The New York Herald Newspaper, September 29, 1849, Page 1

THE NEW YORK HERALD. NO. 5593. The Conclusion of the Tri i Astor | Place Hioters—Verdict of the Jury. COURT OF GENEKAL SESSIONS. eommenced throsiag given to fire. The mobthen of Capt, Carpenter shows Before ' ps he on W tke Gotta See Terk oe Kelly. | that in the early part of the evoniag Lenure lirestioes E.-Z.C Judson, ‘George Douglass, to keep the opening to the theatre clear; te Kuwp the Thomer Bennett, John Norris crowd which was collecting bank from the house; ex- Jeo Hugb Mataughlim, pressions were made ure of in the crowd to the affect ‘Alexander Howack, Fuses Ooo, “hit the stars.”’ referring to the policemen, who are Slentd d. adslenee’ ‘O'Neil, distinguished by that badge of offen; to bring up @ reserve ef policemen Vicinity. and they arrived just in time to prevent the mob forcing an eptiance into the theati hey bad al- ready hurst the panels out of the door; under hiv direo- tion. a body of policemen after the arrival of the mili- tary altempted to clear the atreet; it was a failar mall bedy of cavairy and infantry were assailed with stones, groans and hisses: then the mohbecame more pl oh street. 2. Corpelius Dewit. liquor dealer 135 Amon street. 8. David Page. public house, corner of West and Ho- Doken streste 4. Patrick Downey. tinsmith. 887 Grand street. 6 Robert Waterhous+ grocer. 61 Pitt street. 6. Chas. Buckstone. grocer. 115 \ mos street ‘Washington street riotous: the glarsex of the Opera Hours were broken; 8. Alanson H. aoe bmmy unio bo Genmaniet the lamps were broken. and the cry was heard ‘put out Jeremiah Hawley. fruit merchant. 10 Fultonstreet. | the lights” from the mob. the 10. Thomas P Cooper groeer 103 Kast Broudway. of the Recorder in Tl. Gorbam P. Taylor 122 Monroe street ing the mob to retire— m 12: David Newman groc Broad atree follown advice~ ud police- Counsel for the People—Miesars Mokson, Whiting | men being wounded before any order givento fre— that the first fire appeared to bave no effect on the mcb ‘The mob filled up all the apace from Broadway lips. Oout wel for the Defence—Mersra. Smith, Busteed. to that testimony the evidence of Prliceman Welsh. that he raw Dovglass in a crowd of Fiotous persons that were aneniling the Opera House with stones He was in a mob, eogeged in throwing missiles of different kinds He saw Douglass throw @ stone or attempt to throw it; and he seized him im. mediately, He was taken into the Opera House fle wan ip & mob of persons yelling and shoutiog. and throwing missiles, The rallying cry “Right | Sght! then threw a stone at the Opera Houre. to slip or drop from his hand: he stooped and picked it up As to identity, he awaars to the beet of bis judgment be isthe man. He appeared to be deaf ; he was very cool after he was bronght in The witness said te bim. be was very foolish for being there: the prisoper remarked he only threw one atone. Remember this important fact was elicited on eros examination by the skiitul and modsst connsel of Douglass The witne: amination, stated he taw the stone in ¢ He mada the motion as if throwing it: and whi the witarss rested bim. simultaneot with this motion the ftope was net in bis hand The witness stood within two feet of the prisoner; Douglass was on the edge of the mob Whenever arrest was made, there was a rush on the part of the mob to rescue bia. The meb was wavering to and fro. The witness con- Sherwood, Morrison, Blanckman, Cornell, Schell and to Lafayette Place. It was excited ; was noisy—tu Boadinot. multuour— shouting and hallooing; and, in reply to one of the jurors. the witness stated the mob could not dave been quelied by any human force, without the aid The testimony of Captain Tilley, of the 13th district. that, after arresting a prisoner from Artor Place. the theatre. and there and the Chief of Police. Whilst standing speaking with them, the back door of the theatre was smashed in on Sth atreet, stone as large as bis bead came in through the panel, smashing, FIFTRENTH DAY. Serr. 26.—Mr, Sart reenmed the eomming up of the evidence for the defence at 104 o’elook this morning. He corcluded bis address ab-ut half past 11. when Mr. Mekpen commenced his summing up for the prosecu- jon, THE PISTRICT ATTORNEY'S ADDRESS TO THE JURY. ‘The Distaict Artonsey (Vir McKeon) then addressed ‘the jury :— May it please the Court Geutlemen of the to ure his expression. the door An intense excitement Sires tay Barge as thet rebreentctite it the meopie’ta. | We GolDK on tm Sth street—Ralloolog. shouting. ohieer Thin inecetigation. to. procene tach views ae ta my | 08 The stones caine in pretty thick They were jutement Showa’ teeeen gou'ta render 0" verdict ompitiig ia with ston 4 with thetr feet Then it ‘againrt the prisoners now at your bar The many days | as ‘bat he anpesled to the Chief of Police,“ Are we going to stend bere and t them come on to us.’ weumed in this trial should admonixh me to be brief J | rushed out witha body cf men It waa then he cleared | ReAay Temerks which | may offer. Fortunately. tho | the stress, with the exception of Judson's perty, aod “ty of my astociste, in bie ueld argument, has re | {pe erect. with the exception 9 pees aad Fat ieved me and you from n very extended dicoursion on | Which WL, “ugared tm Ceroetag ener geting: aad Say part, You wit pelivee me gvetinmen. when, [ee | aire. aud, when acy arrest was made. cried, out gure you that pothing but an imperions sense of dat © Res “ " “ t would indnee me to trespasa on your patience, fatigued Reeeus bim *Reseue him!’ Can any one doubt that the scene which has been depleted comes within the definition of riot? Has it not ail the elements of a riot, as given by the legal autho- rities? To the Court’ you must refer for t this pont. and according to you: bound to you must be hy the severe ordeat you welled to submit to The case, xo sim- ure bas been mystified @ that degree, y inde bare been drawn off from the real juestion« Iinvelved in the |-eue between the State and these defendants. My object abail he to endeavor to lead back your attention to the only question really rutmitted to your consideration—the participation of there defendants, or any of them. in the riot of the 10th Of May lat at the Astor Place Opera House The oc- currence of that night is part of the avnals of the country. It ix written in characters of blood. and will re- wain for everon the pege of our manictpal bistory. Into the causes of chat di-turbapee you are not empanelled end worn ou b % that the ith the prorecution in their view of idence ertablirhes a riot. then every perton charged in this indictment, who aided, en- cc uraged. or promoted it. by words. gestures, or other acts. are principals. It is not necessary, as before stated. that a party should commit