The New York herald., 1879-09-27
THE ASSAULT on HAzAEL.

with sporting men who had come to what dispo-
sition would be made of "Eph" Holland, who was
alleged to have thrown brick at Hazael ON Thurs
day night while tho latter was on the track. Hol-
land now comes from Cincinnati, but formerly he
was resident Of this city. He 10 known to all the
old time sporting characters, and for years was
socatcd with tur.es and patrons Of the prize ring
In court yesterday he had Peter Mitchell as coun-
sell while Henry b. Davis. who assists "Ike" sulli-
van rs Hazaels trainer. appeared for the prosecu-
tion. When the case was called up by Justice Flam
mer. Oficer Mccoy, who arrested Holland.
zael and Merritt and make deep indenta-
ton in the planks It struck. The substance
against the prisoner. and Counsellor Mitchell claimed
that there ground FOR charge OF assault and
battery. as the complaint did not specify on whom
vague to determine 1t. Mr.. Davis held that brick
thrown at u crowd was an assault on every member
OF It, and 1t ma,tered not whether the missile had
been intended for Merritt or for Hazael. Justice
Flammer said that In contest Of the kind whoro
thcrp such nervous strain. the apprehension
of danger very injurious TO the walker. and he
believed that the throwing OF the brick could be
only interpreted assault upon either Merritt or
Hazael.
LouNcfSG AROUND IrAzAEL's TENT.
Mr.. Davis here said :--"The evidence bearing on
this mans criminalty is indsputable myself dis
covered that for thrtysix hours he had bocn trying
to incapacitatc HaZael from going the the track.
lilo tried to get into his tent and tanper with his
that plan on foot to drug our man that we did
not take his food twice from the same place This
deeply concerned IN the plot that we
would not allow him near us. had to turn him
away from the tent time after time"
That's not so. Davis. and you know it,. the pris-
oncr blurted out at this.
ut is," said tho Counsellor. land IL was known
James Hotel told me that that an attempt would , be-
made either to drug Hazael or disable him.. my
self was sitting in front OF his tent when tho brick
was thrown. II pacscd him and bounded on the
track. Hc turned quickly, as though to jump on
some one. but then continued on his way have
ample evidence establishing tho identity of tho pris-
oher. Hazael himself pointed out the man. and
others saw him hurl the missile He had been
unable 60 the attendance of the chief wit
but asked 10 put on tho stand Otto Lecha, Of
No. 81 Second avenue.
ruE MAN WHO SAW TIE brick FLY.
Mr. Lecha testified that hc had been tho Garden,
witnessing tho walking match; that he had u
brick fly through the air and strike on tho track IL
seemingly had been aimed at iInzael he saw tho hand
and IL from and noticed its discharge, but
did not the per who had flung IL, and conse-
H mo s aa shs s
and he noticed his hand raised just after tho missile
was discharged
stated that he able to furnish moro conclusive
proof bearing on the prisoners criminaty. but re-
aucstcd that the case be set down for further
hearing in the afternoon. 80 as to allow time to
secure his witnesses. Counsellor Mitchell moved
the dischsrge of the prisoner on the ground that no
had assaulted any person, nor was there sufficient
stated in the complaint TO hold him. Justice
Fiammer, however, denied the mot on and set down
the case tor examination in the afternoon.
ArTERNooN PROCEEDINGS.
Then Mr.. Davis appeared but stated that hc had
been unable to see his principal witness, Mr..
Crcamer, the of DR.. Creamcf, of Williamsburg.
lie had witnessed the assault. and his evidence
the most conclusive. In order TO have him In court
he asked for further adjournment of the case.
Justicc Fiammer accorded this and ON the request
of Hollands counsel baroled him to appear to-day.
The reason OF the assault given by Mr.. Davis
and others is bet which Holland made. He aud
some associates made combination pool of 81 500
against $4,000 that Rowcll, Merritt and Guyon
would finish tho match In that order. Haz icIs
recent good work. however, upset their calculations
and 10 is supposed that Hollands attempt made
with the purpose OF disposng OF SO formidable an
adversary. Hc stcadfastly denies his crmnality,
however, and claims that he had no hidden purpose
in lounging about thu walkers tent. This morning
iurthcr hearing OF the will be had at the Jcf-
ferson Market Police court.