The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-20
CAPTAIN WILLIAMS TRIAL.
Close of the Prosecution in the
Smith Clubbing Case.
EVIDENCE OF THE VICTIM.
Contradictory Statements as to Whether
the Captain Struck Smith.

Contradictory Statements as to Whether
the Captain Struck Smith.
The trial Of Captain Alexander s. Williams. in
dicted for assaulting Charles w. Smith with club
on the 18th of October last. resumed yesterday.
in the Court Of General Sessions. before Judge
Gildersleeve. There q very large attendance.
and great interest seemed to be manifested in the
proceedings. The accused sat beside his counsel.
Assistant District Attorney Rollins conducting the
prosecution. Quite q number of the friends OF
Captain Williams visited the court during the day.
young man named William Deterling. a clerk at
No. 254 Broadway. was the first witness called by
Mr. Rollins. diagram shown him and he
pointed out the position in which ne stood at Madi
son square on the day of the military parade. The
witness heard the cry of keep backi" end he then
saw Captain Williams strike Charles w. Smith
with his club; he thought the blow struck Smith
under the chin. the shoulder: Smith then
made some remark which the witness could not
hear; Captain Williams raised his club and struck
Smith second time on the breast Witness saw
Captain Williams raise his club for the third time.
but could not say whether he struck third blow.
Here the witness illustrated with q walking cane
what he considered the force OF the blow.
which was described tap and q prod.
to ftOot, the Wltness ne nau Talked
about the with his employer and De Forrest.
with whom he in company the day of the
occurrence. He was certain that. although he was
FIVE or six feet behind Smith. he saw Smiths lips
move after the first blow. "May ask" in
qured Mr.. Root, whether you did not see Captain
williams lips move-were you not watching the
Captains lipsr' "No, answered the witness some
| what wrathfuly, II was watching the Captains
! club"
The next witness Alexander Wood. who car
| ried on business some time ago at No. 1913 Eighth
avenue. Mr.. Rollins asked him il he had 60 ne to
Madison ON the 18th Of October last to see the
"Yes.' Mr.. Wood replied. II vent to Madison
see Governor Robinson for thought would be the
last public look would get at him." LaughterJ
The witness then went on to state that he saw
police and he heard the cry. "keep back" Captain
Williams used his hand and club to push Smith
back; the witness would call it more of "drive.'
which was SO forcible opusn smith back: Smiths
hat fell of. and he would have fallen but
came up and struck Smith powerful blow the
head the wounded man fell to the sidewalk and was
thing Captain Williams did was to give smith the
.'drive across the breast; II Captain Williams had
struck another the witness said he was positive he
The testimony Of Max Rosenthal. of No. 157
Essex street. to the effect that he saw Captain
Williams strike Smith blow with his club on the
hands; Smith turned to Captain Williams, saying
what you doing." and the Captain said
oficer hit Smith on the lie and then
on the head witness was positive that both blows
struck by Captain Williams took effect on Smiths
ae Williams 81 dd mot t' strike Sc stS
either the SIDE or the shoulder This witness
| not crossexamined.
| SMITH ON THE STAND.
Charles W. Smith. the subject of all the investiga
ton. was next called to the witness stand by Mr..
Rollins. He said he . clerk, living at No. 40
willow place. Brooklyn; on the day of the review
he went to Madison square; he stood
curbstone; saw Captain Williams and his officers
standing the reviewing stand the Captain held
the the way shouted Keep back" he singled out wit
and struck him ON the breast, at the same time
TELLING n have keep do nasf ssd ySu
catching him by the lapel of the coat. raised his
his arm to ward of another blow. when Captain
Williams raised his club once more and struck him
o a sa' Fleming SnS Jumped in and dealt
the blow which felled him to the
gCpS Hospital and remained there until morning.
two doctors attended to him; apart from the in
juries to his head. caused by Fleming. the witness
bone; he did not remember having been struck on
the hands of the witnesses had stated he was
positive that Captain Williams had struck him five
"'How much time" asked Mr. Rollins. elapsed
At this the witness became FESTIVE, ana in an i'm
patient manner answered. my dear sir -"
Rollins: ..let us get at tho facts in this case
Smith replied again that he was positive that Cap
tain Williams struck him ave blows.
"Now SIR" inquired Mr.. Root cross-examina-
ton. "do you remember distinctly the occurrences
| Of the 18th Octoberw
| quite financially" Great laughter).
"Is it not fact sir. that you remember the occur
rences financially because you have instituted
civil suit tor $4,000 damages against Captain Will
Jams and Officer Flcmingr
THAT sir" replied Smith, "is question at large
and answered it as well as knew how"
PREVIOUS EVIDENCE
The witness was then Intercepted as to the evil
dence he gave before the Police Commissioners. He
said he suffering from illness and did not re-
member what he had sworn to at Police Head
! quarters. The cross-examnation searching.
| and the witness evidently wished il end.
He claimed that he had headache, but Mr. Root still
| lyon have stated" inquired the counsel. that
you have been clerk in the Brook Board Of City
To this question Smith objected and appealed to
the Court, but Judge Gildersleeve ordered him to
al was supposed to be clerk in the Board. he re-
| piled, 1 was promised q clerkship and was put on
as q Waterman. Retrencbments we're ordered and
discharged on June Is and have my discharge to
"weil, how have you lived since?"
ION food" said the witness, and the answer set
the Court in roars of laughter. He went to say
he had formerly been employed in the Produce
saa ora m this cs 'ns han
asked him IL his absence from the Grand Jury room
was not owing to the fact that he did not
wish to prejudice his civil suit Smith.
who was evidently bewildered. stated that under the
influence of ether. aud in his anxiety TO get away
from 'that individual pointing to Captain Will
iams, he had made confession in the hospital.
| DIR. Alexander Fisher. house surgeon OF the New
| York Hospital. gave evidence as to dressing the
wound on Smiths head; he did not complain Of any
| other injuries
fed that he did not complain of any other injuries
except the scalp wound before the last visit. whom
| he said he had pain in the shoulder blade. This
evidence corroborated by DIR. snively.