Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-03

He II Convicted Of Assault I'm the
Second Degree.
The audience in the court room Of gen.
eral sessions, in New York, yesterday, In
which Clubman Ellison is being tried for
assault. were disappointed because there
was no reference by counsel or by Recorder
Smythe of the incident Of Friday night,
when Lawyers Brooke and O'Sullivan Of
the defense were caught drinking with
three of the Jurors. This act is generally
regarded by lawyers as unprofessional but
Is not criminal and therefore, no attention
was paid to the incident.
1t is not generally known that Ellison
comes Of an old Maryland family, and has
many relatives in that state. Mr.. Osborne
of the prosecution. one of the assistants to
the district attorney. is also a southerner
and speaks with decided southern ac-
cent.
The days proceedings in the trial began
with the calling Of DR.. William A. Otis by
Ellison's counsel. DR.. Otis is a member Of
the Racquet Club and is an old friend Of
Ellisons. He Identified the cane as the one
he saw Ellison carrying the day of the as
sault. He advised him to have the handle
frightened up. The evident purpose of call
ing DR.. Otis was to prove that the cane was
not SO roughly used in the encounter as
Mr.. Henrique's reported condition would
Indicate.
Then the other side called Ellison to ask
what he knew OF Mrs. Neame's income Of
500 a month, but the recorder ruled out
the answer to that question. Ellison was
then asked II he had a crest
Il have. he answered.
rs the motto Of your crest Judge me by
my actions, not by my word?'" asked
Wellman.
II believe that is it. or something like
It,"
Here the witness took a small morocco
book from his inside pocket and tossed 1t
over to Wellman to read for himself. Mr..
Brooke asked where he got the book. and
Ellison answered that 1t was given to him
by Mrs. Neame. This was to show that
Mrs. Neame's testimony that she never
loved Ellison, but only tolerated his affec-
ttons because compelled to do so to prevent
his testifying against her in her husband 9
suit for divorce, was untrue, and to show
that she did know his crest and motto,
though she denied 1t on the stand.
Mr.. Brooke then summed up, closing at
AIS. after having spoken for nearly three
hours.
Mr.. Welln1an then began his summing
up for the prosecution. He arraigned the
defendant in severe terms. and said that
Ellison was Of the class Of men who have
a taste for dime novels.
Mr.. Wellman finished his summing up at
5:S O'Clock. and at o clock a recess Of one
hour was taken.
Court reassembled at TAO. and Recorder
Smythe delivered his charge to the jury.
$40 the jury retired.
Recorder Smyth Scores Ellison.
Recorder Smyths charge was a scorcher.
He referred to Ellison with deep contempt
throughout and dwelt with especial empha-
sis upon the depravity of a man who will
perjure himself even to save a woman
reputation. 1t was 9:35 O'Clock when the
recorder closed speaking, and Mr.. Brooke
spent the next five minutes in vain en-
deavor to persuade him to charge the jury
upon certain points favorable for the de-
tense.
"A corking charge" muttered Mr.. Brooke,
as the jury filed out.
What do you think of it?" asked a re-
porter.
"A second degree charge. A great charge
for the prosecutors"
Ellison Convicted.
Ellison was found guilty Of assault in the
| second degree at 1920 o'clock. The jury
stood four for first degree and eight for
second on first ballot.