Morning journal and courier., 1882-04-14
The Hitter Hit-A Scene fn Court.


 The case of William Schmauder for as saulting Thomas Sweeney was called in the City Court yesterday morning before Judge Studley, Mir. Pickett prosecutor, and James I. Hayes appearing for the accused, whose plea was :'not guilty" Sweeney had dis coloration about one of his eyes which a black patch obscured. He testified to being assaulted in Con Keefes saloon by Schmau- der and friends of Schmauder. What he particularly objected to was being kicked in the eye when he was down, which witness was positive Schmauder did. Witness said he was en route to see Donahoe, whom he was to have had prize fight with Ill New York, which did not come off. Witness had heard that Donahoe was quite sick. Witness had been in the saloon short time when Schmauder came in with a party and began talking about the prize lighting fiasco be- tween Sweeney and Donahoe. ''You'H have | der ''Well, you can have what is left," re- l joined Sweeney, who went on to state that 1 his expenses had been $213. This was dis puted, and soon after, according to the wit l ness, the assault occurred. Witness in the cross-examination denied having gone to look for Donahoe to pick a'quarrel.
 l MT. Hayes-Are you professional prize fighter ! Witness-Are you a professional lawyer :?
 MT. Hayes took witness in hand, but the ] prosecution objected to witness giving a l more explicit answer. ~. e l John Ryan testified to being in the saloon l and that the row arose over the discussion 1 of the expenses attending the preliminaries l of the proposed prize fight. One of
 Schmauder's party struck at Sweeney and Sweeney was tripped up and kicked when down. Witness tried to take off the man on top of Sweeney, whereupon -Schmauder | drove witness into back room. On cross
 examination witness denied having kicked Herrity, one of the party in the saloon:
 John Clancy told of the meeting of Schmauder and Sweeney, who were talking
 of 500 five dollar tickets being sold in New York alone for the prize fight, after which
 came talk of $213 expenses. In conversa-
 tion with Ed. Herrity, one of the party,
 Sweeney said, referring to Donahoe: "I can lick the anyhow" Said Herrity, "Oh, y-u can't lick anybody" At this, ac-
 cording to Clancy, Sweeney made rush for Herrity and the fight began. Sweeney
 knocked Herrity down and got on top. The witness thought Sweeney was "pretty full, " 1 while Herrity also showed some signs of
 drink Herrity finally got on top of Swee- ney, and when Ryan tried to pull the former off Schmauder drove Ryan into the back room, and when Schmauder returned Herrity
 and Sweeney were separated and the row was over. Sweeney's left eye was frightfuly swollen and the witness used knife on 1t to let out the blood.
 ] Keefe, the saloon keeper, testified that Sweeney made use of the language to Schmauder, q can lick you in two min
 utes,'' at which Herrity interposed 'You
 can't lick anybody.''
 The court took 6 few minutes recess, after
 which Judge studley directed that warrants
 be made out against Herrity, Ryan and Sweeney, and that they be taken into custo- dy. The arrests were accordingly made and
 Herrity, Ryan and Sweeney were each put to plead for being concerned in the TOW in Keefe's saloon. They pleaded not guilty.
 Another warrant also drawn against Schmauder for assaulting John Ryan. Schmauder pleaded guilty.
 Keefe and Clancys testimony was ordered repeated that evidence against all four pfiso-
 ners might be secured. Herrlty swore that
 Sweeney struck him and Ryan kicked him.
 The lawyers argued the case and Judge Stud
 ley fined Sweeney 1925 and costs, discharged
 Schmauder on the charge of assaultine
 Sweeney, fined him $1O and costs for assault
 ing Ryan, and also fined Herrity and Ryan
 each $1O and costs. Judge Studley added
 that he had mind to bind all the four mer
 over to keep the peace. Sweeney and Ryar
 announced that they would take an appeal
 The other two paid: