The New York herald., 1879-12-04
BEFORE THE POLICE BOARD.

CONCLUSION OF CAPTAIN WILLIAMS TRIAL FoR
CLUBBING CHARLES W. sAIITH-HE DESCRIBES
HIS OWN PART IN THE oCcURRENCE-DE-
CIsIoN RESERVED.
The adjourned trial Of Captain williams for the
clubbing Of Smith ut Madison Square was con.
cluded yesterday before the Board Of Police Com.
missioners Captain Williams testified in his own
behalf The day previous to the parade he had con.
suited with Inspector Dlks to the number of men
to preserve order on that occasion; he disposed OF
100 officers along Fifth avenue and Madison square;
by right he should have had between 450 aud 500
men under his command on the day in question:;
the troops expected ut half-past three p.
NJ. but did not arrive until hour later;
when the Governor got out Of the COACH" said
Captain Williams. land passed to the reviewing stand
the coach driven to the west side of Madison
square; saw that the coach would be in the way
the troops and directed it to be removed toward
Twenty-third street; there were great number OF
people there, both in the street and on the sidewalk;
We cleared the street. but they broke through
number OF times Oh account OF tho delay OF the
the procession advanced; tried to put the people
back the people behind would not go back;
ordered policemen to 20 to the back line and put tha
crowd back; 1 have no recollection of Mr.. Smith
until he struck did not strike him; 1 told
Officer Fleming when he struck Smith that it was
unwarranted and uncallcd for; I showed people
back, but did not strike any one; 1 reported the
clubbing to Inspector Dilks aud asked to have Fem
ing placed under arrest he said to wait until after
the procession. and it the man still insensbe to
take Fleming into custody; sent an officer for
glass of water and another for carriage to take the
injured man to hospital; at that moment st. VIM
cent Hospital ambulance came along and took Mr..
Smith to the New York Hospital; asked smith
subsequently in the hospital to make a charge
against Officer Fleming and he said he would not
make a charge against any one. as he was not much
hurt"
THE CASE IN GENERAL SESSIONS.
Mr.. Bliss, counsel for the defendant. asked his
client IL the had not been tried and dismissed
in the Court of General Sessions.
Mr.. MacLean said that the question irrelevant
Mr.. Bliss thought the question material. Captain
Williams answered in the Affirmative.
Mr.. MacLean said that the Board could not be
governed by the action OF the Court OF General
Sessions. The Board refused let the question go
record
Mr.. Bliss took exception to the ruling.
Mr.. Donon, witness at tho Court of General
Sessions. had testified thero that Captain Williams
had struck Mr.. smith hvc blows. whereas in his
previous evidence before the Police Commissioners
he had Mr. Bliss said stated that only blows
were received by Smith at the hands of Captain
Williams. Captain Williams stated that Donon adj
nitted vt the Court of General Sessions that his
evidence before the Board false.
Mr.. MacLean examined the record of the testi-
mony of the various witnesses and asked captain
Williams AZ their evidence was the same in the
Court Of General Sessions. Captain Williams re-
piled that none of the witnesses told consistent
stories.
'Wasn't IL true Captain" asked Mr.. Bliss, "that
with the exception of Mr.. Phillips every man who
appeared here for the prosecution attended at the
Court of General Scssionsr
.'I think so; except DR.. Ovens.
In answer to Commissioner French, Captain Will
Jams illustrated with the end OF the gavel which
he lightly placed ON the stenographers shoulder.
how he tapped smith and ordered him back.
Mr. Bliss remarked that he would request. in con-
clusion that the Board dispose of the case to-day.
he had not read all the testimony. onicAl decision
was therefore reserved.