The New York herald., 1879-10-30
CAPTAIN WILLIAMS ON TRIAL.
Numerous Witnesses Testify to the
Madison Square Outrage.
THE VICTIM ON THE STAND.
He Describes His Treatment
sas in the Hospital.


the Police Commissioners the charge. preferred
by Mr.. whitchurch. of clubbing Charles W. Smith.
1t Madison square. the 18th inst. Mr.. Whit
church called nine witnesses. all OF whom were
,worn. Captain Williams had thirteen witnesses.
Commissioners French. Wheeler and Morrison were
present. the latter presiding The specification
charged Captain Williams with conduct unbecomtng
m officer
Captain. what have you to say to the charge"
demanded Mr.. Morrison.
mot guilty, sir''
"On the 18th Of October" said Mr.. Whitchurch.
II standing near Twentyfourth street and Fifth
avenue. looking at the procession. The Governors
carriage drove down the avenue and deposited his
precious body at the stand. The horses were driven
to Twenty third street. The coachman tried to turn
them the sidewalk close to where stood. ana
the police tried to aid him. There was crowd OF
people there. Suddenly heard cry OF Stand
back! Stand backi' crowded into the grass
plot next saw policeman como along. followed
by Captain Williams. who burst into the crowd
with appraised club. kept my eye on him. and
saw his club descend quickly on tho collar bone
OF Charles W. Smith. Officer No. so. whom heard
was officer Fleming. stepped between me and the
Captain and. with his club. struck Smith as severe
q blow as he could the head. felling the young
man to the ground and covering him with blood.
I cried out Shame! shame! and the crowd took up
the cry, repeating 1t. Other people called out
Shoot them!' meaning the Captain and officer.
Others said IL the officers in California they
would bo hanged to lamppost. said to the Cap
tain. Haven't you the humanity to send for glass
Of water to give your victimT He did SO, and the
boy, was subsequently informed, was taken to st.
vincent's Hospital"
Ibid you soc strike the boy ?" asked Captain
Williams.
No t,v,k r1,, n h chOrI.
,er."
"Did you say that il he was your brother you
would shoot me p
81 did. and meant 1t, too"
"Did you have . pistol-were you armed that
day ~
81 was not"
HERE CAPTAIN WILLIAMS"
Alexander Woods. of No. 37S Eighth avenue. was
standing near the Fifth Avenue Hotel clock when
the cry was raised. "Here is Captain williams"
II had never Captain Williams before" said
Mr.. Woods. "and was anxious to see him. The
Captain came bounding along and showed his club
into the young mans breast. knocking him back.
The force of the club was great that he would
@
come up aud fell the young man with his club.
There was no cause for the attack at all; the crowd
"wouid you call it shove or blow?" queried
Captain Williams Ibid not hold my club at right
is not that the truth?
Such blow that had not the crowd prevented the
young man from falling he might have been thrown
Backward and had his skull fractured"
"But 1t ws0 not who injured him.
"No; but for your attack on him Officer Fleming
would not have struck him and felled him like an OK
20 the street. Like master. like man.
Thomas P. Donlon. of No. 713 East Twenty-eighth
street. gave corroboratve testimony. Captain Will
Jams then cross examined him.
ssWhere have you been employed?
"with stratton h Storms for about two years"
wheresbouts? in State PrisonY'
self"
..what is strengthening stonosY"
"They are cigar manufacturers"
"Oh. Straiten Il Stormsf'
.sWhat are you doing at present?"
Attending to your case.'
"Have you received any money for your services
from Mr.. whitchurch2"
"No. sir"
Captain Williams inquired Of Mr.. whitchurch If
whei. he represented himself as a lawyer he meant
to say he was member of the Bar. Mr.. whitchurch
answered that the question was irrelevant; but the
Commissioners sustained 1t. Mr.. Whitchurch said
that be had hung out professional shingle last
Association and up to last July had been living on
Staten Island but moved to the city to attend to the
Taxpayers Association. He had received his adms-
sion to the Bar in 1866 or 1868 from the Supreme
Court and also from the United States Court. He
had been member OF the law firm OF Senator Coz
Gems, and prior to that OF the firm OF Birdsall 4
whirchurch.
what are your duties as secretary of the Tax
payers AssociationY asked Captain Williams.
II object" said Mr.. Whitchurch.
why. it is an honorable. decent society. and you
should not be ashamed to avow your connection
with it." replied Captain Williams.
'It is irrelevant" answered Mr.. whichurch.
1.-THE Taxpayers Association is not on trial, Cap
TAIN" said Commissioner Morrison.
'Weli. can prove that the Taxpayers Association
is composed Of political strikers aud that Mr. Whit
church has gone around seeking for nomination on
the strength OF his connection with the association.
said Captain Williams;
''You liar. sir.' said Mr.. whitchurch. rising
excitedly ~ you say that the Taxpayers Association
Is composed Of political strikers"
''You dare not tell me that in the street," said
Captain Williams savagely.
The Court raped the scowling opponents to order.
something. he testified. when Williams first pushed
him back; the Captain then showed him with his
clubrnder the chin. and Fleming came through the
WOULDN'T LIKE TO oxr IT MYSELF"
Robert Phillips. of No. 4s West Twelfth street.
Captain Williams along and showed him. ..No
doubt, tho Captain must remember me-" he con-
under the young mans head and had my hand
covered with clotted blood. which wiped on tho
"Did he strike Smith p asked Mr.. whitchurch.
"weIl. I wouldn't call it blow. but wouldn't
::wss "a i there r. crowds' said Captain williams
"well, now. nothing Of what would call . crowd"
'Did not shove tho crowd back p
way of doing It,"
Max Rosenthal of No. 4S Essex street. said that no
saw Captain Williams strike at Mr.. Smith. Here.
what arc you doing 2? exclaimed the latter. Captain
Williams said, '(ioc damn you I'll show you what
I'm doing" and struck him again over the hands:
Then Fleming came up and struck him on the head
with his club.
samuel Long. of No. 100 East broadway. WHO'S
employed by Bowery tailor. did not see Captain
Williams strike any one; he heard tho Captain say.
"Stand back, pieasol' He could have seen the Cap
tain II he had struck any
Doctor w. II. Owens, of No. 132 West Thirty Sec
oud street, took Smith away I'm 1t. vincent's Hos
pital arpbulance; he did not tako him to that hos
pital because he was requested by policeman to
take him somewhere else; II was not Captain Will
iams; there wore no threats made when he was
asked TO tako him to the New York Hospital; no
didn't examine Smith g injuries closely: he suf-
fering from confused wound.
ron TfiE DEFENCE
Commissioners Morrison called Dr. Alexander NJ.
Fisher, of the New York Hospital, behalf Of Cap
tain williams. The Doctor said that Smith had
scalp wound about three quarters Of an inch long