The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-22
WHIPPED BY JUSTICE

THE RIVAL rHxsrrAxs-rHs AMARANrH Az
sAILANT SEVERELY PrN1sHxD-sfxTI DAYS
IN THE PEXITENTIARy-THE CASE TO BE
REvIEwED-A WRIT OF uABEAs CORPUS
GRANTED
II the muses. that have special charge Of the drama
had held court yesterday In occupied BY Police
Justice Walsh. Of Brooklyn there could not have been
present larger gathering OF their votarieS votares
they were too. Of no common order Their devotion
has mercenary faint. prosaio bread and butter
OF which the professional worshippers make some &C
count do NOT enter their calculations and their
allegiance the dvnities 70 whom they eonsecrass
their leisure hours OF refined and elegant texture
Briefly. thev were amateur performers excellent peo-
ole in their way, but on this OCCASION OF decidedly
partisan leanings and bitterly opposed As II they
were chiefly concerned in some dividing question
OF church pohty rhev sat to the RICH, and 10
the le Of the room. after the fashion IN which
assured the great human will be set apart
on the ultimate day Of the worlds existence. but
with the mportan. difference tina. there relatively
people 10 the right than likely 70 occupy that
position when the accounts Of this mundane sphere
are duly balanced These the friends OF Mr.
Thomas I. Clark Who while In pursr:i Of ais
collateral svocaiiou Of amateur actor hac been vio
lently assaulted and horsewhpped BY MI Douglas
Walker, another amateur, VINO undoubtedly rests
onder the stigma OF having made an unfar and
cowardly stack upon hts victim. He had friends,
however, and these were the folk who took wba; may
be called the side Of the room and gIared
wickedly on the complaining elect cts.a-ptS
TIE TROUBLE.
lady was the cause OF the quarrel--a cause old
as the days OF Helen and the Dardan difficulties, or
older II was q case Of gentle love- supplanec aHoc-
tons jealousy and so through al! the genesis down
10 PLAIN uuromantic assault and battery, 10 which
arraig ment the defendant in ortuous fashion, put
in plea oil ''guilty." There much ado IN the
way OF assault and Defence and II took counsel
each side argue the merits OF the raise
or set aside ,echncates One Justice however, vas
sufficient pass sentence, and It cannot be denied
that The way which he executed his functions gave
unmitgated satisfaction TO very large section OF tho
people present Il does not appear tina, this Of
satisfaction extended to the defendant and his friends;
but this was hardly 10 be expected For the prose-
cution there appeared Assistant District Attorney Smell
Mr. John d. Bird. a gentleman who IS himself
grace and the defendants guidance through the di-
eultles which his mpeuous, iil-considered, and his
opponents say, cowardy action. had brought upon his
head was Entrusted to General Catiin aud Mr. Pullman
OPENING THE PRocxEpINGs.
when Justice, IN tho person OF hl. justice WASH,
had duly assumed the sceptre and the awed specta-
tors silent the case was solemny proceeded
with General CaIin opened by propounding the
theory that all the pomp and ceremony and public In
terest the affair did not amount to trial, but only
reached that approximate condition which would be
described by the less significant term, Determination
Here there reasonable ground for exception
which duly taken by Mr.. Smell. and although
General CatIIn claimed that his client should
Justice Walsh held that the affair was IN
TACT trial, and nothing else. THIS seemed
.paIpants friends Then General Catlin raised
question OF jurisdiction the part OF OF the Justice.
penttude OF his powers In That respect and accord
ingly the complanant's friends again beamed compia
10 be- no doubt that they conceded thoroughly with
- riGHrING rnE GROUND ny INCHES
For the next resource General Caliin asked permits
sion to withdraw his clients pea OF mot guilty" and
to plead guilty. instead process OF seii.accuss!on
resort The plea OF guilty was intended 10 answer an
arragnment OF simple assault ana battery but behind
this penientia compliance there appeared TO be an
arrere Desie counsel nnocently suggested that his
Honor would fix some day for tho imposition Of SEN
tence as the defendant desired present adavts Of
character, &c His Honor, the other hand. APP
peared DO thoroughly opposed to procrastinaton,
ntimaed pretty plainly that he was ready TO pass
sentence tnere and then.
WAXING WARN.
From this point matters grew very warm. When the
defendants counsel Jailed TO procure any delay they
consulted for brief space, and result asked 10
have the plea OF mot guilty" restored and the lately
Justice. however, did not desire 10 be unmndfu OF
so soon suggested that such course that proposed
would only making farce OF the trial. and applied
tho word ugg ng' to the proposition the great
hurt vi the counses feelings Then the subject OF the
defendants character which TO DO represented
the proposed ahidavits, came Under discussion, and
Mr. Bird ntmatod rather excitedly that II was pretty
bad character to which General Catlin answered that
1t was no worse than that OF The gentle
man who had made the assertion. Matters
looked rather menacng just now among the
couro ntng Thespians but justice made loud demands
order threatened TO clear the Court and eventually
succeeded in restoring calmer temper and enlarged
| forbearance Having failed to procure delay General
Calm. with a nation to fight every inch OF
ground Tor hts Client labored TO procure mitigation
Of the punishment What the secret was thai led to
shoa oanltu lie Ham hA md
had right state and then he went on 10 say that
only tor Mr. Cark's cowardy performance the public
would not have known anything OF the matter At all
Mr. Walker he said, not the hrst man In the CON-
munity who had made "A mistake; he was not the Irst
man in the country that mad committed an ndscreet
and improper act; he not the first man who had
struck man-a oil which exemption from singularty
generally acquesced In by the otner side There
was never, argued counsel, such case on record
where the accused was ncarceraed or at least where
he was not allowed AN opportunity TO escape
| by paying fine. He therefore, asked his
| Honor to impose 1ne In this case, and
not disgrace the defendant by sending him to the
Peniten tiary County Jail Mr.. SHELLS reply was
very BRET He argued that the defendants respecta-
bty was no excuse for his crime, and rcpresc nted
that the offence, having been committed at a public
place and ut charitable entertainment, was not only
outrage on Mr. Clark but an outrage on the puohc
| THE SENTENCE
Justice Walsh In passing sentence, said that refined
and educated people should know the laws OIL the and
better than those who we're ignorant and should be
held stricer accountability, ana II caught break
| ing tue should be punished more severely. A fine
of $50 would all he could inct in this case, and the
imposition OIL sucn nne on Mr. Walker wouo nv, NC
| thought, be sufficient punishment. He proposed TO
put u STOP lay in his power, TO such offences
as that to which Mr.. Walker had pleaded guilty, and
in this instance he would commit the defendant TO the
| Penitentiary OF Kings county Tor sixty days
Notice was given by General Catlin that he would
appeal from this decision and apply for writ OF GER
torar to take the before the next term OIL the
Court OF Sessions Pending such proceedings counsel
red tnat Mr.. Walker might be bailed. and Justice
Wash said that he would require suretes In the sum
OF ST. 600 Sheriff Daggctt said he would be response
Bile Tor the appearance oil the prisoner. who was
| allowed TO leave the court IN his custody. Suisse
quently a commitment made out, and Walker was