The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-08-11
MRS. ApISOORF LOSES
Justice Simms Sets Her Assail-
ants at Liberty.
Her Lawyer Declares the Decision
Is Unwarranted.
The Plaintiff May Take the Case to
the Grand Jury.

Moritz Aplsdorf, his brother, Joseph,
and the lRtter's wife, who while being
served with summons Yesterday brl-
tally beat MoritZ Apisdorfs wife, Sarah,
were e:onerated by Justice Simms in
the Essex Market Court to-day and were
discharged.
This was done. Notwithstanding that
the accused persons were drectly con-
tradicted In Il vital point by one OF their
own witnesses
Mrs. Apisdorf. hose strange story OF
suffering was told exclusively In yester-
days Evening World" accuses her
husband OF having robbed her OF her
coffee saloon and belongings at 1877 Allen
street, and OF having then thrown her
out into the street.
The specific charge against her hus-
band to-day was that he and his brother
and sister-n-aw had violently assaulted
her last Thursday night when she came
| 10 the saloon to ask for money for So
tenance. ON this charge Mrs. Apisiorf
yesterday procured a summons from JUS
| tice Simms, who told her to serve the
same personally. In her cndenvor to do
SO the poor woman was again beaten,
and would probably have been seriously
| Injured had not an Evening World" re-
porter happened along and rescued her
| from her assRilants.
She complained later in the day to jus
ticc Simrns, but was told to go home ana
| wait for the disposition of the summons
case. which has been made returnab,
| this morning.
! The Justice explained that his reason
| Tor tcilins the woman TO serve the sum
| mons personally was In order to make
| sur" that 1t was actually served.
Justice .'imnis announced this morning.
when he took up the case that he woul,
at trst only listen to the assault OF
| Thursday night. This precudcd the re-
porter who had Witnessed yesterdays
aS ,c,lt from tospItfylng.
Inc reporter thereupon asked to b,
permitted - appear, as tac woman's
counsel. THIS Mas granted. ard AZ her
counsel he demanded that the Dlficia;
T i"I, ,3grapher axe down tao nrceGdings
| justice SIEi'n" said that the official stem
n,rother person in his stead. Who had
| shown Ereht partially for the accused
and extreme bias against the accuscr
Af;er telling II s;raigh, forward story
| which was not shaken on cruEs-examina
ton, Mrs. Apisdurf sh wei the terrible
bruises she had received yesterday anu
t1e day before.
! she does that herself" said her hus-
band, who took the stand after her
on S9 Eh threw , iulI bottle Of beer at M
struck me on the shoulder"
Asked 10 show some mark. A,isdo:f
/ confessed that there VAS none, pNDlain-
| inS that tie bottle had struck him a
! CHANGING blow
| II" said the woman had gone into the
n,nG", and after saying TINT she was
hosa., had gone to the ice-bcX. taken
bottl" ana deliberately and with great
force flung 1t at him.
Ida '!Sncr, who - waitress for
ApihdIr, and who was called t. testify
on behalf or tho accused swore that
VIM" IL MAS true that Mrs. Apisdorl
had got bottle Of beer from the lee
box. II was NOT true that she had thrown
1.-The bottle" she said was taken
away from her by her husband
Another witness for the accused. n
SIX trimmed with laccs. said that she
had gently interfered to prevent Mrs
Apisdorf yesterday from harmlng Mir.
| Apisdurf and his allies.
| This witness WAS the last one whom
I the reporter saw returning to the as
sault yesterday after the others had
retired at mis- bidding She raised her
hhnu ana made iierce swooo ut Mrs.
/. Apisd"rr. The blow was varied OFF by
me reporter, who then pulled Mrs. Apis
| dorf away.
In the face of all this. the witness
sWore this morning thar she he'd not
raised her hand against Mrs. Apisdorf,
ana that she hal never seen the re-
Although Justice simms'- attention
was called to the fact that the accused
had been contrndlcted by their own
I
the bottle, the Justice said:
fhats nothing. 1t was testified to
that Mrs. Aplsdorf picked up the bottle
again after she threw II. Besides,
think this woman ~ really the aggressor,
ana ought to be punished She has no
right to 60 to the coffee saloon. and IL
she goes there again l will place her
under bonds to keep the peace"
| As to the Justices statement that the
evidence showed that Mrs. Apisdorf had
picked up the bottle again after the
alleged throwing. the Justice was mis-
Informed. On the contrary, the evidence
of tho accused themselves showed that
such an act was physical impossibility
as the sister-in-.aw claimed that imme.
diately after the alleged throwing she
put Mrs. Apsdorf out to prevent any
further violence.
In regard to Mrs. Apisdorf having
ben put out by her siSter-in-law, who
Il may he observed that Mrs. Apisdorf
the accuser, weighs nearly twice as
iAuch as her slster-in-law, and that she
Is glantess in comparison with the
latter.
Apisdorf. being asked. on cross-eXam.
nation, admitted that he was even nov
under bonds, and that Max Hochstein
saloon-keeper at Delaney and Suffolk
streets, the man who IL said to possess
such u great pull" Is his bondsman
Max Hochstein is the man whom Mrs
Apisdort charges with having told hel
that h would get her into Sing Sing Il
she did not give him Slv0.
After rendering his decision, discharg
Ing the accused and reprimanding anC
warning the aCcuser In the trst assault
case, Justice Simms said that he wa,
ready to go ON with the assault o
yesterday. Under the circumstances
however. Mrs. Apisdorfs counsel de
cl,ned to press the cnaITge.
Mrs, Apisdorf saws she will not lie
the matter rest where Justice Smm
left II, but will appeal to the Gran,
jury for redress.