vi lence Being armed with offene! . OF mak ing use of threatening or turbulent gestures, or any act of assistance or encouragement, is suf- Mcient to him a principal. Briefly, [ endesver to call your recollection to the in each case ‘Deasures were made use of for the prevention or sup- pression of the riot You have been told that the authorities ehenld have closed the theatre to prevent vidence Ihave condensed the testimony, and [ hope to eatisfy your minds, beyond a reasonable doubt, SaGaturranes. | bare hore but owe word t0 ony te | oring propriety (of the conviction of every prisoner Sr cia Nees Suen Wineghans) bed t doctrine | POW OD trial. I want your patient attention in a matter of deep interest, as well te these ‘deep adopted, the lawless bends which infest this city, | Prisoners ‘as to thin community. The evidence end known to every one connected with the police. | Cesinst Bennett is given by Coptain Tilley. To. ‘would have dictated terms to your fellow-citizens Let | f® y Capi this be the priuctple on which we are to act. aad what | eemen Davie, Smith, Hogan, Francis Bennett. and, 1 may 4 Jackson, witnesses intro- duced by ‘the defendant himself. Tilley swears hat. as be was going round to recognise the rioters, be communication with a crowd ct yeung men and prisoner Bepnett. The young standing in the street ; Judson on the sid will be the consequence?—that every man's business will be carried op atthe mercy ofthe mob The lessees of that buiiding bad paid the liceuse required by your laws, and they were entitled to ‘protection from those laws. If they beerme obnoxious to avy set of men. it de insinted they must close thrirdoora if this pre- be f-low+d. the day may come when fan :tictem with ite thoneands of followers demand that Places where liquors are sold ehall be cloved The it of the theatre. to day. will he fillowed. to- by the closing of the place of business of an | J) individual or the church of some sect. obnoxious to | apy cet of men. Born and reared in ® government of faws. for one. | pever will submit to the — | ik, with hie bands bebind him. “I could ree one of these young men,” rays Tilley, “go from the crowd and talk wi Judeon.” Captain Tiley then pointed out sitting om Judron’s left in this room, as ti He further stated that b Judsos ersati ith ® young man in front of him. aad nett on hie left’ He heard Judson say distinctly, “that it was @ shame Americans should be served so’ He beard the young man who came from the party in | the street, as he turned trom Judson, ray, * Now, boys, forasbower” This party numbered from tw to thirty, who seemed to act together. A stones came from them ; after the stone: map bom he had tionably Bennett, as | will show zou) im. talked with him. put his baad on his Few lg) to the sidewalk together, further adds that several persous bad rrest ued previous to the con- versation with Judsom and adjutant, Beanctt. Polteemen Davis testifies be raw Bennett in the crowd, with e ster uplifted above his head erying, “ Victory— Every idea of liberty, of personal order, rises vp againstruch x despotiam of the mob. Bot it is not cn th juertions you are to deliberate. You are ewore to try tb imple irene between the peo- ple and there defendants - whether or not they were evtat.and were in any manner conoveted with, Bre disturbance of the evening of the 10th of May. ‘The Grand Jury of the connty bas seat to you that dssue to determine. and to that alone shall (ask your | attenti Ju the indictment agatont there parties, firet. for a riot. the second ssavit and battery on Stuart J ith, the offi- cer who testified that he was struck by a stone and ataygered againet the Opera House, The court will to- | three cheers for victory!” Stones were thrown all the @truct you under this indictment (which the | ting, ‘In Davis's langvage, he sald be, hoow Beunect Court bas decided to be geod) you may convict or ae- wil: he arrested bim. Policeman Simi uit any ove oF nove of these defendants Your duty | Binnett. with Davie; Davis called hi # imply to eay whether any one or none ts euilty, or | De '* conduct; he was shouting; Bot ‘The Court will.on sentence discriminate a* to | Faking srmething over bis head, Le was tamedinesly ‘the degrees of guilt Im apportioning the pnnichment, | hearg im to shout," Victory, victory !”” He seized which, in its greatest ex! , Cannot exceed one year | pin and took from him ® policeman’s star. When | in 10 Htentiary ud two hundred and fifty | gen by Smith, he was in the middie of the street, aud | do'lars ord ‘may be reduced to the lowest nit many persons between Smith and Bennett In re- term of “imprisonment and the smallest floe— | 11) 108 juror, he stated he was positive that Beunett Your asttenti st unquestionably be first given to | was the men be took the star frum; he had no doubt | ‘the legal of the term riot. Ladopt the lan- | tn.t he wan the who was gorge of this Ccurt in their obarge to the Grand Jury, ar aGording as good a rule as you enn desire on the evbjrct of riot. [The District Atrorney then read from | ‘the cba: of Judge Daly to the Graod Jury.) Slack- stone, ix bis ( ommenaries, thas speaks of «riot and rioters, ublawful astemniages. lawfal ses mblage ir hy ae themerly tore down | he identified bim fico Jdentifies Beni master spirit of t termed bim, th; mob on Eighth street—or, as he around which the mob gathered Bennett was on his left side; be cannot knows bis scowl and is sure he Judven apd Bennet states he saw Jui | rioters, who would then gu off be but Bennett, the pris«ner, testtmony of Captain Tilley? | ip addition, the testimony of Francis Beanett, bas preduerd more confusion Dennett as the man who was conversing with Judson, ing mes ages to the riote . informed Jsudso: ward, Tilley talking together. Mr. Mechesuey nm whisper to one of the leading Who could that warren, or the gai ing any Trotion towards it A riotis where three or more mrnt to doan ful act woon a common ground. as foret- down fences toon aright claimed of com. quarrel — another's pur other vnlawtnl act Judson, This was undoubt- edly the man whom Tilley referred to in his testimoay, when be raid, © After ¢ man communicated with Judeon. be went back to the partyin the street, and then a volley of stones went agalont the theatre, . ing the windows, Then some of the part; eo by the officers, and that nner Ifa aodden disturbances arin met together for an innocent purpose. y of an affrny: though if they form parties. and evgsse ip any violent proceedings. with promises of anutonl assistance or if they are impelled #ith « eudden dirposition to demolich @ house or other butlding, ‘there can be no doubt they are rioters end q@ill not be by the proprirty of their original devign On et doctrine Hawkins ie cited) From « work on (whi