The New York herald., 1879-11-07

..were there people behind Smith when he wsa
pushed BY Captain WiliiamsF
eyes, sir.
! How near to himY'
s.They were standing right behind him"
'You said that Smith was Knocked back three feet
when he was pushed by Captain williams?''
YES sir; said four feet. il don't mistake"
WELL was the crowd behind Smith also pushed
They fell back when Captain Williams came
along"
and fell back
..Dld smith go back at the timer"
eyes. sir; he was going back but the crowd pre-
..The crowd went back coincident with the shove
first given to Smith by Captain WilliamsY'
''Yes sir; but the crowd did not get back as fast
as Captain Williams wanted. and he then used his
club.
..Then Smith was coming forward when Captain
Williams showed him backT
, xeas As nss get back but the
Mas he trying to get back back or standing stinr
"rhen why didn't her'
''The crowd was too great"
Then the crowd yielded and he tried to get back -
'.Did they yield at the approach of Captain WILL
iams?"
..Yes, SIR"
Then. when you say that Captain Williams
knocked Smith back three feet where the
At the first blow Smith asked Captain Williams what
he meant by striking him. He then struck him
again and knocked him back"
"You are sure about thatY'
~ positive that after the first blow Smith said
something rs II protesting. when Captain Williams
struck him . second blow. more violent than the
first
Then when Captain Williams showed him first he
..He was yielding as you say, the crowd being
behind him. when he was struck the second time"
'Then you say that Captain Williams struck him
two blows and that the last blow was the one that
knocked him back three feet"
"How manv times WAS Smith struck,"
''Williams struck him twice"
II notice In your former examination that you
testified that it the first blow that knocked
Smith back-what do you mean whom you say at
one time smith received punch aud at another
.'At first he placed his hand roughly against
Smiths breast, which would call shove or
punch, and the second time he struck him with
greater force: did not say at any time it was the
first blow that knocked him back"
''rhat is all. said Mr. Bliss
MIR. RLIss RRNEws HIS NOTION
Mr.. Bliss again renewed his motion for an adjourn
ment until Thursday. and Mr.. Whitchurch again
protested, saying that the prosecution and defence
were through with their witnesses that the case
practically closed He therefore requested to be
informed upon what grounds Mr. Bliss sought for
adjournment.
'.The gentleman asks my reasons for SEEKING for
an adjournment. said Mr.. Bliss. II shall say that
inasmuch as there are more witnesses in waiting
to be heard at present the postponement which
seek cannot be considered hardship by any one. I
granted I'll not put ten or twelve gentlemen on the
stand witnesses that have in reserve), but shall
they please, reserving to myself the right to do
likewise. There is no justice forcing the to
o final hearing now; nothing can result from such
haste but injustice to Captain Williams. We
here two Commissioners French and Wheecr) in
favor of granting my motion for an adjournment,
and (Morrison and MacLean against 1t.
If such is also the condition OF the
Board upon the question of suspending or
removing Captain Williams during the pending
trial at General Sessions don't see how the Board
come to q decision by forcing the case. because
the defendant instructed by his counsel, seeks for
u postponement. Such action OF the Board
gard a violation Of the spirit IL not Of the letter
OF the law. Under these circumstances appeal for
adjournment until next Thursday.'
Mr.. Morrison-I move that further hearing in
this be postponed until next Monday at one
O'Clock.
Mr.. French-I move to amend by making 1t Thurs
day.
The amendment and original motion wore lost.
Messrs. MacLean and Morrison voting in favor Of
the original motion, and Messrs French and Wheeler
in favor of the amendment. After considerable
debate motion prevailed to adjourn the until
next Tuesday one O'Clock. The Board then
adjourned
THE CRIMINAL INDICTMENT.
Assistant District Attorney Rollins summoned
Captain Williams and officer Fleming to the Bar at
the Court of General Sessions yesterday Mr.. Bliss.
counsel for the accused. intimated that q speedy
trial desirable. Judge Gilderseeve set the case
down for Wednesday next.