The New York Herald Newspaper, January 19, 1850, Page 1

| NO. 5704. “SATURDAY, JANUARY 19, 1850. HE ASTOR PLACH RIOTS. Court of Oyer and Termin ‘Before Chief Justice Edmonds. and Aldermen Franklin and Coneklin. SRIAL OF CAPT. RYNDERS AND OTHERS, FOR INCIT- ING A RIOT. Jan, 18 —Mr. Graham inquired of the District At- Yorney, if he intemded to send the case of Miner to the oa, District Attorney said he would be willing to follow the directions of the Court with regard to Miner; che thought, however, there was evidence inst him, ‘he being the proprietor ef the house in Park Row, where those parties used to mect, his intimate association with Kynders and O’Donnell, and his being at the Opera House, Kr dge—We are of opinion that Miner ought to be tted. ¢ jury, then, under direction of the Court, found ‘Miner not guilty. Judge—Are you prepared to zo on, gentlemen, with the summing up? Mr. Ven Huren—Yes, your Honor, unless the prose. cution are disposed te adupt the same course with re- epeot to the ether defendants, (Laughter ) ‘he District Attoroey. then, in compliance with the request of Vir Van Buren, cited the authorities upon which be depended for the rustaii it of the indict- ment egulast Rynders and O'Doune'l, viz, : 1. To sustain the doctrine th ver tends to affect the person or property of another or to disturb voile order —Barbour’s Criminal Treatise, 208, and ‘Wrarton’s Criminal Law. 2 it. That to incite to a riot is indictable, and prece- dent for such indictment (as the District Attorney stated the precedent used for the present case) is to be found in 2 Chitty’s Criminal Law, 506. ILL That if the jury believe that the handbills pub- ished by defendants were calculated to produce a cclotous assemblage, there was such @ connection be- used and the evd to be gained, as uld convict. 82 State Trials. 355. a re does umult. nor does Yo 4 approbation in such a goavner as to prevent @ majority from wisnessing the performance, if they desire to do so. If any body of ‘men go to a theatre with the settled purpose of bissiog an actor. or even of damning a piece, such a deliberate and preconcerted scheme is indictable If people en- deavor to effect an object by tuwult and disorder, they are guilty of riot. Counsel cited Mansfeld’s opinion dn the cuse of Clifford vs, Brandon, 2 Campbell's Re- porte, 268. V. To answer the doctrine advavovd by the defense, ‘that the refusal to admit persons having tickets, cami and justified the riot, he cited tae case of the Poop! Simons, reported im 3 City Hall Kecorder, 89. Int eure, it appears Simone, a colored gentleman, purchased a ticket fora public bail in this city, that he was re- fused ittanee, and on euch refu: or, ‘The following principtes were ruled by the A person who purchased a ticket for a public Dall, kept by a daueing master, bas no right to assault the master, should he@refure admittaperginto the ball room” It seems, in such cate, by the purchase of » ticket, the holder acquires # right of action, mere- dy, sgainst "euch master for refaing admittance. “Though in law free men of color have equal rights, et among white men in general, in this commuity, here isan honest prejudice ageimst a further asso- ciation or connection with such men of color than is Fequicite in transacting business.” Mr Jobn Van Buren then rose to address the jury for the defendants, He said Gentlemen, we have now reached that — of the proceedings when it will be- come necessary for me to address you in defence of my clients, the two defendants, Isaiab Kynders and Thomas ¢ O'Donnell, and | wish to remind you, if it will be ne- ceseary to remind you, that you are to find your ver- dict turietly according to the evidence in the care which has been laid be! you One of the defendants ‘Row on trial before you is @ man publicly kno en that account bas made, no doubt, many evemie: it may probably be that some such are now on the Jory (Ata oy gentlemen, it belongs to you to lay i aside all prejudices, and to try th cording to the indictment look with o independent and unbiassed citi J would wish you to reflect for a mouent upon tae oo- currences which led to the matters now before you. actor from a coustey arrived in this couc- os he immedia ppeals to this country for its judgment in his fav be provokes a reply from actor,and @ majority of the people decline to In this state of this some citizens, in- or other imottre, which [ shall aot ised to aid and je This great destruction of citizens by the public suthorities up for airy and investigation; and when this was cailed