Distriet Attorney read Bitions of riots, and rh: proved no previous concert, if they acted as if with & oc mMon Gerign and o mmon object they were guilty. ‘The District Attorney here heving read the lew on riots, unlawful asrembleges wifrays, ke, procerdi YOu these enunciations of the law as to are notors and reeponsible, | call your he tevtimony in the caawe The charac. given to you by several witnens of the Fitth oy will ele tm @ viet beth ar. of thei mit+ be saw the star in bis band, with bis arm raised about ashigh asbis head You may have observed how car felly be his band, to@s not to raise It above his head. What conclusion can you draw. but that Beunett was in the riot - active in support of ite diso derly tendepeier—the aid and ‘Tbe privoner Matthews i charged. ou the testimony of pelicemen Duryea, who states that he raw Viatth with a number of persons near him The policeman Sttention was firet drawn te bim ae he was in the sot Ct throwing something towards the building — He thea the Thirteenth Dit; stooped dewn tor another stone, but before ster Place and in F lebth pe ie ter mers che eae ding to the Opera House. thou-ands were soos be gach esilvoted together on the night of the lorh Vay that erewd were tound the rioters from th» orighboring eity of hited graced by by the withers j goore egg. He held inside of the b upequivoent t tek is ebarg who tertifies t Tisoner stood je been ve! got use What can be more distinct aad | this evitence? The prisoner Hos- on the testimeny of polie-inan Pitcher, at he saw him throw stones, that the on the sidewalk. Hossack violent, He threw at themselves aud the police ed in the evidence these rloters ha Volleys of stones were th they were being thrown the ory was hear ‘t let them arrest the Thisery 88 tary After they fired the first time, heard whenever thei attempt by the police to the ptreet | arrest any perconsergeged jo the riot You eannot bot remem the statement of Reeorder Tall Jett. the Opera House, went fnco ti bim = This gave the prisouer an opportunity | to throw @ second stone, As soon as he thre# the tone, the witness arrested him. Both rtones were thrown at the military. At the time witness sw Horreck throw tones citizens and military were were thrown at Knocked dow: the missiles that were thrown. The ‘The mirrtles rerionsty injured alro reveral policemen. Meny engaged In the suppression of the disturbance, were struck with stones The stones came in re- tedly from Astor place and Sth etreet. into the Theatre’ end endangered the lives of the perrons wibin, The pan he door were fereed in. The ice were unable to resist the force of te mob rush on the Opera House, Mieties were thrown in ty direction. The police aod the Mesorder Dimrelf were injured. To such extent had rlolence 0 of this magistrate, «1 for the military; that the — oivt! loree war not competent to suppress the distur. The military, which bad been sent for by and halted ax | was informed ia b wer, certainly, bas exhibited « determin Terort to the last extremity aod you o be ratified that bie guilt is proved beyond question ‘The privoner Adriaxee must be convicted on the ert be ad street; I they might be sent into Astor | it.” says the witness, ee; they now pared by the main entrance ia | struck the officer on the back of the Astor place. and as th peck. | bela on to Adriance, did not let go of ry police.’ He dexired Dim wetil | took bim im where the prisoners were, charge bayonet, 0 a to drive back Jam positive that Adriance is the man; | saw bia amilitary was either driven back, or forced back. Al- | throw the stone; if! bad the least shadow of deuds. | though the citizen soldiers were wt this time * | would pot have made an affidavit against him ’ ‘verely Injured by missiles of atl kinds, yet they | be more explicit then this deciaration? The jory forbere to wee their weapons, The Reserder ad- ber the Menneee in @bien the | reeter was effered, none pro | be offered by the preeecution This cealed his star. and in that-way managed to mingle in the crowd, and to arrest the vlotenn. An attempt hi been made to show inconsistency in the Walrb now and at the time of his maki inet Douglars idavit ie tho xam story as given here, and [ will read at to you [The affidavit was read.) One of the most striking facts against Douginen is, that it from this afidavit that he declived toask Walsh at that time any ques- tions. Why did ho not. omthe 11th of May last eudea- vor to show, from @ cross-examination of Waleh. that there was some mistake? Not en effort eas made then. beeavse it would have been uttterly unsucesstul, Che unparalleled effrontry of euch an attwmpt wax left for beat a witness or he threw a stone. is to jury will remember that i reply toa question from the Court, the witness stated there was light from the Opera House. by which he distinguished Doug. lass, “It was sufficiently Might to distinguish per. sous in the crowd where Douglass was The win- dows along the amphitheatre lights over the door were ali boarded up Douglass was Dot out ef witness's possesion from the time cf bis arrest until placed in the Op: The prisoner Green 1s implicated by the testimony of policeman McManus, who testifies he arrested him be twee entrance of the Opera House on Astor Place and the east end of the bu:lding. He was stand: ing tem or fifteen fuet from the curh atone. oa the street. smong anumber of persons. Wheo first seen by the witness. he had thrown a stone. The witness then congealed bis star. went within two feet of him. and saw both bis hands by hisride. He went close to him. felt his hand. and the nd init, He teen grab- bed Green's other han ine fell from it He then th from aa the right hand. and rew the stone towards the Opera House, Green ssid be had been inside of the theatre avd could not get in again.and he would be d—d if he would not have satisfaction. The effort made tothake Mr. MoManuo’s testimony is pot suo- cesful. Dr. Ogden confirms all that McVianus has stated bere. McManus told Dr Ogden as the Doosor stat dhe bat Green had sand in bis hand, brow the sto. Peaceabl ‘a detormtoation thickest of the of the house, and an active participation in the riotous scenes’ without. The next prisoner is O'Neil, against whom policeman Sevege appears. He testifes he saw O'Neil in as tor Place, ip front of the mob. with others He «1 pick up @stove.and throw it up to them drew back his hand, the witness grabbed hi ot him into the theatre ; he di ped the stone after be was in the theatre; t "I crowd all round il. After his arrest. witness spoke je then said he * did not intead to get into a mmurs”— be threw stones only becaure he saw others do +o. He pleked up the stones very coolly With O'Neil closes the list of prisoners in this indictment. ead now on trial, with the exception of Judson Before lei ing them, permit me to say that, to my mind, the ainet all is conclusive | will not den: butt bur yy that of them are young—some of them with families; cannot but aiso remember, that their misdeeds on that night brought’ agony aud deat to many, and sent y of their fellow beings unprepared before their God.