New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-11-21
CAPrAIY WILKINS ACQUITTED.
HIS ACCOUNT OF THE AFFAIR.
CONCLUDING TESTIMONY FOR THE DEFENcE-r


CONCLUDING TESTIMONY FOR lliE DfftNCL-iHi-
VERDICT.
The court room OF the Court or Genefal
se..ions was again crowded throughout the day yester-
day with persons in attendance at ire trial OF captain
Alexander : Williams, ~ the Twentynnh Precinct, on
an indictment charging him with assaulnng Charles W.
Smith IN Madison SQUARE while the National Guard wa
being reviewed by Governor Robinson On October 10
George Bliss and Ehu Root defended Captain "h'mS
and Assistant DlsricAttoney Rollins appeared Tor 'he
neople All day witnesses for the defence were cA-
ahmed and at nightfah n verdict was rendered DIT.
rdmund H. Moriz. OF No. 10 East Third-st. tostihed
that ne was present at the parade ard saw Captain
Williams touch Smith with his club The captain
saw smith with his hands on the shoulders OF another
man pushing the latter forward Theroupon tho captain
strucl smith on the hands 10 comiel him To stop
,ucnst Mahmont Of No. $40 East 81 teenthst. testified
that the CAPTAIN did not nc any time strike smith Nor
did ne see officer Fleming strike Smith afterwards a.
he was watching Captain Williams.
Dr. G.. W. Leonard. assistant surgeon OF the
New-York Hospital. said ne examined Smiths
body from tho waist upward, and there were
then no injuries observable tho body except tho
wound on the head. Thomas Il. Mage, Of No. 1Oi
scventh-ave testified that he Of the spectators
Captain Williams sad
"Keep back. gentlemen, keep back" The witness
heard smith say: "IIere, what you dong; who
are you going TO cubi" Tho Captain said "You
keep back there" and passed He did not strike
that he saw Captain Williams pressing the crowd back
but that that officer did not strike Smith and
twenty feet distant when the accident" took Place
John r. slattery OF No. "a ROsest. testified that Cap
tain Williams showed Smith back. The Captain had his
lef. hand on Smiths shoulder and was pushing him. In
regard TO the asserted clubbing he sad ." looked for
Captain williams because knew he was celebrated
clnbpcr He pushed through the crowd and put Smith
hack lie aid not strike the Then officer Fleming
came rushing up and struck Smith on the head. The
young man fell the grass kicking bis heels aud
[ thought he would kick the bucket cried out,
pointing at officer Fleming:
Let's hang him up.'"
..If had had rope would have put it around his
neck ,o,
williams merely pushed smith back aud did strike
him When he saw " the coorcd accounts OF TIE ahaI
i'm the newspapers he went Ia CAPTAIN Williams and
offered to give testimony IN his chali william WHIT
tie. OF No 4O7 Sxt-ayc, said that smith dld NOT move
back was told 10 90 so, and accordingly Cap
tain Williams pushed HIM back, but al no ume struck
Captain Williams testified In lis own behalf in sub
stance ~ follows; the Governor did not arrive Till
late HIS carriage was taken 10 the west side OF the
Square. saw That therr was IOt room enough iOr me
procession a. pass. moved the carriage south. We
me rear and get the people back there. I went
into the crowd. holding my club in tho centre.
ally breaking through our lines have no recollection
OF Smith TIL saw HIM struck by Fleming. | did not
strike anybody that day. have no dcdbt pressed
, 0 h well bnc from he Sidewalk Irayc no
orders Fleming After tine blow struck said TO
Fleming that was ont OF place and uncIllcd for
was ten feet distant when the GLOW struck moved
the crowd away from Suiith and summoned coach to
take him to the hospital. We could not press In the
trout ranks OF the crowd because u consisted chiefly OF
nurses and children. All thar | said Get back. get
back Tie crowd was impatient at the delay but was
good natured. There was direct resistance TO the
police. 1t consisted Of an excellent class OF people
There occasion for violence. Idon recollect any
insulting remarks addressed 10 don't remember
that any refused To 90 back was not prOfanc
that day. am not a man OF quick temper; fourteen
had OF IL. There was no occasion for temper ON that
over me crowd and said Fail back you In the rear
rank, mean 1 had my day club in my hand
1 saw Fleming strike the blow, 1 saw Smith
fall. went there. sent for glass Of
coach order TO take him to the hospital. then went
TO Inspector Dilks and said to him. officer Fleming
is insensble. think I'D better put him under arrest
Inspector Dilks answered: You had better wait III
after the review ana then learn the condition OF Tie
Mr.. Biiss-That is all. We will waive summing mp
II the counsel for the prosecution Will make the same
Mr. Rollins agreed to the proposiuon and Judge Gil
derseeve then instructed the jury. His address
brief He said that the facts few and II such
q nature that could easily understand them. the
chief ston TO be considered whether the accused
unlawfully assaulted and Intentionally injured Charles
w smith, IL must be remembered In considering the
matter that Captain Williams in forcing back the crowd
actlng under the orders or ms SUPERIOR officer.
Inspector Diks, and that whatever be dd done In
the discharge OF his duty. There crowd and IL
necessary that they should be forced back Did he
exercise unnecessary force And did he Intentionally
iujuTo Mr. Smith In an OverzealOus DISCHARGE OF his
ddtiesi These were the main questions The jury
should be the judges OF the creuoiiiy OF witnesses
Its members should forget also that there was any
special person under trial.
Mr. Bliss asked Judge Gdersleeve 10 charge that II
the duty aud rght TO apply force. Jndge Glider
sleeve replied: :. Yes to use force at his peril Tue
absent only seven minutes, when the verdict OF not
Judge Giiicrsieeve asked CAPTAIN Williams TO arise
and then addressing him said: The Court July concufs
In the verdict and 1t holds thar your conduct on the
was worthy Of al praise and that you arc ex
oneraled fIOm all blame"