The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-19
THE CLUBBRR At BAY.
Captain Williams on Trial in the Court
Of General Sessions.
WITNESSES Who SAW HIM STRIKE SMITH.
A Lively Encounter Between Messrs. Bliss
and Whitchurch.


that the trial OF Captain Williams had been per-
emptorily set down for hearing. There never
theless large attendance, and when Judge Glider
sleeve took his the bench nearly every avail
able space was occupied. The indictment charged
| the accused with assault and battery. having.
as alleged. unnecessarily dubbed George g..
| Smith. of Brooklyn. while he was waiting ut
| Madison Square Park to witness the military
review by Governor Robinson the 18th ult
| Jointly indicted with him Policeman Fleming
of the Twenty-ninth precinct. of which Captain
Williams has charge. but the latter preferred to have
a separate trial. which was accorded. Promptly at
eleven o'clock the accused, who was in uniform.
took his at the bar: and beside him seated
his counsel. Mr. Elhu Root and ex-United States
District Attorney George Bliss. The prosecution
conducted by Assistant District Attorney
Rollins. and when the called by
that gentleman it promptly proceeded
with. In the immediate vicinity of Cap
tain Williams sat Mr.. Samuel Whitchurch.
Rotary of the Taxpayers Association. who is well
known. has been mainly strumental in bringing
about the complaint on which the indictment
found Some time taken up in getting jury.
the usual questions being propounded by the de-
fence to whether any prejudice existed in the
minds of the jurors called. To the interroga-
tories OF Mr.. Bliss o few admitted having
decided opinions and excused. At length
the following jury was secured and sworn
James McPyke. hotel keeper. No. IS Clinton place;
Charles Schussler. grocer. No. 210 Third avenue;
Henry Gerken, grocer. No. 1O2 Prince street; Ru-
dolph Pehlemann. insurance agent No. 81 West
Washington square; Frank n Reynolds. contractor.
No. 221 East Seventy eighth street; Anthony F.
Mahkerhoz, boot maker No. Second avenue; Sol
onion Stark, dry goods. No. IL avenue C; Frank E.
Bean, ice dealer. No. 245 West Eighteenth street,
Gustavus W. Rokohl cigars, No. 843 Eighth avenues
oh nj. Goldberg.
street, William NJ. Downs, machinist, No. $50 Third
avenue. and Jacob Schroeder. cigars No. 166 First
avenue.
MR. wHrrcHURCH ON THE STAND.
When Mr.. Samuel Whitchurch the complaining
witness, took the stand q dead silence pervaded the
court. 1t was expected that the main developments
in the would be derived from him. but in his
staten for the prosecution there nothing
from the testimony he has already given
before the Police Com missoners on the trial
inp AMONG the SPECTATORS on the day of the parade
the east side of Fifth the westerly side of
Madison Square Park. about seventy feet north OF
Governor Robinson and others was drawn up at the
reviewing stand ana the horses were driven down in
the vicinity Of Twenty-third street The Goodman
short turn to the left in his effort to get
the curbstone. In this endeavor he assisted by
u policeman who removed the bystanders until he
got the horses heads about three feet from where
he (witness stood. There were three rows OF
where he was
back!" Witness then three feet from the curb
his toes should be trodden upon. He rereated to
grass plot. Just then he saw Captain Williams COM
| ing through the crowd with his club extended
There was an open space on his right hand and he
| moved further from that officer. Witness then
| him make q jump and down came his baton. the
man whom he now knew as Charles W. Smith,
| At that moment officer Fleming NO. SOY came
up and, pushing hiuseK between Captain Williams
| and smith. struck the latter a severe blow the
| temple. Smith fell and witness cried out 'Shame!
out to ..shoot him!' The witness then stated that
the column coming down the street he step
| ped forward to witness it. Smith was taken of in
In cross xamination Mr.. Bliss handled Mr. Whit
church without gloves. first questioning him as to
the postionShe occupied when the affair in prog
ress Mr.. Whitchurch perfectly cool and col
| lected during the ordeal and did not materially
change the statement elected by Mr. Rollins He did
not hear Captain Williams say anything during the
occurrence being deaf in one He lad seen him
| before he said, and common report had given the
policemen the precinct in his charge q reptuta-
ton for brutality. and when he saw Captain Will
Jams coming along he wanted to get out of the way.
| He had q prejudice against the police OF that pre-
cinct, though he admitted that some of the men in
the department were as good as could be found He
| of the club held in the hand OF Captain Williams
rested on Smiths collar bone. Mr. Whitchurch then
tack Of Mr. Bliss. that he was lawyer
practising his profession at No. $40 Third avenue.
pror TO ms acve mao tha Sn On
had been an attorney and had been partner in
three firms. 1t was in 1864 that he went into the
law business but besides practising as an attorney
he had been In the insurance business for eight or
ten years.
SENSE DUTY.
"You have made yourself active in this case?"
II have" replied the Witness
'You have been interested in getting up testimony
against the accused?'
III have been interested in getting it mp"
"And what actuated you in the matter. Mr.. VIII 1t
church,
II deemed it my duty to my country and my
God"
And have you paid some expenses 70 get up the
facts in this case or what you allege are fsctsr"
"And you got letter offering you sloor'
THAT was for the civil case
"But you did not get itr'
'You deemed it your duty to your country and
your God to take its' gaughter)
THAT was in tho civil case"
Matters were now beginning to get lively. Mr..
Bliss was Frightening up and Mr.. Whitchurch
crossed his leg in the chair.
snow then. SIR" asked the counsel. when you
were In the insurance business did You receive
snecs from Mr. NOT to pay pooy OF
my partner had robbed me. and the matter hav-
ing been satisfactorily disposed Of Mr. Belts said it
all right"
..The money paid for taxcs on your own
houseY"
ter, as my partner had robbed me-
"You felt 1T your duty to your country and your
God to appropriate that money? You did not think
that cmbezzlemcntY'
mo. sir, do not"
After this little passage at arms Mr.. whitchurch
Intercepted as to whether no had been
rested, fact which ho denied, admitting however,
that judgment had been obtained against him
which he allowed to 90 by default Mr. Whit
churchs cross-examinaton lasted quite q while and
was listened to with considerable attention In the
redirect examination he went the ground as to
the situation. which Is pretty familiar to the public.
After recess Mr.. John A. Bsgley. City Surveyor.
testified to the fact that he had made plan OF the
locality in question. which exhibited in court.
"a SORT OF PROD"
A lad named Charles " DE Forrest who lives ut No.
81 Lewis street. and said he employed in cotton
brokers' Office at No. 36l Stone street, called He
the review on the 18th OF October last. being at
the time spectator at Madison Square Park OPP
posite the Fifth Avenue Hotel. He saw Captain
Williams endeavoring to keep the crowd back aud
pushing Smith with his club. 1t sort of prod.
Smith exclaimed, what You doing; amt get
ting backr' Captain Williams then struck Smith
somewhere on the SIDE Here the witness Illus
tratcd the action with policeman's club W hch had
been handed TO him. The witness, however.
then Fleming rushed in and struck Smith
blow on the side or tho head with his club.
Witness could not with whit force tho blow vas