Morning journal and courier., 1880-04-09
Prominent Citizens in Court.


 Charges of Assault and Battery Heard
 1.-The Accused Discharged.
 In the City Court yesterday morning Ed ward Y. Foote, real estate agent, was ar- raigned on charge of assault on John G. North, insurance agent, on April 9th. Ex- Judge Blydenburgh appeared for the defend ant. MT. North had no counsel except the prosecuting attorney. MT. North stated to the court that Mir. Foote desired a postpone ment of one day and he had granted him two days, hoping that he would ask forgiveness for the assault and settle with Mrs. Francisco for whom he acted He further stated that Mr. and Mrs. Francisco desired him to aid them in procuring a settlement with MT. refused to render an account of moneys placed in his hands, and also to aid in obtaining a release of a mortgage which had been paid. MT. North and MT. Francisco called on Mr. Foote ana demanded settlement and the deed, for the woman had nothing to show that her property was clear of the debt. MT. North was turned aside and other customers were waited upon until he became impatient, and said to MT. Foote: ''You can open your books and snow your charges and the thing can be settled Tn a few minutes" MT. Foote admitted that he had sold the note and got the money. and MT. North said: q never knew @ man in all my business life who refused to quitclaim prop erty when he got his pay. If you are an honest man you will fix it.. At thls MT: Foote caught him by the collar of his coat with one hand and struck him with the other in his face, displacing his teeth. MT. Foote's son then sprang from his chair and took hold of his father and said, s'Don't strike him."
 Thomas Francisco corroborated MT. North's 8 statement and said Foote called North s'damned liar" and grabbed him by the coat and struck him in the face ''ike thunder"
 NIT. Foote testified that he refused to quit claim the property until satisfied that the note was paid. MT. North sat on the desk. Ladies came in to pay rent, and MT. Foote asked him to get of the desk. He refused, saying he wanted to be served first MT. Foote took hold of him to pull him off and said: s'Get out of my office. If you were twenty years younger would slap you in the face and kick you out of the ofice." MT. North threatened to expose and arrest him. Witness didn't use the language imputed to him and did not hit Mir. North. He had his hand on the sleeve of his coat. The son did not say, ssDon't strike him, 3 and did not inter fere MT. North said no one could put him out.
 Emerson Y. Foote, his son, testified that his father raised his fist when he made the re- mark about being ''20 years younger" He got between them because he was afraid there was going to be a disturbance because of threatening language on both sides. He said nothing to his father, but spoke to MT. North.
 In rebuttal Mir. North testified that he did not say no one could put him out. The re- marks attributed to him by MT. Foote were false.
 Judge Stoddard said that inasmuch as the testimony of two on one side conflicts with the other two, and as MT. Foote had perhaps a right to put MT. North out of his office but no right to strike him, I will give the prisoner the benefit of the doubt, and dis charge him.