tor, unfortunately for us, the public authorities stood in a position the same as others who had gone tothe Opera House on the ‘20th of May, as aly or unfriendly; and we have ‘Deen arraigned here, not for the destruction of life which then took place—not for the riot ot for felony, but for having incited» riot, Now, | wish to @all your attention to the nature of pened gegen ° It is an indictment for Cee | pF ed Hy May, and it alleges that a riot a) ace. Bui vo ought to bave been tried for a riot. For all things ‘which can be urged in the charge tending to constitute a riot, | sball refer to authority to show that if itis felony, all accessories before the fact are principals.and Gf it isa misdemeanor, all are principals in a misde- meanor. ‘The authorities which show that all are pria- cipals in a misdemeanor, to which | shall at preseot re- fer, are—The People vs. Erwin, and idem vs. Ward; 34 Hill, 896. This was an indictment for keeping a disor- house, and the evidence was that the defendant d that but JA Te. ag Ay ony « a lies o execution ou, eotiemee xeept by one mere reference to 4th su the Pec * Booth. ta which it was beld thet inciting & man to commit an offence Is only an attempt to commiten offence it was also held that the at- tempt to commit an offences merged in and be- comes one with the offence when i a misapprebend t] indi by 55 been tried at all. to have been fndiotea for the riot iteelf; end Mr Kynders not present at the Opera House on the night of the 10th. yet if guilty of Inciting toriot, was in the eye of the law guilty of the riot, and committed one as much as if he bed been present himeelf in person, because inelting, aiding ‘and abetting, makes the abetter a rioter. There ts no indictment of a conspiracy, aceording ite. While the District Attorney bas been ting up all about for evid has pot kept the rum of th at patti Revised Statates whioh hese constructive crimes, the peaceable of oppression. w net wide 24 Revised Statutes 701, #00 8.9. A ‘was laid down fer the protection of citizens, and to man rer) prevent indictments like this. This indictment does ry fore, | think it * © ‘pot answer to this statute: and, there! ought not to be maintained. if there bed Deen © conspiracy laid, it merged in the jor crime portion of the executed offence, we ought jto Bave been Indict Having thos relation to this dence ment as laid wn Ty. It lee genet ie trial = W! for its existenoe upon the gratidecation of the pubile an Ubrertrain way That such is the rule, appears to me to be #0 clea! to sutberity could make It pisiner It has been done from time immemorial, sod not merely ia reference to the actor 4 bis performanc Dut in rerpeet to his private conduct. asan actor, off or Tt does not stop bere; it extends to the whe are in the theatr 4 to hissing out nw Uke callingthim Troliape; biering he fay ‘whee tv a urege whieh ed because the people hear s word, the people bisted so: therefore he ap- that ep = e soar ts tan jet. men ded ali the while the setor is ac "Ee disturb the performance. All the au. tone which comtradicts it — ofthe party. Hi manend Ld ure bis jodgment. Ff ebat may comeinan en got. ibis is not an indi oe. it is to be regretted | from the stage. (Mr. V. ties, and quoted the law, ing that parties h wo right combine to drive ap actor from the In reference to the O. P. riots, that was to prices of admission In to ‘theatre with the letters (old prices) upon his bet, he was arrested and |. He then brought an action prisonment, om the trial of whieh cause, Chief oO. P, immediately disc! for false im Justice Mansfield, | believe it was, laid down the rulethat systematic tumults were widely yoople: had e different from hisses, — right to hiss, but when persons went with settled intention to damn any piece or actor, it was id if they went with the object of ta- it was a riot. I cite this to prove that ie right to hiss an actor off the stage is dis- puted right of apy one who goes into @ theatre of his own will. and there is no pretence of saying he ought to be indicted for aconspiracy, There is no pretence to say be went for the purpose conspiracy This right bas been exercised from time immemorial. A jend has put in my hand the book of Wir. Dunlap, in which, page 240. he rays, that in the time of the Consuls at Rome, Anno Urbis Conditw 559, they uuder- took to classify the people in the theatre, and to show where a Senator should sit, and where the people. Scipio Africanus lost his popularity from this aristo- cratic arrangement, and feces mereniee of it after- wards. But he only