New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-11-19

CHARGED WITH AssAULTING c. W SMITH.
sr,rcr,xa u-Ry-orENISG THE PROSECUTION
- TESTIMONY.

CHARGED WITH AssAULTING c. W SMITH,
srIrcrrSa A JuRr-orENISG THE PEosEcuuoN-
MR.. wHrrcHURcu's TESTIMONY
Tho trial of CAPTAIN Alexander >. Wlllams,
nj the Tventyninth Precinct on charge OF asSsuuns
Charles smith. MadisOn-square. on October 10 al
,hs review OF the National Guard by Governor koon
sou was begun in the Court Of General Sessions yeste
aav George Bliss and Elihu Root appeared for the &C
cused officer and the prosecution was conducted oS AS
sstant rict-Attorney Rollins Among the spectators
were Chester A Arthur John I. Davenport kooer' h.
strahan, Hugh Gardner, Inspector DilAs ana captain
Clinchy. The courtroom was crowded The Following
persons were selected as the jurors James McPyFe'
hotekeeper Charles :. schuester grocer Henry Ger
ken grocer; solomon stark, dry goods r E. Been ice
dealer; Rudolph Pelham, insurance John NJ. GonOelg'
gentleman: William l.. Down, macninist; JAo""
scloeder. cigar-Geaer; Anthony F. Maronofz' shoe
maker; F. N. Reynolds. contractor. and GustavHs ",
Rohohl cigardealer. Some Of the 1urymen mad READ
newspaper accounts but asserted that they
could In ige OF the evidence in unbiased manner
Mi Rollins made the opening address for the People
aud detailed circumstances Of the assault ana ar
gued that although the asserted assault was from one
point Of view Of trivial from another il was OF
vast Importance the people. II touched the relations
OF the police ana citizens II the rights Of the public
had been outraged then those rights must be shown
Nevertheless trusted that the tine had not yet come
when conviction OF an accused person would DC Sc
cured because newspaper criticism had been favorable
tie aud that alone. II he resorted 10 I'M
necessary clear the pathway of the soldiers
lie used violence where violence needed then be
ought TO be convicted OF Assault
samuel Whitchurch tho first witness. testified that he
WIS lawyer and lived at No 6s Prospect-Place. Al
ne hour of parade he standing the east side
Fifrh-ave.. Twentyfourthst, about three feet
sack from the cnr6. There we're about three files Of
5crscns before him the sidewalk and three nes IN
il street. carriage conveying the Governor came
shing through the crowd in the street, and then the
Esness heard some one shouting stand back there
N description Of the assault which followed the witness
mid: Presently officer pushed right through the
irowd my left. forcing back the people. and then
Captain Williams through the crowd, also with up
ifted club. l him strike young man standing
me with his cub the cab descended on the young
naus collar bone. Then another policeman, No %,
stepped front Of Captain Williams and struck the
Touns with tie ful force Of his club. cried out
shame, shame one man in tie crowd said that L
mch thing had happened IN California the policeman
"V".- IA H. -, -, - - si'',nii nv sror
both the officers. The Cantan seemed 10 re asonsaed
hat bis sport stopped. The young man was then
.od Captain Williams that " ne was man Lie would get
she Young man = glass OF water"
Mr.. WnchGTch was then subjected 20 4 severe cross
examination bv M Bliss in regard 70 his business e
He had been. replied insurance agent, farmer,
aud lawyer Mr. Bliss then asked him II he had any
prcuniary interest IN the case The witness replied IN
Mr. BIlss-were you not promised 500 if you would
Mr. Whitchurcl-The promise was made IN regard 20
he civil su AZ least that wac what the man said when
Mr.. BIiss-Did you ever pay any insurance premiums
Mr.. w6itcl arch That is my business.
Mr.. Bliss-Wcn We wish 90 prove that VT Nhitchurch
umms ana paid the taxes On Ills own house with them
Mr.. Whitchurch-My partner had robbed NE Of M
Mr. Bliss-Did you pay the insurance.
Mr.. Whitchurch-NO sir
an embrzzlement
Mr. Wniichurch-No sir. 1t was not
Mr.. Bhss-Ah, l thought you were not much OF a
lawyer.
Mr.. Whchurch then stated that he had received $50
from a merchant and several small amounts OF money
mai ne mad been nsnrized IN ISL and then claimed
protection from the draft IN 1868 al the Office OF the
C. B. DeForest. clerk cotton brokers' Office AT No
81 SOuth-st., testified 81 witnessed the assault The
Here comes Captain Williams aud the crowd became
ns peaceable as any New iork ever saw Sapt am
can Then Oiicer Fleming rushed forward and hii
Smith the side OF tie head-a deliberate blow Then
crowd rushed between US and saw 10 more OF Tie
Thomas p Donlon. a boy with cose-cropped head.
and who displayed remarkably good acquaintance
parade ana witnessed this assault. When l first saw
CAPTAIN Williams he wa coming Gown Shf S,
OF the soldiers saw Hm showing Tue peoPir anu III,
ting them. and ii was Get out OF the way saw two
the other siGe OF the avenue. Officer Fleming stand
ing by nurse giri Will baby. he was tossing the
baby IN the ar ana ne wasn't very IrruclouS tneu'
Then Captain Williams through the wd,snd peo-
ple Cheese here's Captain Williams Captain
Williams burst through the crowd, saying Get back.
He seemed single out Smith. for was standing nearer
him aud he might have hit me. He rrodced smith on
the left with the club an0 then he swung the club
around and hit Smith tine left breast smith fell In
commissions the grass The people rOared shame.
shame What brutality And then an ambulance was
sent for ana Smith taken away. went over 10 see
Smith Brooklyn aferward. also put an editorial In
The Telegram about the matter
The witness subjected 70 very severe cross-eI
animation relation his movements since the alleged
assault He laid that he had mad 70 give up all Ills time
20 the case for mouth past ana had not even been
promised a position"
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