Morning Herald

Curious Case of Col. Maynard, A British Officer.—A garbled statement having appeared in the Courier and Enquirer, in relation to the outrage perpetrated on Col. Maynard, a friend of that gentleman called on the British Consul, by whose interference the investigation took place before the Mayor of Brooklyn, and who obtained from the consul a copy of the examination of the witnesses, which we give this day.

Col. Maynard's father was Governor of the Island of Nevis, and now resides near Bristol, England—having acted as colonial A. D. C., which gives the rank of Colonel.

The transaction took place on the 3d inst. No notice having been taken by the public authorities while Col. Maynard's life was despaired of, having remained unconscious of the outrage, the consul felt it his duty to visit him, called the witnesses, took them on the ground, and called on the district attorney to have the matter investigated; and, having attended the examination, though the Colonel was unable to give any account of the assault, yet the outrage was clearly established: upon which the consul stated that he had performed his duty, the affair was one of the people, he should not interfere further, but leave it with the magistracy of the city to do as they pleased, as he was not actuated by any other motive than to see justice done a subject of her majesty.

Abraham Randall being sworn, saith, that on the 3d day of September last he was present at Bedford when the occurrence took place, opposite Mr. Jones' house,—he saw two wagons in contact. He was about 100 or 150 feet distant, and heard violent expressions. Mr. Simonson was in one wagon and Mr. Maynard in the other. The language uttered by both parties was very violent, such as damned rascal, blackguard, and scoundrel used both when in and out of the wagon. Col. Maynard was on foot and was nearest to him. He saw but two blows given by Simonson to Col. Maynard; at the first blow Col. Maynard staggered, the second knocked him down. Witness ran to his assistance, but when he reached Col. Maynard he was down; these were the only blows he saw struck by either. He expostulated with Mr. Simonson on his conduct, and suggested the necessity of getting medical assistance, as Col. Maynard appeared to be insensible. Mr. Simonson used all possible exertion and procured assistance immediately; expressed regret, but said he was provoked by hard names. When they got out of the wagon Mr. Simonson advanced toward Col. Maynard. The wagons were not locked together but believe Col. M's horse ran away. Col. M was coming towards Brooklyn, Simonson towards Jamaica. Col. M got out on the right hand, next Mr. Jones' house, and Mr. Simonson came round his horse to Col. M., whose horse ran off towards Brooklyn. Mr. Simonson occupied the largest space of the road; witness did not observe them previous to the meeting. Simonson told witness he had begged Col. M's pardon for running into him—acknowledged he was in the wrong—that he had sent his boy another road for some stock which had strayed—assisted to carry Col. M. to Mr. Jones' house.

Richard Jones, of Bedford, sworn.—Witness saw Mr. Maynard jumping out of his wagon and his horse running away—was standing at the door of his own house—could not tell what they said to each other—ran round the house to get to the road; the first thing he saw was the prisoner strike Col. M. A picket fence was between witness and them, and he could not see whether Col. M. got up after the first blow. Witness saw prisoner give Col. M. another blow, when he fell, and witness got to him. Randall's boys were there a second or two before him at least, who expostulated with prisoner, and begged of him not to use further violence. Randall came forward at same time. Col. M. was speechless. Witness told prisoner to go immediately for a doctor.

Mary Ann Jones, daughter of former witness—Saw the two wagons come in contact, and prisoner and Col. M. jump out—saw prisoner give the first blow—saw Col. M. receive his second blow, which felled him to the ground. The blows were with the fist—saw no other blows given—did not see Col. M. strike the prisoner—did not hear any words that passed—Col. M. was carried to her father's house, where he remains under medical treatment.

David Foley, apprentice to Mr. Randall the painter—saw two wagons come in contact, prisoner in one, and Col. M in the other—did not hear any words pass between them—saw Col. Maynard back his horse and jump out of his wagon—by backing his horse to get clear of prisoner's wagon one of the shafts was broken—his horse started and ran off when he turned round—saw prisoner strike Col. M. with his fist on the neck or jaw, and knock him down—witness ran towards Col. Maynard to raise him up—told prisoner he should not strike any more—prisoner replied, what, are you come to take him up—I will give you some like it—witness carried Col. M. to Mr. Jones' house.

William Malford Smith, painter, was at work, on the 3d of September, at Bedford—saw the wagons together—Col. M. backed out his wagon—he heard loud talking together—after heard Col. M call prisoner a damned blackguard, and said that he ought to have a licking. Prisoner replied that, perhaps he would like to do it. "Yes, I would," was the reply. Col. M. got out of his wagon, his horse ran away—prisoner got out of his wagon—witness was looking after the horse, which ran away, and turning round he saw prisoner strike Col. M.—witness followed the other lad to where he fell, and heard prisoner say he would give Foley as much if he interfered.

This gentleman is now considered out of danger, and is fast recovering.