The New York herald., 1879-10-31

Williams when you saw what you have descrbed?"
asked Mr.. Whi,church.
well, there may have been haif q dozen or less.
where did they come fromY'
81 don't know where they came FROM"
..Ifthere were people between you and the Captain
how could you see what he was doing with his
Captain Williams. noticing that his witness was
growing nervous. ventured to remark that witness
could see more than the gentleman who was examin-
Mr. Whitchurch did not condescend to answer the
Captain. but he addressed himself to the Board. II
hope" ho said, "tbat the Board will call Captain
Williams to order and that he will be compelled to
remain in order.
''The Captain is order" said Williams with
sarcastic smile bestowed with great impartiaity
counsel and Court alike
1.-The Captain will come to order" said Commis-
sioner Morrison. 'and the witness will answer the
question. which is proper one.'
.'If there were people between you and the Cap
tain how could you see what he was doing with his
hands when he was driving the crowd back?" re-
peated Mr.. whitchurch.
ness answered II suppose he put them down to his
side when. he got through pushing"
'Where did these people who interviewed between
you come fromy'
Witness laughed and said he did not know The
audience also laughed at this question but Mr..
Whitchurch explained to the Commissioner that ho
thought the witness perfectly understood him; he
wanted to know tho direction from which they
came-north, south, east or west?
An argument here ensued by witness. who
planned TO Mr.. whitchurch how he should put his
questions Mr. Morrison called the witness to
order and told him 10 answer the question IL he
could. Witness said he was not generally used to
| being confused and he didn't intend to allow any
ono in court to confuse him. COMMISSIONED
| Wheeler finally camed the brewing storm by stat
ing to Mr. Whitchurch that witness had already tes-
| titled that he did not know where tho crowd came
| from.
HOW HE BECAME WITNESS.
Mr.. Whitchurch-Were you subp0naed yesterday?
Mr. Whtchurch-well. then, were you subposnaed
| to-day?
| Mr.. Whtchurch-when were you subpenaedP
Wtness-I wasn't subpGnaed ut ALL
Mr.. Whtchurcli-Tnen tell US how you como to
| be a witness here?
| wirness-well read lot in tho papers about
this Smith affair and the statements Of most of
| them wrong and calculated to give false i'm
preston OF what happened. SO made up my mind
to go to the Captain and tell him that had all
| and was willing to testify to it.
Had anybody spoken to you on the subject?"
| queried Mr.. Whitchurch
"No; no one spoke to me about 1t. saw 1t was
wrong in the papers and thought it my duty q
man and q citizen to come up and say what saw.
| don't know much about up town, SO asked some
| one who did where could find Captain Williams
station house. l was directed there. and
| my way up when saw the Captain standing the
corner. lie standing with some Of his men
when approached him. and asked him to step
aside. as wished to talk to him. He did. and told
him had seen everything at the parade and was
willing to testify to tue racts. gave the Captain
my card. and told him if he wanted me to send for
| me to my place of business. The next day or the
Captain on the street He told me he had
was out He asked il I would have any objection to
| come here on Wednesday. and as I said No.
| as good as my word, and came here"
After making this explanation witness
cused. As he threw his coat over his arm prepara-
tory to starting he said loud enough to be heard by
| those within the bar.
.'Captaiu. when YOU want me again can bo found
| at the same place."
| "Thank you; III call again, said the Captain.
equally loud: -
The next witness called Mr.. d. II. MCGEE, o
| salesman from Cincinnati. now residing Seventh
avenue, in this city. He states that he standing
Williams came along to make way for the Governor 8
carriage. The Captain called out to the crowd to
'Get back! and reaching over the shoulders OF
some of the crowd the Captain. with his club
and hand. pushed witness on the chest, every,
very gently" to use his own words. Witness
saw the Captain using his club. and standing up he
demonstrated how he swung it. On this point the
testimony of Mr.. McGee was different from that of
he saw the Captain take his club in both hands and
press against the crowd. Mr.. Cooper saw him with
tho cluo in one hand and now Mr. McGee made
..iow No" c cut" s After Captain Williams i' pushed
some one else in the crowd, ana Mr. McGee heard
some call out what are you doing? Who are
made by Mr.. smith. but is not sure When he had
recovered FROM the pushing he received Mr.. McGee
looked around and saw little red-headed man going
Smith, but whether Mr.. Smith being
pushed ahead or was going of his own ac:
| interest he remembers is seeing policeman 50''
clubbing the said smith, He saw Smith when he
| fell Mr.. McGee saw the man stretched the
| pavement and thought lie was suffering more FROM
| epilepsy than from the clubbing. Some one went to
| get water. for the man bleeding; but Mr. McGee
| thought he was bleeding more from the fit than
| anything else. The Captain. according to Mr. Nc
Gee, had gone up the avenue just before the man
Smith ell to the ground.
To Mr.. Whitchurch-I did not see the Captain go
into the crowd after Smith fell the Captain
to Inc before he went away as he could be. for
| / have said he had his hand on me; he could not
well have been nearer to me unless he got on my
To Captain williams-Mr. whitchurch's condition
on the day of the parade more excited than
| there was any reason to be.
Commissioner Morrson-Witness will restrict
himself to facts. to what he saw. These expressions
of opinion will not be allowed. Let him say Mr..
Whitchurch WAS very much excited If he will, but
his opinion as to the requirements Of the occasion
| will be stricken out.
| To Mr.. whitchurch-I wrote a letter to Captain
| Williams. telling him that thought the published
stories were wrong. and that would testify ii
called upon; the Captain can show the letter, sup
| pose.
| PROBABLE OFFENCE.
From the testimony of tho next witness de-
which takes place next week. Mr. McGee very
| emphatic about the epileptic condition appear
anS Mr. Terry OF Mo- M Sn sacse es
| Brooklyn, who was witness to the affair.
testified that after Smith was hit he stood
tor minute or less in front OF wnere witness was
stationcd-on the edge OF the grass plot-hcld his
head in his hands. stared ut witness and then iel
like man i'll fit. In this particular alone was Mr..
| Terry's testimony significant. lie corroborated
Cooper to the other officer jumping in and hitting
| Smith the head.
The testimony of ]. d. slattery, a coachman. OF
No. "a Rose street. and Mr.. Hugh J. Doran. OF No.
1lS West Twentieth street. was in support of that
given by other witnesses to the facts that policeman
| No. 80, who Is Fleming. struck the man Smith
| with club and that Williams did not hit him.
| THE CAPTAIN MAKES MOTION.
When Mr.. Doran retired Captain iliams said he
was informed on good authority that an indictment
had been found against him by the Grand Jury. and
lie therefore asked that adjournment the pres
ent case be ordered until such time the trial
of the indictment was over. III have dozen more
| witnesses, said the Captain, "but think ought
! not to be forced to produce them and develop my
defence when this indictment is hanging over me.
| II am found guilty on the trial the penalty that
| will he inflicted on me Is than the worst this
| Board do"
In answer to this motion Commissioner Morrison
said ho could not speak for the Board. could he
fail to the justice OF the Captains demand. "Un-
fortunately, however, said the 90 m IN 'tho