The New York herald., 1879-10-30
"To dress and examine hi, wound" We and. %.

ssIO dress and examine MS Wounu
s.Was it necessary to give him ethery'
''Yes. sir; he was Violent
s'What time did he say the Captain did not
strike him?' asked COMMISSIONS Morrison.
s.Between seven and eight O'Clock in the evening""
..Did he exhibit any fears" asked Mr.. Wheeler.
ssNo, sir, he did not.
Mr.. SMITHS TESTIMONY.
Mr. Smith was the next witness called by Mr..
whitchurch. He is short, slender and nervous. The
side of his head, where he had been injured, was
covered with court plaster His appearance indicated
that has not yet recovered his physical strength
stopping attitude and held his hand to his breast
He gave his testimony as follows:-
"While standing with other people near the park
appeared and requested us to get back and in doing
raised his club and struck me on the shoulder;
said. What do you meanp' when he said. What
do you say. God damn you,' and struck me on the
breast with his club; again he struck me on the
with his club and felled me insensble to the side
walk"
.'None at all; was leaning with my hand ON the
mans shoulder that stood before me-
''Were you noisy or disordery?'
'Not In the least, sir; nor any one who stood
where did he strike you FROM"
''He was standing above me on the sidewalk"
''Was the blow severe?
"woll. it wasn't gentle. by any means; should
allow many times did strike your" asked Cap
tain Williams.
well. should say about three times"
"well you were about striking me the fourth time
when the other officer struck me the head"
'Whcn you were taken to the hospital did you
have any conversation with the CaptainY' queried
Commissioner Morrison
Eyes, when was under the influence of ether
Addressing himself to Captain Williams, he
said Elm the evening you stood by my bed
side. Your Doctor Or Fishery asked me who
struck me. said Captain Williams assaulted
first and his officer struck me on the
head then heard some one say in low voice.
He recolects ALL During the night fell out of the
L was alone and in tine dar1 md IN nj
for the bed sneared my hands with the paint on
the wall. When the Doctor came to me after
wards, was lying on wet bed. Tho next morning
DR.. Fisher said, You remember the promise you
made me last night asked him what he meant?
he asked me again if 1 knew who had struck me,
and said. Yes He then said that had prom
ised NOT to bring any charge against them. ! said
was under the iphuence Of ether Captain Williams
took me by tie hand in the hospital and asked me
not to make a charge against him."
''As HAVE A GOD"
"Captain," asked the witness, turning to Captain
Williams ''did you not ask me that?''
CAS- sufe as have God to judge of my actions
you did," said Mr. Smith solemnly. II am in an ex-
was treated, but am telling the truth"
Captain Williams cross-questioned tho witness.
Brooyn Bro City works is doing at the
present time. He was confined for three days to his
bed from the result OF his injuries. He would have
been reinstaed in his old job but for inj jurles
which rendered him incapable of attending to busi
ness
While giving his testimony Mr.. Smith spoke
deliberately and apparently without prejudice,
telling his story in straightforward, pathetic
manner At the conclusion of his testimony the
Commissioners took recess the prosecution having
rested their case
For tho defence Captain Williams called John G.
Osman, Of Cayuga county
''Did you see me strike anybody?" demanded
Captain Williams.
Il did not, SIR
"How far was from Smith when he was struck?'
''To the best Of my knowledge from ten to fifteen
feet
"Could have struck any one without you seeing
meY'
II think not sir"
Amedee Troullette. OF No. 922 Broadway was the
next witness.
Captain williams-Did you me strike any one9
Witness-No, sir.
''Could have struck any one and you not have
me?"
Mr.. Whitchurch-How far were you away from
Captain Williams ut the time?
Witness-About thirty PAGES.
"How do you know, then, he did not strike any
body?"
III know he did not strike the man on the head"
"Coud he have struck him on the shoulder or
breast and you not see him?
"Yes, SIR"
At this point the hearing was adjourned till three
P. NJ. to-day.