New-York tribune., 1888-03-27
Mr. SEWELL SUED BY HIS COOK
THE LAWYER CHARGED WITH ASSAULT.
TESTIMONY THAT HE KICKED THE SERVANT AND
THEW HER Down STAIRS.

TESTIMONY THAT HE KICKED THE SERVANT AM
THREW HER Down STAIRS
The muchpostponed case in which Ellen foyo'
who was formerly the cook OF Robert scwen' tno
LAWYER demands as5. 900 damages from him for an
ALLEGED assault was finally brought TO trial yesterday
before Judge Bookstaver and jury In the Court OF
Common Pleas The complaint sets forth that On
october l. 1884, at Mr.. SeweIs house 10 IafrSto"h'
he repeatedly kicked and struck her and threw ner
from the stoop TO the sidewalk fnnctne spinai in-
ures from which she declares she VIII never recoser
The defence Is general denial and an allegation hse
she was unlawfuily in the defendants house, Great
ing q disturbance and that when she refused to leave
he gently placed his hand upon her ana put ber ous
using no moro force than was necessary.
The plaintiff a plain, middle aged woman, with
pale face and dressed In dark clothing sat near her
counsel, A. @. vanderpocl Mr. sewcl, hnelookins'
robust man, . little moro than fifty years old, con-
sulted frequently with his lawyer, Colonel Q. James
The testimony for the plaintiff to the eject thae
IN September 1884, Mrs. 6cwell engaged her as COOK
at an intelligence Office at e20 month she wen.
TO -arystown but before the month was mp she toid
Mrs. Sewcl that she would go at the end OF the
month Mrs. eewen persuaded her to stay Tor
another week promising to pay her S5 for the week.
but couple Of days after the month expired told her
70 co. rs another cook had been engaged and offered
hsr Al end n few cents The exact amount the
plaintiff did not know, she refused to talSe the
money or to leave the house unless the additional 20
to wait In the laundry until Mr. sewell returned home.
when he came he told her to leave the house at once
and seirng her kicked and struck her and threw nor
down the steps, calling her vile name.
Mr. sRwELL DESCRIBES HIS COUNTRY PLACE.
Tho FIRST witness called for the plaintiff was Mr.
sewel himself, Who only asked about tho plan OF
the first floor and stoop OF his house, which he DO
scrib.d, and Kindred matters He said he lived az
No Gs West Forty fifth st., his countryseat being at
Tarrytown. He was at the aiter place In ocober'
1854 with his wife and two sons. His serv ants were
a cook a chambermad a, a waitress, coachman ana
gardener He described the house and grounds ana
tho shrubbery, and gave the measure ments OF the
library in which the plaintiff said that he first as
sauted her. and Of the hall and the doorsteps. BE-
Ing asked how he knew the exact measurements he
replied: Il thought somebody would ask me tho
question and l measured them'
The pla'ntl was then called to the witness-stand
She said she lived a. No. 369 Thirdave and had been
living outs for fifteen years. She related the CIT
cumstances Of her employment By MIS- sewell and
what followed, as set forth n her complaint After
she had refused to accept the amount offered her by
Mrs scwell to leave the house until shc rece,edd
that Mrs sewell said to her. "Youd better not stay
here. Ny husbands lawyer ., ~. cov
city He sent for the wtnss. who w was s.n, in the the
laundry and she wont to the Sry % Ho oeIss taSs sS sc
money Mrs. soweli offered you and leavcYT She
replied that the money was not enough II Then nnrn ne
Irions epthc He Kicked her and ruck her with his
fist aud threw her down the front steps when she
her. Then Mr sewen called out to the colored
coachnan: Eltah harness the horse and take her
usng an offensive name) to the station and dump nor
She said to him You drunken loafer, II there Is
any law In this country you'll get IT," MT sewers
breath smclt Of liquor and his eyes rolled wildly she
York Her body was covered with bruises She had
never been sick before day In her llle but since
assistance Her sleep was troubled and she had ter
ribe dreams.
SOME LIVELY CRoss-ExAMINATIoN.
Cross-examned, the witness asked by Colonel
Jamss whether she had not been expelled from her
brotber,s house on account Of her violent temper,
but the question was ruled out. She said that since
the as ault hor memory was bad but she told where
she hgd lived al different times giving the dates.
She was asked n she had not sworn at Mrs SeweH
and replied "No, I never swear.'
"Didn't you throw yourself down the stairs" she
was asked. She replied in the negative When
Mrs. sewen spoke to her about her husband being a
York. ,,,,. ,,,n,.a rushman,,
"No, / would be ashamed to call him an Irishman
or acknowledge him as suchn
"Were you born ir IIelandf'
Dr. Thomas IT, Steers, Of No. 353 West Forty
second-st who examined the plaintiff soon aiter me
assaut said there were contgslons on hr arms ,s De
affected. She had lost much nesh since lao4. ne,
fore that she said she weighed 152 IL pounds and
with anocma OF the SPINE Ellen Farley, laundrcss,
said she heard noise on October and saw inc
Iiantf thrown down the steps. Mrs. James Fooy
bruises alter the assault, and James Foy, who had
known her since 1872, had never known her to be
sick The trial Will go on to-day.