fixed a seat e Senators. See, however, what progress made The Knigkts and Tribu Roscius th » during his consulship. was hieeed when Roscius was acting. This is the first mention made of hissing; he came from across the water, d with the hissing be received. ‘ople out to the temple of harapgue. and pacified them mad with the tribune, Our before a jury—an institution later but more favorable to popular liberty. The right of hissing an actor has beer exercised from time immemorial. It has been ex- ercised in this country towards Mr. Kean, towards the Woods, towards Cook, snd Anderson, towards other Englishman, towards Power, and towards Mao- ready himself himself, by the ger judgment of the people, without the least in! of these detend- On the letter present; the Chief of Polis knowing the common 1a\ and Macready acquis and published @ placard announcing his acquiesence and withdrawal. Up to that moment, these defendants did not interfere, exceptto pay their fifty cents—the fame es other people Onthat Monday ——. no yn. part wes taken by either of these defendants. Mr. ders, or Capt. Ryndere, for the protecution has shown his right to that title, was present then, and Mr. Fuller there disturbing the play. O'Donnell; they did rot nothing: he raw them do nothing. quainted with Fuller. Fi taid, © what ders said b prove of it; arrest the persons cn the stage When Ryn ty he meant?” Fuller eai courre® Now, gentlemen, do you think he he spoke? Do you thiak there was no sneer conveyed with this expression, which led to his getting s slap in the face? Kynders went to ark him what Re meant! He was grossly insulted, and slapped hisface, What connection has all this with the jadictment aainst the Rynders was quiet, 80 was ing. Fuller aweare they did defendants? Not the slightest! You cannot suppose that this transaction shows that he excited » riot, neither then nor at any other tim The tes- or p timony thows what ke did was unconnected with riot. A riot must be to the terror of the peaple. Now, | pane from these transactions of the Monday, only observing that he was seen to come out of an omnibus, and was heard giving an accurate description how Mr. Mec ready bad been received that evening The ev- idence proves that he did not approve of what was done; he was going to get # police officer when he t Mr. Fuller, Another thing; Rynders stated, at tbe Park meeting, that he had bought tickets with his own money, and bad given away the tickets to bise Macready. If #0, it was only @ conspiracy to hies Macready e public prosecutor cannot say there ‘was any impropriety in sustaining Macready. There is no pretence that it was wrong to give tickets to ay bones to sustain him, to persons who were not able to buy tickets for themselves. The persons who went Tight to hies, if poy bey: os proper to doso. There is no @ to there was any | riot that might. J now come to the evidence of those | bandbills which the prosecution has brought forward. | Teball briefly state my how far it was possi- ble for them to excite « riot. thats man came to 8 Park Row, and said that he had heard that the britich crew of the steamer were got: up to the 0; House. O'Donnell said to him, * go and get the bill printed” A drunken man said “Let's put the bill in the window.” Rynders urges him not to do it, and re his opinion of the mat- ter, in terms which | shall not here repeat. the bill was stuck up, some ove remarked. “ T! would give the British the tooth ache.” Rynders re- hee ‘a the talk; now let's t rink,’’ Ano- he said “Don’t talk so, thet > ‘The manuscript of th bills was given by another man, who has not been juced. There is no question but that O'Donnell this bill, and hed it printed, but Rynders had nothing to do with it. One copy was put up on the Park wall, another in Hudson street. ere is no evi- deuee that any one was induced te go to the theatre them; ee en upon itas «joke (Mr. V.B. here read the bill, and commented upon it.) It does = Bot exelte to violence, but ouly ealls for «free expres- working peopls to the A stand 1 * If they are ites to a free expression opinion om that night, end deprecates all violence. potsible the public ‘prosecutor can ray that this the people to violence? It deprecates jon in It am his being in that house where they were brought, that makes them responsible? The | keeper of ihaigbeure, Mr, Miner, ba Decause there was no evidence and Capt. Rynders was only occasionally in his hotel. I eome now to the other handbill, made by ® man who perronated ove of defendants it hed on it Bull and Vile Cure” | pre re ordered ‘ark Row. that no reference | ihe | Joint act in the ty anybody. That bill was on the #teps of th i 2. 