—that the blood of tha d risen in judgment egsiost them; and r we may pity those with whom they are connected, we cannot clore our syes te the evidence, which brands guilt upon the brows of the ascaxud Last and mightiest, aud. might | not add. tho meanest of the band, stands Edeard Z% ©. Judson. alee Ned Buntline. Thegther defendants have provea charao- or tan ped ter by witnosres—Judeun has bad hischa by the testimony ebitect of ru eminent] He stands admitted .” On that pleture Judso: forth as the g is b: the ebief «1 ounsel says he isa gentleman by birth, yy education, and aman of geoius | knew Dot where the counsel obtains his gauge of a gentle character whew Judson in bis A gentleman {+ not found arm in the widet of unarmed men—a gentlema: found arrociated with Philadelphia Killers, rating with riotous bands of * Short Boys eda. cation which | had supposed useful was that which taught men to rorppot themselves—to respec: fellow me d to reepect the laws of their country education of Judson. oped on thin trinl, © ows bim an adeptin the school of violence aud blood- tbed. The counsel states be baw served his couatry to the army aod party. hither service would sati-fy the swbition of most men, but both seemed te beve been oraticfactory to Judson. The counsel for thy defence 3 it, cootaias cA atate. hes fought; no medal has been the areembied states he bas fought the battles of bis cow Distory of bis countr, s « his life, art ion = Perhaps it might ne of Venus conquering Mars, and on the reverse this motto" At Hastings | bave rulped my king.” Whatever be has been. to-day wa find bim not in the army or navy but the oo: f avile newrpaper=® beast of prey bi a wing oo reat eamp of humanity. and livieg oo thy carrion omted ol Why has be lett both the the rervice? ou gentlemen, to surmien whether or DMs virtues compelled him to separate biaselt from his country's service | know not of bis promotion iu the latter branch of the pubiic service; bat probably. and when bis life sball be written it will be reeu he tad chapees of elevation in a civil capacity pot usually ao corded tO mort wen. Fortovate for the military #1 service— which embraces in iis list panies di wished for private virtue. fur valor. for pisston to at it is not disgraced by a name which ber ter will be synonimous with deeo hypocrisy sud cowardly rufiauirm Fortuwately that it is forever feparated from the name of a man who bas been the eager of a rict which has disgraced the great metropo lir of the western world But why refer to hie past oa. Teer? Why was not the evidenoe producwd of goed ebaracter?) The answer is obvious. The couuel for the defence well knew that until evideuce of good cha- Fad ruch evidence born at Deen produced? Most aseure oof ot bad character, nee | ark for no better evidenes of his degraded po- sition. bis deep malignity of heart. bis utter want of feeling his reckiers, remorseless, aod blackened brart. than his conduct on the night of the riot ‘The testimony agvinet Judron is two fold divided nto preparation for the rivt, pation im its awful resulta, Oper Mr. Corbya testifies that on the Sth or Oth of Vay leet Judwa turned into Rarelay street with @ wagon, and addrors- ing the witness said, Corbyn you are tbe very man ted to ree; where does Ned Forrest live! The ere ia Cheleom Jud hout interfering in thie | expect there ¢ bard fgbuing, and | advire you to keep Judeon said. © That may be, but | mean te out.” We will now f-llow him ta hie it courre of seeing thie matter out, tee We come next a to the testimony of Francis B with guilt. by bir exelan the Corby ae - movy. Captain Th by the proseou- en J may ription of the Capt Titleye wae in the Opera Hous, the riot and tumult in 8th streets, indued him to ack for a force to clear the street Whilst going aroand toreerguire thore who were in the riot, Capt. Citey raw a commupteation between Vr fude 4 8 yarced in front, and desired the mob to disperse. prota Be His request was not complied with The com- te for fire © from the Sh 7 Mf there should be & dou! be ‘of it; bot the « And | vas unwillingly compelled to believe The ofier to show the dress of adriavee different The millracy receieed a volley of stones, ses teem of fell Sema policemen. ovar this tre predanhe tere. te magistrate were alto etruck d with the missiles, ull be termed “Vou mat give me the erder to in bere unless they ow de agietrate ald. « No. let me them advanced, between y as has been obserred y by pottor You may teel for mily all that the counsel bas desired, but yet you tet Hot forget, in sympathy for the innocent, the dury you owe your own oath, to render « veraies accord! ‘our attention u ‘Far repented reveral times, and wae receir: ‘volte: ‘ctwnce eguiont the policemen the milttary and * i to the evidence myrrif, says the Recorder expressions of | wil) next be ealied to the eonduct of Douglass “ d——m you. fire. If you dare” The magisira'e "a" | oy that night Permit me to call your tecol. roveral of the military fall from this shower of stomes, | ), 61 tothe soot edestwed by the prisoure’s counsel, Gen Hail reported wight as injured. One of the offlosts | thatthe prisoner wan deaf and to the fact proved by ‘waa chet in the log with » pistol bail, The word Gre” | his witnoes MoManus, of Douglass being there, The eh ook rew one of t the crowd and talk to Judeen | got my sudeon to hear what sod entered inte « com with the young mew tn frout Capt Tilley heard bus part of it wae ashame \merioans should ~ that was in conection with other lan from the party in the ned from Judson, said, “Now boy. Prior to thas | beard Jadeon atever is to be done, must be dene the military are coming " now for _ shower’ Judson ssid IN you are alk ready With that » rnt ngainet the Opera Howe, © ape, r 4 the Upers Hours, to get aab men to rurroun . y ee! may oat it +t them. ‘There Geos inven 90 to % oF 8. who oO be bim in Opera House. Before besaw Jadson, stones had oven credited. The Court and | g | deere ft. th the shower of stoaee came LLIGENCE, TWO CENTS. the rioeter of our day, invading the ranctuary of a ort yate dwelling. and trampling npoo the rights of his fellow men. brings as back to the barbariam o/ the arid. dle to the dayaof the military marsuder aud the despot, For thongh centuries fatervenud, re of the men ts the me; or they differ if differ at all. but in the ciroumstance, that one ed the privilege to oppress ana divine and here 'y right. and the