The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-21
Declared Guiltless of the Charge of
Clubbing Charles w. Smith.
CONGRATULATED BY THE JURY.
Policeman Fleming Sadded with All
the Responsibility.


admission. 1t generally understood that
result would be arrived at during the day and no
little curiosity shown by all present to learn
what 1t would be. The accused was usual dressed
in uniform and maintained the same composure he
exhibited throughout the trial.
Without much ado the examination of wit
nesses for the defence was proceeded with. the
first called being Edmund II. Moritz. of No. 70 East
Third street. who deposed that he present at
the Madison square parade on the day in question,
and during the review stood a few feet away from
Charles w. Smith Captain Williams, coming along in
the meantime, directed the crowd to stand back. In
speaking Of Captain Williams the crowd used very
Offensive epithets; while so showing back the crowd
the Captain touched witness with the club just as
he did Smith, and did not any undue
forces after ordering Smith to stand back the first
time. Captain Williams saw him leaning his hands
the shoulder of u man in front, whom he
pushing forward. and raped him on the hands to
get him to keep back the Captain could not at the
time have inflicted any other blows without the wit
ness seeing him. observed the clubbing Of Smith by
policeman whom he subsequently ascertained to
be Fleming,
The next witness was August Malemont, a dentist,
who resides No. $40 East Sixteenth street. He
titled to having Captain Williams trying to
drive the crowd back the day in question:; the
crowd was in bad temper at the non-appearance of
the mitiamen; witness watched the Captain very
closely, and was almost positive he did not strike
Smith any more than he did anybody else; in getting
back the crowd the Captain swung his club. but wit
ness did not see it touch anybody. On cross-ex-
animation by Mr.. Rollins the witness said he no.
acquainted with Captain Williams; he offered his
testimony to the Captain; the reports of certain
newspapers he had read were incorrect; then he
came forward and volunteered his testimony.
FURTHER TESTIMONY.
George W. Leonard assistant surgeon Of the New
York Hospital, testified that he dressed Smiths
wounds the first and second times they were dressed
he did not then complain of any other injury
cept scalp wound after being bathed had Smith
undressed down far as the hips. and examined his
lungs and other parts of his body, but did not find
any trace OF other injuries. On cross-examination
by Mr. Rollins he said that he had examined Smiths
body personally and placed his ear to the patients
chest he could find no wounds by doing; did not
examine the collar bone; the patient did not give
any evidence Of pain during the examination.
Thomas H. MCGEE testified he salesman at
No. 104 Seventh avenue, and was present at the
view; the Captain pushed Witness with his hands.
he being one of the crowd just as he pushed every
else; he had his club in his hands; did not
hurt him; Captain Williams was about ten feet away
when Officer Fleming dubbed Smith: he heard the
red headed man smithl say to Captain Williams
''Who you going to clubY' in pushing back the
crowd the Captain did not use any bad language;
when the people pushed forward the Captain said
irritably, Cant you keep back?
The witness, in reply to Mr.. Rollins said that he
came forward witness because the reports of
the clubbing were grossly exaggerated.
O.
to having been ordered back by Captain Williams.
and went on the sidewalk; subsequently the crowd
Captain used his outstretched arms; did not OBJ
Smith and did not sac Captain Williams strike
a blows was subpGnaed by Mr.. Whitchurch to give
testimony against the Captain ut Police Head
quarters.
John b. slattery was next placed on the stand. He
said he resided ut No. "a Rose street.
BY Mr.. Bliss--Were you ut Madison square on the
day of the review?
Witness-I was: went up there on that day to
ho and 10 aoa fba Gov IN caa
the Governor than the soldiers for had made up
my mind to vote for Governor Robinson. ana
always like to . man before l vote for him.
Laughter The witness said he had heard Of Captain
Williams as tho champion Clubber, and watched
him very closely to see how he would act; he
pressed Smith back by placing ono hand on his
shoulder and the other, which held a club cross
wise against his breast; he had seen Fleming knock
Smith down with his club, and was one of the par
ties who had shouted to hang him. The witness
added that If he had had rope he would have put it
about Flemings neck; after Smith fell he began
kick, and witness thought he was going to kick the
Observation-Disclosures aid not see the crowd making
any demonstration toward Captain Williams, be-
cause he had done nothing. but were very hostile
toward Fleming. The witness, who had droll way
of testifying. created great amusement. lad
named Joseph Weir of No. l3l West Houston street,
testified that in pushing back the crowd where
Smith was Captain Williams used his club to drive
them back. but did not strike blow; his arms
were extended and that was all.
COOPER named William NJ Perry, Of Wall street;
Charles Cooper. No. 474 Broadway; Mrs. Caroline
Hartman, Broadway and Canal street, William
White, No. 473 Sixth avenue. and Reuben L. Hewitt
all gave evidence to the effect that Captain Williams
had not Used more force than was absolutely requi-
site to keep back the crowd and had merely
tapped Smith with his baton to induce him to fall
back.
the stenoeraphc notes taken before the Police Com
mssioners
CAPTAIN WILLIAMS STAND.
Captain Williams was then examined. He said
that on the day of the military parade he noticed
that the Governors carriage was standing opposite
the reviewing stand and that the troops could not
pass between; having informed Inspector Dilks
the latter told him have the carriage removed to
point further down; in making way for the
riage he held his club III both hands aud placed it
against the breasts of the people in the front row.
thereby pushing them back; lac had no recollection
particularly of seeing Smith any more than any
body else. and was certain he had struck no per-
son; when officer Fleming inflicted the blow
on Smith the witness told him that such action
was entirely uncaed for; witness sent tor some ice
water and also sent for coach; the am bnlance
ama s wss TO s wsa ne
him to inquire into Smiths condition after the
parade, and If the injuries were serious to place
Fleming under arrest: subsequently he preferred
charges against Fleming before the Police Commits
sioncrs.
In reply to Mr.. Rollins the witness said he had not
been drinking on the day OF the review never hav-
ing drank glass OF liquor in his life; witness,
response to another interrogatory, said he never
used protane language at any time, much less ut the
parauc.
The night orderly of the New York Hospital James
W. Jordan. testified that he had removed smiths
clothing the night of the clubbing, but saw no
marks his bouy; Smith did not complain OF any
injury except the wound on his head; after Captain
Williams had visited the hospital in the evening
Smith said he did not know how the clubbing had
happened. and hoped the matter would drop.
Captain Williams again look the stand. and said he
visited the hospital to inquire into the condition of
Smith: Dr. Fisher showed him that the wound
not a serious one; he (witness) asked Smith If he
wanted to make n complaint against Fleming and
Smith said that he did not; he also stated that he
was not hurt and only desired to SO home.
THE vERDIcT.
This closed the testimony, and the case having
been submitted without argument Judge Glider