The People of the State of New York v. Louis McDowell, 01 January 1922 (Case 3077)
Arthur Johnson, a broker from Cincinnati, testifies that he had come to New York with his wife on October 13, 1921, to see the final game of the baseball World Series at the Polo Grounds. They had met friends for dinner that evening at the Hotel Bristol on 48th Street. Johnson had stepped away to go to the bathroom in the basement when an unknown assailant attacked him with a wrench iron. Johnson fought back, seized the wrench, and beat his attacker about the head. George Ferguson, a police officer, arrived a few minutes later. An ambulance subsequently appeared to take the second man, Louis McDowell, to Bellevue Hospital. The defendant, McDowell, testifies that he had dined that evening at a nearby restaurant. He had entered the Hotel Bristol to use the bathroom when an unknown person had attacked him with a wrench. McDowell admitted, on direct examination, that he had previously been convicted three times for grand larceny. The jury, after retiring for twenty minutes, found McDowell guilty of assault in the first degree and the judge sentenced him to a term of five years in the state prison.