Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-03-03

THE Observation-Disclosures OF JUDGE SMELL
THE SENTENCE.

THE SENTENCE.
The participants in the cowhding affair which
occurred yesterday morning ut the corner OF
Twentieth and Q streets, as published In yester-
days STAR, was before Judge Smell In the police
court to-day. w. A. l.. Gresham, Hubbard r.
Smith and William III. Ruff were placed on
trial. charged with assaulting Albert ID. GIhon.
Mr.. James E. Padgett appeared for the prosecu-
ton, and his law partner, Mr.. II. f. Davis for
the defendants.
TESTIMONY OF YOUNG GrHoN.
Mr.. Gihon, who is 10 years old and lives AZ
No. 2019 Hillyer place, appeared with his head
and portion OF his face covered with bsndages.
He testified that about half past 3 O'Clock YES
terday morning he left his house 10 go TO the
bank OF Bateman & Co., where he Is employed,
and stopped at the corner of both and o streets
TO wait for a friend who usually accompanied
hlm TO the bank. While standing there he said
ne heard a hack drive up, ana turning he saw
Mr.. Gresham alight from The hack and he Inn
mediately began the assault bystriking him over
the mead three times with what witness thought
was cowhide AS he turned Smith struck
him over the back of the head with a cane and
he (witness) immediately retreated towards
home, being closely followed by Gresham, who
Kept up the blows, and followed by the other
defendants, who urged Gresham TO keep up the
assault.
On cross-examination witness said he had no
pistol. He said he was the author OF that por-
ton of the article which appeared i'm sundays
Cupitdt, which stated that the duel had been
averted by Gresham, who refused TO fight.
the talked-of duele
The question was objected to by counsel for
the prosecution and the court ruled 1t out
Lieut. Charles ii. Amsdel testified that he
saw the assault committed by Gresham and
saw the other two defendants follow In the
chase.
Two ladies testified as to the assault
Medical Director Albert l. Gihon, father OF
the injuries, which were evidently inflicted by
blunt instrument Witness said the wounds
were OF Q serious nature.
TESTIMONY FOR DEFENSE.
Defendant Gresham testified that he struck
Mr.. Gihon with rawhide, which he exhibited
| to the court. He said that neither of the other
| defendents struck Mr.. Gihon, nor did they say
anything TO him, nor did they follow him when
| He said that he never challenged Gfhon. but
sent word that he would chastise him unless he
would apologize for what he said at the theater.
chastisement In a private room or In public. as
he wanted IL. He said the chastisement,i II given
in private room, was o te with boxing gloves
against ms (Gihon's) bare knuckles.
THE JUDGE SAID
"These fastidious dudes Of the present day have
| so many fastidious notions that there ought to
be some reason for demanding an apology"
Defendant then read letter which he got
from Mr.. Gihon, and witness then related the
occurrence In the opera house, and claimed
that Gihon had insulted a lady friend of his
On cross-examination he said that while at
athlete: that he was twentysix years old and
weighed l45 pounds. He said that he gave
Gihon the privilege of apologizing or fightine.
or he would brand him as a coward He said
the trouble began by Gihon being refused the
privilege Of Introducing friend I'm the theater,
which he afterwards did, and because the ladies
were not favorably disposed to his (Gihon's)
friend he afterwards made the Insulting re-
marx: Evidently no lady" for which he
Defendant Ruff corroborated Gresham's nc
| count OF the assault and denied taking any part
in IL. He said that he went there TO fair play
| defendant Smith gave similar testimony, as
did the colored coachman.
This closed the testimony and argument fol-
| lowed.
| GRESHAM SENTENCED TO SIXTY DAYS IN JAIL
| AND HIS COMPANIONS FINED 500 EACH.
| Judge Smell said the case one of assault:
| the objective point was the remark There was
no proof that the lady heard the remark, and IL
he made IT, II was one which, had be been chas-
| USED tor, he should not complain. The young
| man was one who has not even a beard while
his assailant is mature. 1t is insisted that the
remark oil an immature young man should not
| be treated as one from an older man. Young
Gresham insists on certain things being done
Inc law does not give the right to force combat
on his own terms. These men provide them
selves with instruments for castigation, and the
| first thing he knows these parties confront him,
| one with a rawhide. This is an instinct of deg,
| radiation aud disgrace. The Judge then re-
| viewed the testimony, saying that he put much
reliance on the testimony of the two ladies that
| two OF the parties assaulted Gihon. He
| regarded Smith as having with Gresham
participated in giving blows to the
the offence, and was it what society imposed on
| a young man for a youthful indiscretion. There
can be no doubt that when two or more agree
TO do such an act IL was a conspiracy. There
can be no doubt but that all parties con trbuted
TO an illegal act, and the ladies say that Mr..
Rum said, Give il to him. |" and he held that ali
three were guilty OF the assault; but not eli
| equally so. The assault by Gresham was a Sc
rious case. He made the sentence Of Gresham
80 days In Jail, and fine OF 500 on each Of
the others. The case was appealed, and security
being given they were released.