Morning journal and courier., 1889-05-22
srIk COURT RCORD.
Superior Court Civil Side Judge
 Fenn.

Superior Court - Civil Side Judge Tenn.
 The suit of Ex-Lieut. Newcomb NJ. Bas-
 sett, bookkseper for s. E. Merwin & Co.,,
 vs. Police Officer Patrick Doherty for 5000
 damages for injuries received on May 30, 1887, was begun yesterday in the civil side unnecessary and brutal beating of the con-
 plainant by the officer. Attorney Platt and
 Moran appeared for the plaintiff and Attor-
 ney filling for the defendant. Dr. c. Purdy
 Lindsley testified as to the medical treatment
 of MT. Basset The latter had one of his an-
 kles broken.
 MT. Bassett was called to the stand. He
 testified that after returning from yachting
 trip on the evening in question he was standing at the corner of State and Chapel streets watching the military parade. With out any provocation, he testified, Officer Doherty assaulted him. In the assault Bas- setts leg was broken. He was, though pro- testing that his leg was broken, taken to the police office and locked up. He was removed to his home and was laid up until June F. He could not walk without crutches until October 1. He rode to his office in a cab until he could walk, and 1t cost $45 for car riage hire. He said his salary is $1, 400. He testified that he did not strike the officer, but that he was seized, pushed violently by the policeman and fell On the ecross-exami- nation he said on the yachting trip from which he had just returned when the affair occurred, there was lager, whiskey and rum on board the yacht, but he was not intoxi- cated.
 Tie next witness was William H. Shute, a boatman of Fair Haven, living at 76 South Front street, who testified that he saw Off, n.1 oIa r SArt n,,1 strike him. He heard the cry from Doher- ty, 'fget back, ," and saw Doherty grab MT. Bassett and push him so that Bassett fell ,and 1 heard the latter say that his leg was broken. Witness said he considered that Doherty | used Mr. Bassett very roughly. He saw Bas- sett dragged to the police wagon and heard Bassett say 'T can't walk" and DohertY say I'll teach you how to walk. He heard
 Bassett after he was hurt exclaim to the officer, that if he had pistol he would shoot | him.
 James B. Kelly, machinist, testified next. | corner of State and Chapel streets, at the | time of the occurrence in question, and when ' the military were passing and the crowd was dense at that point, saw Doherty put his | hand to Bassett's breast, and saw l Bassett fall and dragged to the police wagon. Doherty used 8 vile word in speaking ' to Bassett. He saw Doherty drag Bassett by ! the collar after the latter was hurt. Heard Bassett say he could not walk and Doherty ' reply, "I'll learn you how to walk" Doherty held him down till the police wagon came. Replying to Mir. Platt's question witness said
 he considered that Doherty greatly misused the prisoner ard treated him in brutal | manner.
 I Lieutenant Governor Merwin was the last witness of the day and testified that MT. Bas-
 sett had been in his employ twenty-five years and had always been very efi- l cient, reliable and trustworthy. He had never, been remiss or neglectful of his duties or obligations and had always con- ducted himself like a gentleman. Consider l able pleasantly occurred and the case was 1 not devoid of humorous points made at in- ! tervals between counsel and witnesses. In reply to MT. filings enquiry of General l Merwin if MT. Bassett was not intoxicated at l the time in question, General Merwin said | that he met Mir. Bassett only short time be- fore the occurrence in question and MT. Bas- sett was in his opinion perfectly sober. MT. filling asked the general if Mir. Bassett did | not take a glass of "suthin warming" at ] times, to which the general replied "yes" ! and with a humorous side glance at the 1 lawyer, 'siust as we all do."
 Here the court was adjourned until this morning at ten o'clock.