other claima to axernine i as the prerogative of liberty, Come, therefore, feom what tourer it will. the attempt to overthrow the aapremacy of the law by force und vinlence. is to be restated, and that promptly, at the outeet. Ae ic iv impossible to tell. from the spark of ignition, how far the contlagea: thon may extend, so fa ft impoasitte discern. ta the firet gethering of a popular tumult. what After the stones were throwa. the man with thrown, whom Judson had communiestion cama up to hin, talked to him. put his band on his seonkder and both went op the side-watk together It was so light [ could few as plainly the parties there, as { ould sen tha conn: im this Court. The boards toside of the windows oslightly putup that they were throwo down rtones The party with which iudson was com. pnicating, waa throwing stones und when arrosta were je the © raived§ ~ resoue him | reseus them ' ‘The testimony of Guliok is to the effect that he wax at the Opera House on the night in question; he saw Jud. son in Eighth street in great erowd The witnexs heard rome one ery out, “the ground ia your own. yoo pave aright to it and {will defend you in your rights” In not thir resistance to the authorities ? Phe witness nsequences turped round io the direction from which the voios | may follow It—«hather it the affair of a day, came. apd tow Judvon throwing up bia arms. asif in | or grow big with the destiny of @ nation, The ting the mob He «aid they need not | of the pest are studded with too many fast! the act of exh be ‘d; the military had oethiog but society ai vp tothe sangrinary dominton of mobs tridges, and nobody would be hurt. The not to know thetr nature and teel alive to thelr danger, Hey 41 Bennet Buch +cenes are the elements that brimg to fearful de- prisoner. at the Opera House in Kighth street Hesaw Buntline. as he calla him. ta Eighth street. nearly op- ite the door where the actors go tn, and afterwards | in the atreet. where there was @ crowd: he appeared to be the master epirit; the foous around which the mob gathered; the moh actad ay if they intended attack and tone the building Ch» witness took sunt. | Nn. by his oonduet. to he exciting the people to vio lence; Buntline gesticulated: Buntline was talking velopement the Ixtent ferocity +f man's natare; in which the worst men come wo to the surface and exeretse control and dominion. If they are mitted te go on unchecked, disorder creeps into the State— disorder the parent of that worst of oo- pressions which i born of anarchy, and vncertain ch of whioh the victor of to-day bec the victim to-morrow No. gentlemen, the blessings of liberty vre the blessings of the security of both low to Bennett; neither Runtiine nor Beunott | the preservation of order; and be who. wantonty and dressed now a* thay wore then; [ bad | wilfully, disturbs ft, ia to be treated ax the enemy of bie kn Buntline for some time by sight. The ace. and the foe of society There onusiderations, District Attorney then referred to the tact that Judson invited Frank Beanett, bis brother-in-law, on the night of the riot, to go out with him; that, before gentlemen. meet us at the threshold of the case | ad- vert to them. because the frequent recurranes of these scenes of violence and disorder bas given countenance lvaving tbe house, he disguised himselt in an overcoat to the unfounded opivion, that they are to be regarded | belopging to Bennett, aod a Tom Hyer oap. that, befere 8A the patural effect ef the working of our feee { | leaving the house. he went up atairs; that this waspro- stitutions. The inefficiency of courts, or the w | bably to get from his armery his svord and piatola, of juries to convict in suah o i) ¢ led many to think that the laws are poweri thei far he which it appeared he bad; that they wentto the Opera House ; Judson was in communication with a party engeged in rioting’; that he seid, “Are there any Americavs bere?" and one person answered, lam a witbout their eulogists; pay. those who argu their ne- Northern Liberty boy’ Judson ans dthat he was eexrity Within a comparatively recent Reena the | Ned Buntline. and remarked that they wanted aua- municipal counell of w neighboring city deliburately | hat Judson beoame. as it wore, the Field Mar Pererd & resolution to the effect that such occasional nd bad dirretion of the overations ; that our of @utbreaks were pecensur the party taid. “ Now, boys. for a shower.” Previa Spd courageous habits this. Judson raid.* Boys. whatever ix to he doue. be done quickly. asthe military are,coming said as the stones were being thrown, © H: until you are all ready ;”” that this was volley of ston: tthe house ; that Judson proposed to get thavings the ‘ery of firw. to enter the theatre. avd drive them allout. None but a (end could | ave augxested sueh @ proposition Little did Jadson Teck the consequences of such aory.or kuch @ moves ment. Little did he care for the consequences of an | inroad into that building crowded to excess ; little did he cere what mangling of limbs or destruction of hope it a = han act. Dows mot th opesition full jurt the character | eee cay ea some Whe abel Tet, aioe: thane thn, | op Cis Ooteclestionmens with whieh th ria ox. authorities were deeply engaged in the supprassdoa of | ¢releed whether justice can be administered or not To the mob a drivis k the rioters, Judson cried be jury murt the civizen turn, with high hope. of with out. ~ Don’t bac and said the erdering of the | 80xioux fear. for erything depends upon the in- military war an insult to the people. that they must | teerity and firmness of jurors, ax every thing is to not be alarmed the military bad nothing but blank be frared from their corruption or servility A cartridges, The District Attorney then referred to the | ™*D may do, #8 respects himarif, or in hiv per- testimony of the witnesses. as to Judson's conduct in Sons] matters what he may not toasapublic man. He exciting the mob and directing their movemonts, and | Sone ie affected. In the ove case an act may be for. tothe testimony of Mre, Beunett. that Judaon’s piatols | Riven ar & weakness, which approximates in the other were brovght back to the house by Stanley Judaon’s quality of cournge was attested by burning the dwe ings of defenorless women. and defactug templos eree! | #0 to the worship of a common God ; propoundiug the opetrous doctrine. that it ix eevential that the youth ry should pass through a pupilage of dlood+bed:; that to tit him for the rational duties of the citizen. be should be eboouraged to the developement of propensities in which the savage is hiv equal — I addrers these considera'ions strongly to you qeatle- men. heenure ifthe law has been violated. It rests with Jou wbether the laws shall be vindicated or uot; for, ip ecrimioal