New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-10-03
PROSECUTION AND DEFENCE.
THE STORY OF THE BRUTAL ASSAULT RE-
COUNTED.
RECORDER sMYTH'S CHARGE-THAT NAN
sHCULD PERJURE HIMSELF TO SAVE THR
HONOR Of A WOMAN. HE SAYS. as ALL
TALK AND NOT TIE LAW OF THE



THE INCIDENT OF FRIDAY NOT MENTIONED.
The audience. which usual was as large as the
size OF the courtroom permitted. was agog with
excitement when Recorder Smyth took his seat at
l1l7 o'clock The fact that Mr.. Brooke and DR..
O'Sullivan had been drinking with three jurors in
the cafe of the Cosmopolitan Hotel on Friday nght
it was thought. would be called to the attention OF
the Recorder by Mr.. Welman. This expectation
disappointed.
The trial. however opened IN an entirely matter
of-fact way. The September term of Part III Of
General Sessions having expired. the October term
began yesterday morning. Judge Cowing had gone
on the bench at II o'clock long enough to adjourn
the October until to-day. The September one
was extended another twenty-four hours.
When Recorder Smyth had taken his seat Messrs.
Brooke and Chanler and DR.. Osullivan engaged
in a brief consultation Then the senior counsel
called DR.. William A. Otis to the stand. The wit
ness said he lived at No. 5 West Fifteth-st. He
was asked to testify merely that Ellison spoke the
truth when he said that he had been at the Rae
uuet and Tennis Club the day before and the day
Of the assault Mr.. Henrques. DIR. Otis is
member OF that club. The defence thereupon rested.
The prosecution then began Its testimony in rebuff
tai Mr.. Wcman called Ellison back to the stand
and asked him:
Ibid you not testify that Mrs. Neame's income
Is 500 a month";
II did,"
did you not know that she to inherit $4,000
from her father?"
Recorder Smyth ruled this question out.
THE DEFENDANTS CREST.
Have you crest?" the prosecuting attorney
asked next.
II have"
"Is the motto your crest, Judge by my
actions. not by my words ?"
II believe that is 1t, something like II. You
can look for yourself and what it is."
With this Ellison handed a small morocco
pocketbook which he took from his pocket.
Ibid Mrs. Nea{he give you this book%'
"She did
This ended the prisoners testimony Thomas F.
Sleck. formerly manager of the Manhattan Beach
Hotel where julius ProkaiIxy was once employed,
called next. Prokasky' was witness for the
defence and Silleck asked whether his reputa.
ton for truth and veracity.' the old legal
formula has 1t, good or bad. 1t bad de-
clared the witness. who however. said he would
believe Prokasky under OATH So the defence and
the prosecution both looked pleased
Mr.. Henriques recalled to identify the
weapon which he had June pistol which Mr..
Weman handed to him. 1t was short Derringer
OF Il cabre. and could be shot but without
reoadng This testimony was to indicate that
the complainant carried the pistol rather to sum-
mon aid than to do harm. for he would naturally
have armed himself with revolver had his inten-
tions been murderous.
The two witnesses who Ellison in the Sixth.
restaurant shortly after the assault, Messre
Allen and Fatman, were recalled to declare that
Elhsons lip not cut at that time. Neither
side had any further testimony to offer.
MIR. BRoOKE's SUMMING UP.
At fifteen minutes after the noon hour. Mr.
Brooke began his closing address to the jury. He
asked them first to lay aside all the extraneous
facts which had been brought into the case and to
direct their attention strictly to the matter OF the
indictment. Ellison charged with assault in
tho Grat md butao
fence. He had been convicted OF a simple mis-
demeanor. a trivial assault. by his plea OF guilty,
that the law fixed his punishment absolutely,
should verdict Of guilty be found. The Judge
would have dscretion: he could not lessen the
sentence account of any mitigating circum-l
stances. The law was that II they found the pris-
oner guilty Of assault In the first degree. he must