The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-19
CLUB AND SHIELD
The Victim of the Police Outrage Sues
His Assailants for Damages.
TEN THOUSAND DOLLARS DEMANDED.
Public Indignation at the DisgracetuI
Scene in Madison Square.

SCene IN Madison square,
Seldom has the indignation of the general public
been more strongly aroused than by the police out
rage committed in Madison square on "Wednesday
afternoon. The popular feeling against Captain
Williams and Policeman Fleming had not abated yes
terday and there IL to believe that 1t will only
be gratined by the immediate trial and punishment
OF the guilty parties both by the police authorities
and the civil courts. Certain it is that the victim
of the assault will do his utmost to compass that
end, and steps have been already taken to bring
Patrolman Fleming and his superior ofacer to &C
count. The official documents In the case are given
below 1t will BIO remarked ~ singular that in the
complaint Of Mr. Charles w. Smith against Cap
tain Williams and his subordinate the club
hing is said to have taken place in Fifth
avenue, at the corner OF Twenty-seventh street;
while in the Captains charge against Officer Flem-
Ing the west side of Madison square. near Twenty
third street. is given the of the assault. In
the affidavit of Samuel whitechurch against Captain
Williams "a copy of which published in yester-
days HERALD the attack is alleged to have occurred
on the west side OF Madison park. near Twenty
fourth street. This would seem to be correct, all
accounts agree that the victim Of the outrage was
standing In the crowd not far the stand where
the Governor reviewed tho First division. This dis
crepancy, far Mr.. Smith s concerned. 10 not
surprising in view of the fact that he is not resi-
Of the city and could hardly be expected after
clubbing. to have = moro accurate recol-
lection Of his whereabouts Practically the point is
not Of the slightest importance. but technically
might prove . stumbling block.
SEEKING JUSTICE
Mr.. Smith visited the Office Of his counsel. in
Brooklyn yesterday forenoon, and after consulta-
ton decided to bring 9 suit for $4,000 damages
aga INST his two assailants. The following COM
plant was then prepared. together with the sub
joined summons
New YORK SUPREME CoURT.-Charles w. Smith Va.
Alexander s. Willisms and Thomas Fleming-Trial
to be had in Kings county.-rho plaintiff for COM
plant and cause OF action against the defendants
aileges:-
l. That on the 10Th day of October, 1870 the plain
till. together with large number OF citizens, was
standing the sidewalk Al Twenty seventh street
and Fifth avenue. in the city OF Now York. Tor the
purpose OF seeing military procession pass.
2 That while so standing in quiet and orderly
manner the said defendants. without any Cause or
provocation whatever. violently assaulted and beat
this plaintiff by striking him on his arms. legs.
down and rendering him sensoless.
g. That by reason OF such beating the plaintiff
was greatly and as he fears. permanently injured.
and has been put to great expense. to his damage
$1,000. Wherefore he demands Judgment for tho
sum OF $4,000 damages besides the costs OF this
MORRIS Il PEARsALI. Plaintiffs Attorneys.
Mr.. Smith certified to the truth of tho complaint
4 As foliows:-
CITY Of Brooklys. Couaty Of Kings. ss.-Charles W.
til In tho above entitled action that he has road tho
foregoing complaint and knows the thereof
and that the same is true OF his own Wedge.
cept the matters therein stated to be alleged on
Information and belief and As to those matters he
sworn to before me. this 18th day Of October 1s7o
JOHN 4. NoncRoss. Notary Public. Kings county.
THE SUMMONS.
SUPREME COURT-KINGs COUNTY.-Charles w.
Smith. plaintiff. VS.. Alexander S. Williams and
Thomas Fleming. observation-disclosures.
To the ,above named defendants-You are hereby
summoned to answer the complaint in this action,
and to servo copy OF your answer the plaintiffs
attorney within twenty days after the service OF this
summons. exclusive of the day OF service, and in
of your failure to appear. answer. Judgment
will be taken against you by default for the relief
!. MORRIS L. PE.ARSALL. Plaintiffs Attorneys,
Post office address and office No. 1913 Montague
street. Brooklyn.
Dated. OCTOBER 18. 1879.
TALK WITH MR.. SMITHS COUNSEL.
Mr.. Morris placed copy Of the summons and
complaint. as above given. in the hands Of clerk.
who proceeded to this city to the upon
the defendants. In conversation with HERALD re-
porter yesterday afternoon Counsellor Pearsal was
asked:-
els it not customary to bring action for damages
in the county in which the alleged injuries were
Bustained?'
"Not at ALL" he replied "the code provides that
civil suit may be brought in any county in the
State where the plaintiff resides. We get good
and honest jury in Brooklyn to try tho upon
merits"
''Do you believe that Captain williams is nnan-
cially responsible for the payment of the amount
claimed should you succeed in gaining your suitr'
"Well. don't know about his financial standing.
other than by hearssy; but do know that II get
Judgment against him in civil suit. and IL he
should 1ail to pay tho Judgment, then arrest
him and lock him up. The law would hold good in
its application to officer Fleming, who is
Jointly sued. no was associated with
the Captain IN the clubbing OF the plaintiff.
great deal Of interest has been manifested this
case by the public One gentleman callcd on mo
tho other evening and gave the names of several
Witnesses OF the brutal assault. whose names have
already been published in tho HERALD. The gentle
said he did not the blows struck but no Mr..
Smith lying unconscious after no had boon knocked
down."
"when will you bring the case on for trialr'
"The defendants have twenty days wherein to fle
their answer to the complaint. Whom they have
fled their answer then will It TO be placed
upon the Supreme Court calendar. and IL will como
trial in the carly part OF December next Tho
plaintiff is determined to press the suit without de-
lay. II he brought action in New York court.
where tho calendars arc crowded. there would BIO
more delay"
"Do you contemplate making complaint. on be-
half OF Mr. Smith. against the defendants before the
New York Board of Police Commissioned"
"No; we do not think the Commissioners would do
Justice to anybody. Mr.. Smith proposes to look
after his own and make tho mon who have in
jured him respond in damages"
THE CAPTAINS COMPLAINT.
Captain williams called at Police Headquarters
yesterday and preferred tho following complaint
nqaliist Officer Flominnt-