Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-22
The Penalty Of $40 Imposed Upon Him
for ASSaU.tins Mr.. BOykin.
Testimony of the Witnesses to the
Difficulty which Occurred In the
DIspntch BuiIding on Saturday
Niyht-The Decision of the Court.

Conrt Yesterday morning. One or the
Iarpest crowds which ever assembled In
tho white chamber was in attendance.
and tbe proceedings were intensely in
teresting throughout. Several witnesses
wore examined. and the case was sub
nit,ed without argument. Justice Crutch-
fields decision was prompt! ana clearly
rendered. He fined Mr. Smith $40 for
striking Mr.. Boykin with STICK Du'
dismlssed the charge OF felonious assault
which had been lodged against the COM
attorney. Mr.. Boykin was
discharged.
Nessrs. c. V. Meredith and J: Kan
Tucker were on hand as counsel Tor MT
Smith. while Mr.. Boykin was Iep'eS'''eu
by $. s L. Patteson.
HEARING THE TESTIMONY.
Officer Wilkinson. who made the ar
rests. was the first witness put on the
stand. He stated that he knew nothing
NJ the affair. He received information
,hat a fight had occurred in the DIS
ratch Office between two gentlemen anu
he swore out the warrants for them.
Mr. f. &. Boudar. who is book-keeper
AT the Dispatch office. was then put on
the stand and examined. 1T was about
O'Clock Saturday night salu he'
"and | was at work at the oiflce' wheh
Mr.. Smith came in. Mr. Boykin "as
standing in the front Office talking to
me and some gentleman came in 10 he
waited on. and | went to the counter
| heard Mr. Smith say. 'Boykin, you
want 10 see me. If you want 10 see
roe. here | am | came down TO see
you' or words to that effect. Boyklh
said: We'll. | don't care To see you
don't care TO have anything to 90 WIN
vou.' Presently ! heard a scuilllhs III
The paesage-way. | heard some one say
You contemplate puppy. ruSne"
around there and MIR. smith hau M
arm, around BOykin's head ara hoyhi'
had hold of Smiths stuck. ! ven 'nv ',,I
and caught hold Of Mr. Smiths hahI anu
forced il out Of Boykin's hair There
vas some rough language used while they
were separated. -,
Here Mr Boudar was examine Nv
Mr. patteson. counsel for MT boyh"'
Mr.. Smith came in with walking
cane What size stick was II! aSheu
MI Pattcson. hoo,.,,
one ..,. .na.oo
Witness I didn't see nm uItl, ,,, ti.e NJ
G,ultv occurred. when / was pulling Mr
| saw him come up. ,o
Counsel: Did he take any part IN lt'
DREW BACK HIS HAND.
Mr. Houdar: He drew back his hand as
r. threatening to hit him. | don't think
Nr Williams intended TO hit him at al,
but he drew back his arm rs though he
would do II.
witness: About i've minutes. perhaps
Counsel: Did Mr.. Smith come in by
himself >.
Witness: Yes sir; he was by himself.
Counsel: Are you sure Nr. Smith had
hie stick IN MS hand as in the Ordinary
way in walking?
counsel: Would YOU know the stick if
Won were to see IL"
Witness: | don't know that ! would.
Counsel. We'll. how large stick was II?
Witness: | don't know exactly.
ar Boudar Wa here shown the stick.
ana recognized il as tiv' one used by Mt.
smith in the fght1 ne,
Ca,,r.cI. what sort OF language did
Mr.. Smith use?
witness: Wei. I would not Ike to IN
dcrt,ke to say. 1 was not paying the
eu~htest attention TO that. ! was en-
ea2ed i'm trying 10 quiet them.
Counscl: DO you know anything about
the origin Of the difficulty:
Witness: No. except by hearsaN
MIR c. V. Meredith. counsel for Mt.
Smith. next questioned the witness.
Counsel: / understand you 10 say that
Won cannot recollect any Of the language
used by Mr.. Smith?
Witness: No. / cannot recollect.
counsel: After they separated did 1t
NOT take two or three men TO mold Mr..
BOykin.
Witness: We'll. Williams was getting on
very well by himself
SORRY HE USED \ STICK.
Counsel: Is 1t not a fact that he Clr
Smith said Il regret having to strike you
with this stick. but my left hand IS
lance"
witness: Well. heard him say h.
vyould not have struck him with a stick
If he could have used his left hand
Counsel: Can you recollect any Ian
guage used?
Witness: I would not undertake TO say.
Counsel: Did YOU hear the language
used over the phone by Mr. Boykin;
Witness: No, / do not Know anything
about that AZ all.
Counsel: All that you recollect hearing
was Mr.. Boykin saying in the beginning
OF the difficulty. Il don't want TO see
YOU or have anything to DO with you?'
Counsel: What door did Mr. Smith
come ia by?
witness: The front door.
Counsel: Where were you?
Witness: Behind the counter.
Counsel: Where was Mr.. Boykin?
Witness: He was behind the counter.
Counsel: Was Mr. Smiths manner
threatening when he came in?
Witness: We'll. don't know. He has a
rather bluff way about him anyway.
The fact was brought out by Il question
from Justice Crutchiield that Mr.. Boy
kin had not used any insulting language
To Nr Smith up to the time the latter
called him contemplate puppy"
MIR. SHOWS TESTIMONY.
Mr.. c. B. Snow was next put on the
stand. and testified as to the language
used by Mr.. Boykin in talking over the
phone TO Mr.. Smith in Chelf's drugstore.
on Third and Main streets. He said
that he heard the whole conversation
over the phone. lie heard Mr. Boykin
say, 81 don't like your tone. asked
these questions in civil way and | eX-
pected civil answers, and these | did not
get In the future | will not expect It,"
Then Mr.. Boykin started to say some
thing else, and stopped. saying Il won't
say what | have got to say through the
phone. but | will wait until l see you"
There was n good deal OF questioning
on the part of Mr.. Meredith to bring out
lust what words Mr.. Boykin was about
TO utter. but the witness said this he
was unable TO tell. He could not. Of
course he said. know Mr.. Boykin's In
tentions as TO that. Mr.. Snow said later
in the examination that he heard Mr.
Roykin say, 81 don't care d
THE PHONE conversation.
MIR T. W. Chelf, the proprietor Of the
drugstore on Third and Main streets.
then took the witness chair.
81 know nothing In regard to the fight,
said he. II only know about the conver-
sa.ion taking place over the phone,
g., tha first , heard was Mr. Boykin