Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-22

| 20 an exclamation. hut he added an add
,IonaI insult. AS I said dirty puppy
he started to hit me. But / am positive,
I'm the sight of God, he had his face TO
me al fair and square as ever a man oid
face another AS say. hit him twice
| He says / brought him TO his knees.
| didn't hit him with any purpose OF hurt-
ing him. ! didn't try to hurt him. and
| think he Is absolutely mistaken when he
| saws I brought him TO his knees. ! have
absolutely no use of this hand. tHere
| he showed his left hand) I cannot close
| my hand any further than that tHe
closed it about half way) | cannot do
that without excruclatng pain. | only
had the use of one hand. | could have
| kept him at a distance. | did not want
| to hit him any more. He rushed at me.
and grabbed him. | had him around the
neck and had his head under my arm and
/ could not hit him. II | had hold OF his
| hair | must have had his hair In the same
hand with my stick. I could have done
whatever I pleased with him. | did not
want 10 hurt him. 1t took some eight or
ten people TO hold him. ! told the crowd
| had no use OF this hand. | cannot use
It at all. and when he came towards me
hit him with the stick. did not arm
myself with the stick TO go down there
to find him. / have no hesitation in say
ing I went down there 10 get an explana-
ion. I walk with a stick all the time,
and having il in my hand II was the most
natural thing in the world that hit him
with the stick when he came towards
me-"
HIS CROSS EXAMINATION.
The witness was here cross-examined
by Mr. Patteson.
Counsel: In the conversation held over
the phone you have not said what Ian
guage he used that you took offence at
Witness: Well; | caunot remember ex-
! actly.
Counsel: What was the oath he used?
Witness: Well; he said d--n.
Counsel: Didn't you say to him you
didn't care a continental?
witness: | think said IL don't care. "
lie had said he didn't care a d--n.
Counsel: Didn't you say you didn't give
a continental before he used the word
d--n?
witness: No; he said: Il don't care a
d--n. D-n you. anyhow
Counsel: When you went TO ask for an
explanation did you ask for one?
Witness: Well, / said: you want TO
see me, don't you?'
Counsel: What else did you say?
Witness that Is all As he says, he
treated me in very contemptuous man
I ner, and | was SO disappointed at his
not giving any reparation that / said he
was contemplate puppy"
Counsel: When you go for an apology,
do you think 1t is likely to result in an
apology when you carry a stick and
hold it in threatening way?
Witness Mr.. Boudar testifes that
walked in the office just in my usual
manner. II / walk with a stick all the
time | don't think / would put the stick
down Just because | was going to ask
for an apology
Counsel: When you ask for an apology,
do you call any one contemplate
puppy?
Witness | gave him every opportunity
to make an apology.
Counsel: Do you think the manner
In Which you approached him was pro-
per way 20 get a peaceable adjustment
Of the matter?
Witness: / really looked upon it that
was going down to see a boy.
DIDN'T HIT TO HURT.
Counsel: II you thought he was a boy,
why did you strike him with a stick.
Witness: Wei. he started at me.
did not hit him to hurt him.
Counsel: You cannot remember the
language that was used TO you by Mr..
Boykin that caused you to take this ac-
ton?
Witness: No; cannot. | know It WAS
language that was very insulting. and
that no gentleman could allow to go by.
Counsel: Mfr. Smith, what position do
you hold in Richmond?
Witness: ! draw a salary for the Com
monwealth's Attorneys Office
This line OF questioning was objected
TO by Mr.. Meredith. and he was sus-
tained by Justice Crutchheld. The case
was then submitted without argument
Justice Crutchfeld disposed of the case
in the following words: The charge of
felony against Mr. Smith is dismissed.
The warrant should never have been IS
sued for felony. Mr.. Smith did wrong
when he went to the Dispatch office. He
made an assault on this gentleman. which
was unlawful. For that he is to be pun
ished fine Mr.. Smith so, and dis
charge Mr. Boykin."
The large crowd in the courtroom then
was soon reduced 10 one about the size
OF n corporars guard. and the other bust
ness of the tribunal was resumed.