cases, however much we may dweil upon laws and copatitutions. to the practical power wielded ip the jury box muat we come at last It depends ap- owed by a to the nature of aerime ‘This is a consideration that ariner He referred to the ounving of Judson. after | ® Juror ix pever to lose sight of when he enters upon if t,in having Staniry take the pletols frou bie | the discharge of public duties; bis individual will or nd then Judson insisting on» beiag searched, wew nothing could be found on him. The Dirtrict Attorney insisted. that not on the testimony of one wit but ail combined, = case of inevitable conviction was plaqed before the jury, and that it was their duty to render @ verdict of guilty agains! him, as the mort active in origivating and directing and resiat- ing the authorities in the preservation of the pease I bave thur far endeavored to pra: dence on which should rest your verdict of conviction inet Judson and his associaves in this indictment wishes 10 be merged in the great duty that he ow, to rogivty. This will apply te every case in which & jvror is called to act; but there are certain cases, which, from the consequences which follow a derelis- tirn from duty. increase the responsibility of the juror in proportion to the results which that dereliction pro duce. This ts one of those cases. That thelaw should be rustained in such @ case, conceros urrt peace and weltare of society, That it «ho tained tp this cily. the chiefcity of the Union, isa more Important coxsideration than it would be elaewhere. conviction ix sought | This it mer and sendsout for by thoxe entrusted with the execution of the la es, ome that rexch to the remotest arteries of our to tacrifios any of the persons churged The verdict read confederacy. Here. then. at this ceutrul requir t your ba +R vg manded inthe name of the persenal security and pesee of your fellow citizens, ‘bis trial places in your hands the lives, the property, julet of thin it te @ queatio: er the Jaw shall be obeyed! and or bands held th 4 It rises fur above the ordi point of sttraction. towards which everything concaa- trates. and from which everything radiates, it is befit- ting that an example should beset, which shall be a Be" to the country at large mole ot the aibful and fru administration of justice, which thall serve hereafter as a steady light to sterr by, when darkness temprnt whet turbance of the publie peare. ar night of borror, have presented Hone to which your great pudtic question. involving the reat portion of this ti oh fi titations, ‘Che men whose acta and in the comment counsel has been de sted to the consideration of mat- to do sith the question of the the innocence «f the prisouers a have to do with the question whether the cou rable or other- wite—whether & more judicious course might have deen pursued than the one adopted The authori hed the peace of the city and brought blosd en gur city. struck e blow at the Ameriene charseter. The “ deep tnearuadine of that guilt '’ is upon them, and it is for you to declare it by your verdict If there be. gentlemen, one striking elemwat in the Amorican character. it isa love oforder. tach man feels that this ta firm foundation on whic? riws the superatenetare of our gu nothing duct of the authorities was es: liberties Each man feels thatamidat disorderandchace tex*must anxwer to the law if they have violated there can reourity for life or pi y d, it in any particular; or if they are not withia under the influence of that terliag submission to the pale of legal responsibility, they must an at the great bar of public optaion rt of our enquiry to determine wi yn ef the military y— wl turbance could have been quelled by the police force without their aid This forms no part of the question respecting the guilt or innocence of the prisoucrs. | ‘They all. with one exception. stand indicted for acta alleged to bi been done before the military firel aad | they were arrested; in fact. before the military came upon the ground. Ther acts were not p bring. or the appearance of the military were, it would not excure such acts The military were there by the erder of the city authorities, and it war the duty of all citizens to retire before them. Neither are you to be intluenced by what bas bees ad- to you in reaprot to the condition in life of the nts— that they have families dependant upon them fur support. This might be urged toa jury in the care of every prisoner, for there are few wh» are with. | Cut clove if Bot dependent domestic ties So with ro- pect to the youth of some of the defendauts This iy & matter addressed folely to the di-critaination of the minates throug ity. This love either te (6 of order is strikingly develope ery perind of our b every action of this confederacy, The which ere since landed at Piymoath, on the Auantio, to day is manifest on the shores of th Pacife That epirit has gone with our people from their homes; it has crovsed the lathmas: bas gone bend in band with them up the Pasitic, and goreros this moment amidst a people thrown together wil lew and without « mn have sean that feeling of order sufficiently powerful to puaish there “ bounds.” who bad disturbed the public peace; and abail it be that you wil pawenunoticed sach acts 1 the pauds of California would be pune for? And #ill you. defended hy all the array meats enlightened judictary. with the advantages of bigh civitization. surrounded with everything which thould prompt yan to the maintenance of order will JOU refuse to aeoord to your fellow citizens that pro- Uetion which, without tna. is afforded in the very ithout | tthe organiza roment? we the di: and the Court is gifted with a large disoretion « 4 ‘The duty whieb you or y be performed e verdict you will render, mping euilt on thore privoners. will be but the in- * evitabte consequence of the evideroe which has been Youth of rome of them, but will distin en aote which spring from the uprellestin nature of youth, and eets which are the deliberate dos of pervertid wanbood, And in passiug upon the iu and the only jews here you are not to be drawn off | from the plain import of testimony by wire-dri die oF covceiveble poxribilities subject of human inquiry which sv in inextricable confusion. by admitting such disturbiog *. Ityeudo not keep 'y before you the et of your enquiry. expeciaily in woaw like thie. you eit; be lost in a see of uncertainty. Every- thing, therefore addressed to your prejudiees—to your tywpatbier—which may be designed to coafuse your Uncerstanding. or perplex your judgment. is to be © full ehed and tejrsted When such con-ideratio are bddersred to you by advocates y im mind the position of t submitted. That verdict will remain A veeat ree wart for all time,” a monument of the Intelligenes and integrity of jurors ~ of their devotion to the inwa mod above all thuit de- termination to up peeee io this metre Judge I id and sustain geod order snd = > = a. Jalby charged the jury as follow JUDGE DALY'S Ciiahan Juay—If this was an ordinary wnsider my dnty sufliclently discharged ing the law pertaining to it, and giving you fucb an avalyrie of the evidenon as would aesiat you ta bg the guilt oF inuocence of the prisoners, But itis no ordinary case There are principles in- Yotred in it of the deepest mowent— considerations groting out of 1t which alect of foclety. It te tra. thy which elreum: +d. it ine matter of patofal y bave been but too lameot- toomy elose of the eatas- Le cut of wbieb this proseeuvou bas ariven — cae great desirvetion of human life that atteaded the re- tleration of peace and order, ha 4 this case With o colemn rarnertuess that di-tingul-tes tt from all togetof bis elient With Bim | I ekill-the making of a pro- | For this purpose. the muans by a oye wbich & juror may be induenend becomes mot umfre- } esed gee LO tlonty commentary auently ® water of protaional calcu aod ts | upon the comerquences that follow, when t certainty of an eat; | substitute their own impetuous wfil aed un) pulres for the peaceful regu soekety. ot thore carer that t ue of law aad be soqulttal of the amph over jaation, of the jury. the Cou e officers; with them the ouly m weertain if parties be guilty or innoownt, of their duty ix plain. and they have ao eleetion but to pursue it. Neither are you to be ine "hing ele, gen- tlemen, but the will of roctety. resolved upva in mo- ‘ r fiveneed in this onse by what you may bare read. oF | vo ne Fae aes mogted Os oll forthe tenets ohet mey have bron ditected te yeu through the pods | fm sb¥ coeeh btaretene lic press” ‘The press is. perhaps, the greatest engine of modern olvilization reality of ite power, and intl dinding obtiga jom | nation beer porsihie not to feel the Teciate the extent of its i Of tapers ti free. the criminal trint usual for the jad to deprecate the publ the just eqa!poise of society, + dartog ¢ complicated relations of an Hiom of trial Ctelifsation tm bermovious action the sa- Progress. { feel. however, no conees + 8 | preme autherity of the law. and the obedicnes of the 4 fO | am stro pored to thik tl such publications do much to familiarize the ublio wirh the praccioal working of the laws; to get in the mase of oltizens habste of @isorimination create babite of mental disel piioe ia hjeets. that go far to qaalify them for Tore a duty that be divebarged be “es of Cor uty But ~ publiortion of | . Ubjeots courts aud jurors tow Hthom te the Teas titworwe we to It beeome the firet of pational neeessitios, 1 hme titutes der & free move | lar will and lieble to be eban | of thore fom ment Deeds i ng of power ‘The mandate of the fee for the « ment of the wany, and frit too frequently but J the oppression it produces But. wits as it ts tne workal own by subject to any modiice tien to # we me ot it It ie the menus 6: y, through ths in but the extension of & iy wbieb our liberty is “ "Jon ies im the manner in whieh wbIch it Ie enjoyed the thing is gone not in the thing itelf But it ie carrying the prerogar pate the course of trisla, report of te-timony pubii-med in there to Jurors what verdiets they should who merely read the faithfully reported to +ay 'o® jury who re head imony. and noted the manner of the wit. the s* 0rd against our own hourehold. aud Ne rT ny t shelters ae | Werers SDat ceurse rhowld be pursued. It not ripfre. yy aaennplobes te A maaade- | Gvertly happens in tbe Course of the adminis carte Of justicw. that the manuer of @ witness may 1 jury to diveredit every word he w fo eo tr tide rations come appropriate eet, in the formation of the goveroment which welive 7 Jn which the ri Hy wane Oa vm the preer,; but tw distine'dy reongmised and secured by big! they undertake to direat o! portion 4 should be qvareutles thar they hed ever been fore, A great | by a jury im part instaneen th, oet.0 proce. polvical etractare has been reared for us and tous ta | Out ei: h thestrongertoa-e will notjus' ity and © committed She comparatively trifling duty of pre | & bay geMeTel Adoption and ¢ smmon cart terving 18 Whatever therefore. may impair ite sta wie rae tous to the ri of geoused persone bility. it it the duty of ail to uoitetn prevemting if | before proceeding to the particular seaminativa of furceds ave tipom the rights it guaranties. they | **/evee for and against the privor ers it ix proper that ste 10 be tesleted come from what souros they ell. | JeUF attention ebeuld be exlied tg te OF k Common man, We too ireqnently lose | SFiine Out of fhe nat w " the tyrawpy of the man. from the ‘positive be bw privoners bere, cooupies id society; forgettul that the arietoorat | 100! by nature may be detected in rage at gol toned yp " ya te ‘ frrerpt ope tbe fiiten sosenes. py Be 4 perrows that you +h ewid divoriminate moxt closely tn he Teeprots the rights of bix fellow mam, and if hema. 'bit rer pee Ve evil oatictied that they are the per. pieent the Hinge thom. he fe a tyrans Pt whe did (Ps ote with which they are charged by wature, pad is to be twisted es suck. ‘The aot of WOUld be Merentabie, indeed, if any of them stivuld convicted for the ants of othars, Wow will, tharafore, take Into consideration the dark extingulshment of th of the night, the A generally the exe mas® dlctimioat Js posi. ve aud that A witness wh: be dixbelie ho were present di that they did betr proximity their nnniber and their *pettu. pity for observation are such as to render it im, Yoeible thatit could have transpired without their obs. ¥¥i9g it A great portion of this case has been oncuoi 4 ia testimony as tothe exact period of ttine at which part. ea lor events occurred, and much comment nas beea me by counsel upon t wine wit @ each other {a thia reap iy isa matter whieh is eptitied to but little consideration; for nothing ts ge nerilly so wnentistuctory fa the course of judicial tae vestigation ag the atrempt to fix ao fieeting a thing as Unless the attention of # witness is called to the exact period of time whan the evemt occurs, oF unless he is enabled to estimate, from a given poimt, the period at which @ subseqnent event oacurred, very little value ts to be attached to the effort of his memory. We take cognizance of the great divisions of the day. snd may ray whether an event ocanrret im the morning. at noon, or in the evening; bat whee a witness undertakes to awear positively, from mere memory. to the fractious of hours or to minutes, we may well distrust bis testimony count his ein- cerity, Ifany gentleman of the jury were oalled upom at this moment to what time of the day the examivation of any particular witness was beam, during the trial of this