The New York herald., 1879-10-31
Witnesses Who Did Not See
1t Used on Smith.
THE NAN WHO saw IT WELDED GENTLY.
And the Bystanders Who Did Not
See the Club at ALI.
THE CAPTAINS PLEA FOR AN ADJOURNMENT.

Tho trial of Captain Williams. OF the Twenty-nnth
precinct. continued yesterday ut Police Head
quarters. The hour named for the continuance OF
the trial was threo O'Clock but for some reason tho
Commissioners who are trying the case ala not ar
rive until few minutes before four. Commissioner
Morrison, who presided, called the name of Captain
Williams, and the Captain promptly answered.
''Here, siri" The room crowded with wit
nesses subpunaed by the Captain. and when the name
OF Augustus Lamont was called Commissioner Nor
rison directed that all the other witnesses in the
case should retire into the School Of Instruction.
Just in the of the trial room. When this order
announced there ensued general exodus Mr..
Whitchurch who makes the charge against Williams.
concluded his case at session by the examination
of nine witnesses Wednesday, but from the num-
Der Of persons who left the trial room by direction
of the Commissioner it would seem-allowing nine
witnesses day-that to hear the Captains side Of
the story would occupy the best part Of
week. All these witnesses were not exam
lned however. for the willy Captain salts
ned himself with developing the Of
the prosecution. examining few witnesses whose
testimony he might not be able to obtain when he is
tried on the indictment against him on Wednesday.
and then he claimed adjournment until after his
case is tried in criminal court. Commissioner
Morrison. the only member Of the Board who voted
against the adjournment, asked for by the Captain.
accused him Of making use of the Board for his own
purposes. This imputation the Captain denied. and
with technical fnesse explained that he had not
been "ofcially notified Of his indictment until ten
O'Clock on Wednesday night.
INTERESTING THAN THE FIRST DIVISION.
When the hustle and noise occasioned by the de-
parture of the Williams contingent had ceased Mr.
Augustus Lamont. tall, dark featured Frenchman
took his station in front Of the desk. Mr.. Whit
church said he would like before the examination Of
Witnesses took place. to mako an apology for the
light exhibition Of temper in which he INDUCED on
Wednesday. His apology seemed satisfactory and the
examination of Lamont proceeded with. Mr.
Lamont stated that by profession he was q dentists
that he resided at No. S29 East Sixteenth street;
that he in the vicinity Of Madison square
on the day Of the parade; that he witnessed the
clubbing Of Mr.. Smith. This much he stated in
response to questions from Commissioner Morrison,
when he was turned to Captain Williams. whose
witness he was. The Captain instructed Mr.. Lamont
to tell the Commissioners, in his own way. what he
saw Of the clubbing. and Mr. Lamont proceeded to
say that he went to Madison square the day in
question to the Governor review the First divi-
sion, National Guard. He had read so much
In the papers, he said, about the clubbing
exploits of Captain Williams that he made
up his mind to watch him. The Captain
happened to be in the vicinity OF Mr.
Lamont. and Mr.. Lamont. to use his own express
sion. was 'more interested in the Captain than in
the soldiers" He did not take his eyes of the Cap
tam. and he Smith either fall get knocked
down-he was not sure which-he was positive that
tho Captain did not his club on Smith. Smith.
Mr.. Lamont swore. was ten feet away from the Cap
tain At the time he fell to the pavement.
Captain Williams-You me all the time. Was
1t possible for to have hit Smith from whore
me standing?
NJ, ral he
hit him. 1 am positive you did not hit him. You
could not have hit him. for you were never near
Witness described the manner in which tho Cap
tain used his club to make the crowd fall back. He
declared that the Captain held the club almost in the
middle and pushed it out in front of him against the
people in the frat W.. Sometimes he had Ii in
both hands and pushed It against the people forcing
them back. Here the Captain announced that he
had finished with Mr.. Lamont, and Mr.. Whitchurch
began the cross-examination.
KNEW THE CAPTAIN FIVE YEARS.
Under cross-exaninaton witness stated that he
had known Captain Williams for five years more;
In fact, ever since he had been put in command OF
the Twenty ninth precinct He only knew HIM by
sight, however, and had never to his knowledge
81 spoken to him until o few days ago.
"Has any one interviewed you concerning the tes-
church.
that subject"
How e,dt happen that you were made witness
"well. 1 saw all that happened the square
during the parade, aud read many accounts in the
papers which did not think were true, so went
to Captain Williams station house and told him that
had seen all that happened and if he wanted my
testimony would come and give it most willingly"
To Commissioner Morrison-I saw the man fall
but dad not see any one hit him az any time; cam
not tell how many men were between where l was
standing and Captain Williams; positive Cap
tain Williams did not strike any one with his club.
CITIZENS DUTY.
The next witness called young man named
Charles Cooper, who had views the duty OF
citizenship. He the only witness examined
during the trial who afforded any merriment to the
md ia aYfC .s,oft
called forth rebuke from Comm ssioner Morrison.
who directed him to answer the questions put to
him by Mr. Wh!tchurch lie answered tho formal
questions rs TO his whereabouts between the hours
OF four and Ave on the afternoon of tho 18th inst.
He stated that no resided ut No. 162 Ciymer street.
brooklyn E. d., and was engaged in business at
NO. 2iS on%rch u, S street l IN tn this city At about
ing Madison square, almost directly opposite the
main entrance OF the filth Avenue Hotel. Just as
he arrived ut this point tho Governors carriage came
down the avenue and he heard Captain Williams
direct the driver to get in tho curbstono that
bounds the square on the west. He wished him to
turn In SO that his horses would head up Fifth
avenue. The driver was unable to got through the
crowd. 40 Captain Williams began to make way for
him. The Captain had his club in ono hand ciutched
tho middle. and hc pushed the club against
tho chests or the people who were crowding
the way OF the carriage He saw him once
or twice reach over the shoulders Of those
in the front row and force people back.
must got back thore!" While this was going wit
ness got into the open that he faced the crowd.
AS Captain Williams was also racing tho crowd Wit
moss only his back he could. however, sco all
the faces in tho crowd. lie saw Captain Williams
put his hand and club against the chest of u red
headed man. whom he recognized as Mr.. Smith. The
Captain pushed this man he did tho others. and
the man fell back staggered back almost to the
rim OF the grassplot In the park. When Smith got
thus far another policeman ran up and struck him
blow over the head with club. While Smith was
falling back he lost his hat and he had hat when
hc was struck Smith fell to the grounds then Captain
williams made his way through the crowd to tho
spot where tho man had fallen and forced the crowd
buvo han tapt IN
Williams pushed Smith In the chest witness was
about twenty feet away. Nothing could be
clearer to this witness than that Captain Williams
did not hit any one on the head with
club. He only used his club as already de-
scrbed. He held 1t In his hand and pushed
against the people. About tho time ho
was testifying that Smith had been struck
on tho head by the policeman witness grew dra-
matte. and. with the permission OF tho Comm is-
anilers lie tated the acfinu Of