The sun., 1893-09-28
Mr.. HENRIQUES TESTIFIES.
ELLISON PERSECUTED HIM AND mrs
DAUGHTER, HE SAYS.

Threatened to Testify Against Her In
Her Divorce Suit. to PubIish Her Lee.
ters. and to KIN Her Father-Ho De-
scribed Himself ms u Desperate Brnp.
without Friend In the worid-IIe Chsi.
lenRed Mr.. Henriques TO Fight Duei
Across n Tabic-EiIison Interrupts the
Openinr with n Singular Hollow Laugh.
Had a shrek OF pain or pistol shot broken
the quiet which usually prevails in Recorder
Smyth's court room. 1t would have not pro-
duced a more sensational disturbance than
did the harsh laugh with which Prisoner Frank
Ellison interrupted the opening speech OF the
prosecution Just as he was dramat atically de-
scribing the manner in which he said Ellison
savagely iabbed tho iron pointed end Of his
cane into the facs OF his PROSTATE victim. All
the circumstances and conditions Of the incl
dent aided In making 1t one Of the most sen.
sational that ever occurred before the "impla-
cable-faced" Recorder.
After two days and q half OF contention Q
jury had at last bcen secured to try Ellison for
his assault on Broker Henridues. The sent
ing OF the twelfth jurymnn had been followed
by that moment OF silence which in exciting
criminal cases is more indicative OF intonse
interest than the occasional bursts Of applause
or laughter. In that moment OF silence ELL
son. sharply realizing that the real struggle
for his release or his banishment from the
world was begun. slowly colored until all OF
his big heavy face was deeply tinged with the
surglng blood his will could not conquer. He
realized that he was revealing his emotions.
and. turning slowly in his chair. affected
yawn OF boredom or Indifference.
Then followed quick. anxious consultations
OF attorneys, shuffling OF legal papers, nerv-
GUS shifting Of spectators. hurried whispers.
md m NJ IN nistr lnt AttorD W. "a.
tives, Mr.. Osborne. rose. paid his formal re.
spects to the Court and turned to address the
jury In opening for the people.
1t Is quito probable that the dramatic In.
cident OF the day would not have been possi-
BILE had not Mr.. Osborne made the opening: 10
Is certain that better advantage would have
been taken OF 1t had the other member OF the
District Attorneys staff present. Mr. Wellman.
been on his feet. Mr.. Osborne is a southerner.
and. according to the temperament OF some
members OF the bar from across Mason aud
Dixon's line. ho takes himself and more par
ticularly his profession. seriously.
In his opening address he had concluded his
story OF the interesting social relations be-
tween Ellison. the defendant. and the family
OF Mr.. Henriques. the compl aiming witness.
He was making an effective address. in spite
OF the frequent objections made by Mr.. Brooke.
chief counsel for the defendant. When he
came to the story Of the assault he was no
longer interrupted. and he secured the close
attention OF the jury and the spectators who
crowded the court room. His voice was the
only sound that broke the silence when he
reached the point In his narrative whers he
described Ellison kneeling upon the body
OF Henriques. viciously iabbing the iron
point Of his cane into his victims face.
seeking. as Mr.; Osborne asserted. to pene-
Ing 'f Far S over the rail that separated him from
the jury. speaking In low intense voice.
prisoner grasped the cane and jabbed 1t with
hercs downWaMrd I'D thrnsts, when the .h harsh
Mr. and Ell Eson had
been leaning back 10 his chair laughing.
torney who had turned toward hi IN with .loo.
ana mr. We@aa half %
minister the rebuke for which the incident
iorestaliei his associate By slowly raising biz
hand pointing at Ellison. and saying In low
=, II the picture am endeavoring to truth,
fully portray seems TO possess @ any element OF
danger Of the situation. and the third attorney
Chanler. jumped to their feet; and In chorus
eagerly, assured Recorder smyth that Mr..
Mr.. Welman's. they asserted. which had
'AThe TRe Recorder eco replied severely The assur.
10 besye
address to affect him to laughter" +, ~,
The comment OF many of the spectators was
that II Ellison should be convicted By the Jury
occasion to regret the Incident.
The Incident was talked about for hours az.
heard he Md a as to to what advantage MT. Weiiman
would have taken Of the opportunity The
sssnts might be
pared with that between trained setter dog
and IS gssnk sssyns BIZ s d aad t5s a.l
but he does not yet always know what 70 do
Thsn hears Gi R HE s
experienced and a New Yorker. has quicker
eye and scent for game. He would have liked
cussion OF what might havo been is always uu-
Mr., Ellison came into court yesterday for the
clothes and thS third style O. ~ SPIT m he has DIS
s black 6a to DO
just as the morning session opened Mr.
h tns esref Cd M me- s9om en- he
Mr.. Ellison adjusted his eyeglasses and "a
vored the aged broker , With long: hsaghty sst
they they had but one challenge left wherewlth to
point OF view might be doubtful or objection
able. This state OF tho case did appear to
worry Ellison. for he pulled prodigiously ut his
heavy dragoon style OF moustaehe' and IN ; sey;
eral other ways suggested that his usual stolid
Indifference had been pricked.
Tho first ten talesmen were excused In rapid
order. some by tho peoples challenge. some
dice. One OF them was acceptable to both Mr.
Wellman and the Recorder. hut not to Mr.,
Brooks and upon him the defence exhausted
its last challenge. Alter a failure In the cass
OF twelve talssmen tho Iury box was filed py
the acceptance Of Oscar VOL. grocer OF 3lA
Greenwich street. .
Before Mr.. Osborne rose for his opening Mr..
Henrinues moved from his chair by the side OF
Mr. Wellman and took another directly In 'front.'
ofthe bench. sitting with his lett side TO the
Jurors So that tho scars on his faco. which
we're described by Mr.. Osborne. could be seen
by the faithful twelve in tho box.
In the beginning Mr. OSBORNE explained that
the defendant stood charged with two offences.
assault in the first degree and assault In the