The Newtown bee. (Newtown, Conn.) 1877-current, 1890-09-12
STRATFORD.
rnE pAsrARpLY ASSAULT CASE.

lie DASIAhDL1 ASSAULT CASE.
.aJustine G. H.sPeck presided, Saturday,,
at,the trial of the Bridgeport men charg-
ed with assault on f. p. Beardsley and
Charles Il. Curtis Grand Juror II. b.
Fairehild, who prosecuted, had engaged
Stiles hudson, Inland tine defense was
represented by Howard Curtis. Fitzger-
aid, Leonard and Carney were present,
but the burly New York policeman who
had given the name of John Doe, though
really Joseph FitzSimmons, Bridge
porter who joined the New York police
force about four years ago, forfeited his
bond of $25.
1t was decided to try the men together,
the decision of the court to apply to each
separately. The men were arraigned on
three charges, assault, preach of the
peace and drunkenness, Leonard alone
being excepted from the latter charge.
The first witness for the State was f.
p. Beardsley, who said that, while on
his way to Minor Smiths to do some
work, he was overtaken by the Bridge
port team, near Ferry bridge. As they
were passing, Fitzgerald struck Boards
ley's horse twice with his whip, causing
it to dash ahead. When near Smiths,
Fitzgerald came up, grasped Beardsley
by the collar and punched him, throw
ing him into the bottom of the wagon
and tearing his clothes. Carney also at
tackled him, at which Beardsley kicked
him in the face. Then Curtis, coming to
the rescue, was struck in the face by a
heavy seal ring on Carney's hand. At
almost the same instant, Beardsley was
struck by a fiat wagon seat welded by
John Doe. Minor Smith arrived before
a second blow could be struck by the po-
liceman and Beardsley jumped to the
ground. No further blows were struck,
although the party expressed desire to
click Minor Smith," who promptly pull
ed off his coat. Mr. Beardsley's torn
clothing and broken whip were introduc-
ed as evidence.
On the cross-examination by Attorney
Curtis, Beardsley denied that he attempt
ed to prevent the Bridgeport party from
passing him at Ferry bridge and else
where; neither did he hear them coming
nor hear them ask him to turn out. Nor
did he strike Fitzgerald with the whip as
he was climbing into the wagon. He
did not see the wagon seat thrown from
his wagon at Carney. Beardsley ack-
nowledged that he gave Carney severe
blow across the face with his foot, bat
didn't know how Fitzgerald's tooth be-
surprised if his heel had done it. He
could not tell how Fitzgerald's foot or
Does face was hurt, unless it might be
that same heel. Beardsley emphatically
denied that he was racing with the
or in any way obstructing
their passage. Justice Peck ruled out
questions relating to the civil suits
brought by Beardsley against his assail-
ants and
Charles f. Curtis, 3cardsley's compan-
on, was called. His testimony in regard
TO the assault was similar to that of Mr.
AS Fitzgerald attacked
he shouted, "You ----,
you're the man want" Curtis also tes-
lifted that neither he nor Beardsley at !
tempted in any way to obstruct the pas
sage of the Bridgeport men, whom he
as intoxicated. He also denied
that either he or Beardeley
had in any way annoyed or provoked the
men. Leonard was in the wagon at the !
90 nd NJ hnt
Carney, who had jumped out with Fitz-
gerald, was not by any means attempt
ing to separate the fighters. Curtis did
not throw his wagon seat at any one.
Beardsley was recalled to say that the
men appeared intoxicated.
Minor Smith, the hotel keeper, was
then called. He said that he was behind
the teams when they crossed Ferry
bridge, Beardsley being on the extreme |
right. Fitzgerald's double team, envel-
oped in a cloud of dust, turned to the
left and he saw Beardsley's horse jump
forward as if struck sharply, taking the
cad. The double team followed on the
same side. He passed them near Stiles
Judson's, there being plenty of room.
lie was driving into his barn when the
assault was committed and saw Fitzger-
Id jump upon Beardsley's wagon to as
ault him. He saw Beardsley kick Car
ley and also saw Curtis, when he tried
o prevent further attack by Carney,
truck by him. He did not see how Car
ey could have separated Fitzgerald and
from the position he took and
bought that they had been "half seas
ver."
Constable Stage, who made the arrest,
bought that the party were intoxicated. :
hey had, however. been at Beck's Mil
ord hotel, where there is bar and 9TH
r appurtenances.
Here the State rested.
Charles <. Plumb, the first witness for :,
lie defense, said that he was cycling ,
long the Ferry road with the Bridge !,
ort team. Fitzgerald asked Beardsley :
, let him pass and he looked back, but
IN 40 no raplv alca triad to racS