cause, he would find it im= porrible. perhaps, to answer; ‘and were the tweive jurors to exchange their views respecting it, = very great diversity of opinion would be discovered = Thie difficulty in, of course, increased. where parties are Present at a scene of great pudlic excitement, events a ly transpiriog. and where oon! ails We now approach, gentlemen. the ¢ Jeet of your tuguiry the qavstions tt pres jew, plain and fraught with no intrinsic dtftioatcy, You are simply to say. when advised by the Court am to the Jaw. whether a riot occurred on the night of the 10th of May. and whether the defendants participated init The right of the people peacefully to aanquhle, to diseuss or deliberate upon matters of » public or pri- vate nature. is one of those fundamental rights neguced: by the constitution itvelt sod the privilege of aakmad- Verting freely upon publie men aud public mea- the lamps. a \ cited nature « het wee rores, as incident groetog owt of thet right. This is plainly distinguishable. however. from aa- semblivg with an intent to commit upon pertoms or property ‘To resist the execution of the to disturb public order, of for tw 0e tration of ucta inspiring public terror or al any dieturbance of public order by force ts a breach of the place Any tumultuons assombiage of theve or more persons brought together for no legal or constitutional. object. deporting themselves ia such inagaer at to wa- danger the public peace and excite terror and alacm im rational aud fim-winded persons. ry whenever three or more persons, i ure force or violence in the wherein the law does not allow the use of fore are guilty of a riot A rot may be defiaed to bee tumultuous distur or more persons thority mutually assisting each other oppose them. and engaged tn executiag some design, ip o violent and turbulent mauver, to the terior end alarm of bystanders or the neighborhood. The offences comprehended within this general definition constitute three kings of offences -aa unlawtul arrembly. a rout, and @ riot. The ua- ulaseembly is where tl h the intent be: ward to the © riot takes place wi to eaecute thelr design Distinguishabdle from f these offences. is the offenos which iy denomi- pated avaffray An affray is wnen persons come to- getber without @ premeditated de-iga to disturb the Peace, and suddenly break out into a quarrel aucng themselven; and it Is contradi-tioguisbed from @ riot, by beiug more of a private nature. Certaio ingredivote are fusisted upo entering into the ring whieh separ grow out of thy at tempt to disturb or subvert public order, Iti+indsted upon by the counsel, thet to coa-titute the ofenos of ariot. the partjes must be engaged in the prowou- tion of @ private purpore In one sense this is true. ‘The purpose is private, when it is to be distinguished from wn armed attempt to overthrow by forer and violence; the people have decreed a cortai portion of them, « mi foree. this case thers isanuodant dence from whieb ay infer such # convert of ae- tion, in the attempt of the persons present to force their rein the combined action of taose om uilding. who were engaged ia rose cuing the offeoders from the officers, and pr their m arresta— who rallied to t the buiidtog ow the eighth dance and direction of the dufwne Inei-ted by the counsel that there ie no evidence in the ence of dontga, to constitute the offence of a rhot. rod by Sie Wim Blackstone, that arist may oxist either with or witheut & common design [ have embraced « common design, however, in the definition muh | might with safety Hom of Blackstone, whos ption. and ready power ot | have which way unlawful—the attempt to rusn into tae theatre a combination of a large umber of tad to injure the butiding. who were engaged to asewil with stones. biewking the windows aod forcing ta deors: the proj a to enter the buildiag win ders from the reat— the ladders being read. 1 » Orrate Cuntuy vd tumult yaition of baw de to get together lot of shavings and Ore with the view of destroying the of giving color to the ery of fire. It would, pertape, woarcely be nef, to tufer from this braveh ot the evidence, that the- divbolical Intention existed. on the part of that de- jerdent or thoew acting with him, to ore the balding, Such an taten ty a a by raining the ery of tire; the proj dap. Jude them. either building. or manitert tothe peture o fs better, therefore, to put the oon- stroction upow it aod to uppore that he simply io- ded to give color to the alarm of fire A examen derigt was manifested merrover iu the many comdiuod Bttew pts to reetot the mathority of the ta taot, the # bole seene. as Wort graphite . etautialicy of detail. by bis Honor, the Wesorder, ‘The Judge then read to the jury the testimony of Ke- corder tmilmnd, il watd, that fom th testimony tn the ense, there coud be litue ® riot exited within the defoition he had giren, He then defined what was necessary to toms de tute @ party, or partieip 4 fn aid of the Thot. wil who partie by Jative degree of violenow used by i 7 ove who participates is re-ponrible fur all thet has tae hen place The only dixcrimivation which the law makes in the diseretion given to the court in aspur- Homing the degree of panieher ant that u It is aot meee smary y should do some physical apt- such ag ng sitons Ifariot (ate pince all who ald, ene by words, «igs. gestures or: Any At of ment-tam . ko bia & priacty Judge Daly ber entered mae an eiaberate review of the testimony vlieited from the various witneacs mak placed before the jury. iu a concise sad lucid manner, Ube whole chain of evidense He commented tongiy in favor of the accused upon the evidenow they Omk furvisbed of previous qed char ne WAIT eNtithed bo very great courtier Ae Bell panopl ed who when broughs iuto * rae! Hee tO muswer BM AccURAL Could fhtU# Mi oew DAOD & life Wolk Apent All the asouswh with tow exception of the defendant Judsoa had furniehed vae~ Umony Open this point most clear and ewe wory it Ube evGenot of thet participation. thereture, wa. aot di- 180% postive aud conclu ive (heir pre viods goodanarme- ter eheuid igh in the balanow aud as reap ad vot p naracteria presumption tu favor of « contrary appears, Mach - covneel im viadttestion of raoter the prowouting odleee im tops. ‘This wax to be treated an out of the case He stood bere upon the evidence; be was to be judged by tn and by the eilest ereatare that ever lived bad rights here that were taken from Bim. and unless his guilty partrietpation cow bauds Ifyou be y doubt as to the gutit of gay of thore prisoners then. jm the beaerotent omscity of ve them the bepetit of im. but it their parvic palpsd\y proved by the tretimony, avd you fart to dnd see S eben ane” 0 NoUd thereby Viele e your duty ae jure x t rT t nen ene tee ve the tthe tee jm partie! men bytes Bhe