New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-29
KELLY AGAINST CALDWELL.
THE CoMBATANTS BEFORE THE BAR OF
JUSTICE.

THE CoAiBATANTS BEFORE THE BAR OF
JUSTICE.
Hrs HONOR SMILES on BOTH THE BAD BOYS
AND ADJouRNs THEIR CASE TILL
DECEMBER 10.
While the Drunks and Disordercs" were en- sas'"e
che attention OF Justice O'Reilly, at the !eno,so
Market Police Court yesterday morning from ociocn
to TO- Starter Caldwell and James t. Kelly ooo"p
front seats inside the railing which separates ,o
from the outside world They saw a woman hhea CIV
for being out all night, and heard q ma" VIZ
bandaged head get ton days In addition 10 'uo 49,,
be received when arrested. The MN Oh u'o '1 as
ground rapidly, and 1t ground exceeding n"e oaeo'
were disposed of In an incredibly SNORT o"o - ~
zion ,yas .sroa ana answered and the prisoner got
ten DAYS. or Was fined $40, was discharged one
OF the culprits was handsome boy OF WE'VE Year,
IL was bad start for him. HIS Dig eyes hiieu VIZ.
tears as he faced the Judge. HIS mo.hei > e'0' i"
tears as she gazed upon him.
A. IN O'Clock the mill slowed down, ana the court
nrraca with the clerks cry Of James f. Kelly"
The white haired veteran of the turf ADVANCED 10 'e
bar in company of his counsel CRAZY look
ing as placid mill pond and as serene as summer
SUM- No sooner had he taken his stand In front OF the
indigo than AbeS Hummel cantered up with Mr. Cald
we'll in iowa busy little tug pulling great four
masted schooner
Jnstice O,Rely smiled as he sharpened his glanccs
q, the MARKEDLY and misunderstanding side by
shoulder to elbow, facing him. Caldwell lowered alo
solemn and majestic his polished crest glis'ening gh
above the hoary locks that crowned the dome OF MS
antagonist The look ON his ruby face was as inno-
cent as that which gave the babe in the wood his claim
TO public sympathy and admiration. His eyes whkled
not. nor trembed but gazed upon the arbiter OF his
fate as calmly Saturn back into the lace OF
the sum- snapper" Garrison himself never looked
moro beatifc even in his most gueless moments In
skirmishes at the post the Snapper has been hearo
TO murmur: Mr. Caldwell, must so back?' and when
the starter Numbered - III! the angelc
reply has been Yes SIR" Well, Caldwell was like
that in the august presence of the operator of the
Justice mill He was angelic. AS the Judge gazed
upon him he mentally resolved: Here is q man ID
whom there is guile; at least don't see any,
kely's countenance serious as that
OF Poe in the leather mask, and Princeton
after the game did not look more haggard and
downin- the-mouth than this hero OF hundred
fights with Jockey clubs and law makers
and unmakers. The contrast between tine attacKed
and the attackcr was noticed by all present IL they
had been weighed in the balance, Kelly would have
been found wanting. say, sixty pounds. But counsel
made up for all discrepancies. Caldwell and Hummel
were about standof against Kelly and Grady. Let's
see. Caldwell 200, plus Hummel, 100, equals 300;
Kelly 40, plus Grady, 160, equals 300.
Kely's charge was assault and battery, committed
I'm the st. James Hotel Thursday night, Novembe
CO. Hummel got the flag and Immediately went OUT
TO make the running. He crossquestoned Kelly, re-
fusing to let him say anything but "yes" and no."
keeping the poor man pocketed all the way without
chance t. through His eloquencc convinced every
body court that the assault the alleged assault mad
been committed November 90 and yet no complaint
had been made for six days! He thought that passing
strange Furthermore, the arrest of his client was
made on q public holiday, when His Honor was sup
posed to be eating his Thanksgiving turkey, far from
the madding crowd that had been out all night and
laundering after distribution OF justice. He dared
to inform the court that arrest on such day AMI
at such time smacked of the malicious and the vim
dictive; therefore he, Mr. Hummel, demanded justice.
Mr.. Grady screwed up his mouth lifted up his eye
the roots Of his front hair smiled benevolently
on His Honor and patronizingly on Mr.. Humme and
begged leave to differ with what had just been said.
"Mr. Hummel, your Honor he said, "f finding his
defence weak takes it upon himself to insult the prose
cuton."
Mr.. Hummel climbed up the side of the bar Of
Justice till his chin hung the edge. His right hand
smote the fetid atmosphere.
al insult this mani" he CRIED livid with rage.
GYou are mis-tak-eni ! would not condescend TO
insult Mr.. Kelly"
applause in the gallery and wrinkles in the judges
eye)
Mr.. Grady then, in slow, sweeping. measured stride
began to make up the lost ground lie Chester
field for quarter of hour, and his sweetness and
courtesy almost mildewed the room. Bnmmel was
trp-hammer, Grady a walking beam engine; and His
Honor was charmed by the melody Of the sounds
that he heard
Kelly, who had not heard OF Caldwell's arrest till
lie saw an account OF 1t In The Tribune-hear II, We
walls, that echoed with the sound OF the scuhle on
Thursday night WAS not prepared to prove To the
satisfaction of the court that Caldwell had kicked
him, therefore he asked for adjournment till no
could secure witnesses.
Caldwell insisted deciding the matter at once.
He had several witnesses hand, all ready
that there was no assault. Counsel snOrted and
cavorted, bowed smiled and looked pleasant each try
ing TO cajOe HE Honor into taking his view Of the
Svni In Tho of fha
J. see your HonOr's action meets with the approval
Of the opposing COUNSEL" said Mr.. Humme with much
bitterness OF speech
"Your client is in no danger, Mr.. Humnel" said tie
Judge.
And forthwith Mr.. Hummel climbed down from the
bar OF Justice and took his place the carpet.
Elk day, gentlemen" said the Judge. and 1t
finally agreed that Kelly, Caldwell. Grady and Hum
mel and all their friends, should have another seance
on December 10, beginning at 10 O'Clock a. m.