault he mad an appel tnent
with Colonel Alexander special Agent OF the Treasury
al No. "a Park row. and went there 10 meet hun; he
saw General Sharpe whom no did not expect t. meet
there; as Sharpe passed he shook his head and made
facial expression al him. but could not say whether
he spat ut him that time or mott he (witnsss did
speak 10 General Sharpe and certainly did not apply
10 him the opprobrious epithet charged; within
liteen mnuies aterward wtness wont down Park row,
his way TO tue oitce of Mr.. Fuller No. l07 Wall
street, With no expectation Whatever OF meeting
General sharpe; when he reached Hudnut's
eral sharpe. VINO WAS looking directly Ut
him; the moment General Sharpe saw witness he
repeated the facial expression no had already made
o IN PARK row aud spat in his face; no (wtness)
then lost ali control Of himself and excaiming "You
siandcrer, how dare your struck General sharpe;
witness told the police officer and everybody else
present that General sharpe had insued him
latter did not deny II; no was never arrested before
anu never In his present condition. rho witnoss
further testified that married and had q amily.
District Attorney Phelps here ed that he did
InR family had any thing TO do with the case.
Mr.. Courtney said he only wanted to show that the
accused was domesticated and not runian.
Mr. Phelps asked whether marriage always pre-.
vented rulianism.
Mr. Courtney-l think SO.
Judge Sulherlaad-Some OF the worst cases OF
ruiiianism | have ever have been committed ey
husbands ON thor wives.
Assistant District Attorney Bell added that there
were several men IN the Tomb5 for Killing their
In cross-examination the witness saIi he did not
remember having told the byslandors that General
Sharpe spat at MN, but told 10 the officers AZ The
TomDs Police Court; Sharpe snook head Ut him,
and he considered that adding insult to injury from
man whom he had stgmatzcd as swinder
IN his own Office; when they met IN
the street he shook his head in naughty, defiant
manner; 1t was blending Of nod ana threat; no
had no recoiection OF telling Mr I. &. Dunnell, a
bourg was lle ne did not remember telling the city
ed,or the Tunes that reason ne struck General
Sharpe ,ecause he wanted to shake hands With
hun; witness further said nat alter General sharpe
spat upon hin he twitnos) lost control of himself,
MIN IA damned thiei''; he denied ever having told
Lynn that he intended to break every sharpe's
body but he told nm on the day prior TO the assault
that he was gong before tie commission. and That
he would get even with snarpc
THE PRisoNER's CHARACTER.
John +. Henry, wholesale druggist OF this city,
testified that lie had known Grace for three tour
years and considered him to be a man Of good char
acter witness sad he was associated politically with
the accused n Brooklyn.
Cuarles W. Goddard, exCaptain OF the Port Silas
B. Dutcner, Appraiser OF tho Port OF New YORK, and
Darwin X. James, tobacco manufacturer; llIiam NJ.
Baldwin, OF Brooklyn, anu Alderman Slegrst, OF
Brooklyn, testified 10 Grace's good character
Joun W. Con, lawyer, testified that he had made
measurement oil the distance between the hat
the basement Of the PARK Bank building aud the spot
where .ne assault was committed aud found TO be
seveniy-lour ieeL ms evidence was gwen with the
OF showing that 1t was imposs tor the
Ryaer ~ have seen what he testlhcd 70 to the
sault Ia leaving the hat store.
RkDUrTING TESTIMONY.
THIS having closed the testimony ioS tho defence
by way 81 rebuttal Assistant District Attorney Bell
called Eldridge u. Dunnell who stated that
evening oil the assault ne nad conversation with
the prisoner IN relation TO the alleged assault; ne
heard Grace say IA relation TO the statement made be-
fore Judge Ottcrbours about Surveyor sharpe having
spat upon him, that tho assertion Incorrect Grace
iurther Told The witness that he would tell him all
about II, and thon stated that he had not struck
Sharpe because the latter bad spat his face that
the assault mad no relation whatever To Custom House
affairs, but was the result oil old matter surveyor
Sharpe, hc said attempted TO shake hands with him
at the meeting on Park row and the subsequent
meeting Ut Hudnuis; this ne (Grace) thought was
insult and thcfeupoE struck Sharpe Tor having offered
IL
W. b. Lyon recalled and testified that when no
met Grace tho day previous to the assault the latter
declared that he Intended laying certain statements
before the Jay Commission derogaIory to surveyor
sharpe Grace said IN addition that he would clay"
sharpe tho next day, and u The ACCUSATIONS
not rc,racted he would break every bone in the SUR
veyors body the day alter the assault he met Grace
who said, "Wel, I've kept my word anu detailed the
meeting, declaring distinctly that when Sharpe at
aharn