1y were paid for there by the etran, took them from the boy. There is no connection tween Rynders and this bandbill. There ie no proof ‘that this bill exetted a riot. Kynders told Cameron, the printer. positively. that he had nothing to do with it. Niet were ite coutente? What it? If soy one connect he has been acquitted by you on a noile there was a false per-onation of Aust: Beat show against my client! He rose qu “e What do they jas at Abel's ats 4. He wee much There can be no no pretence riot. There is po law in this opinion about t We ud offeted to prove how the people one enor down like ebeep, but there 0 connection between that div- turbance and my clients. What was the co The police had been ors roach the piace. Wi! to drunkards tain Macready, he knew there would be a dirturbance; he knew he would be suspected. Again, what was bis conduct on the 7th of We proved by the witness Fowler, who urged on the 10th. that be eaid No, I will not iHitary will be there;"” hi then he tnrned back ‘ York Hotel, and he war perfectly immaterial, I bave now gone through the je evidence. aud I want to know whether from first to Inst there is @ particle of testimony thet he did ex. cite or mean toexcite, of creates disturbance. Dut thie is not what you are to find = Youare to find if he eaured and excited that particular riot om the 10th of May, Mr. Van Barea here quoted | Carrington and. Paine, to show th Neti: b Crimes, pp. 22-28. Now, | with tooa'! your attention to the distinction which there is between what oconr- outside and inside the house on the night of the tion between the one de, and the other when Kynders was not present foside By the whole testi- | mony which has been adduced. {t has been proved. both affirmatively and negatively, that no disturbance was that theatre, either by O'Donnell or Rynders. nothing aga'oet him bat tis a rule of Iaw, that if you ores ine a witness upon et, you cannot con- } his testimony having thereby made him your own witness The sote of parties are the only legal evidence of their i ti th | quere at intentions is that they by competent | evidence. Allow me tony, that there fs not one single ease proved against Rynders sud ‘O'Donnell It is the daty of the prosecution to ray on what count of the indictment they propors to convict them. Having gone through with the evidences, be ‘caure | eball be fol) by the learned gentleman who Jn celebrated for his sucesesin convicting and hic great eagerners: to convict, beyond all other counee] thet ever was seem in a court of j . tam ‘at @ loss to imagine what ect they can fad out by jodern Cigero calls the paople | casion, th i | occasion 6 authorities i | Mr. Pell; they sino, the editor of an evening paper. Mr. Fuller sat | ant ‘The prosesution prove | rican com ss | which it is shown that they excited the riot of the 10th May. This is the ay, of the case on which | f, im the summing a Pe, District Asetney had given us to know what he meant, it would re saved much time. It is not for us to show how that riot took place. There is not testimony sufficient to call upon us to do 80; but we have brought testimony enough to show how, snd from what it arose, and to that | now proceed to call your attention. There was a quarrel between two actors, oni American, the other sn Englishman Forrest is the American actor, in .~ of whom @ warm feeling has been evidenced. Macready is the Englishman, for whom an eq ly warm feeling, has been shown. Mr. V. B. here went into # history of the London and Edinburgh affair, and the quarrel in gene ral, and the cards it gave rise to. Having stated the history down to the card inviting Mr. Macready to go on with his performance, Mr. V. B. read card. He said, I well know how such cards are got up. No one makes particular inquiry, but iv easily led to sign it. These 25 persons be; Mr. Macready} to reconsider his determination, and as- sured him they would sustein him, no matter how he played. There was the editor of the Cuurier and Inquirer among them, now almost # minister to a foreign coun'ry. (Laughter) The same who drove the Woods from the ; therefore he knew the etiquette of the stags as well as that of foreign courcs, Now, Mr. Macready’s position is probably known to you; he asseciates with the higher circles over the water, and many here who think of going thero, aud of the reception they might have there, showed a great regard for Mr. Macready here. It became, therefor with them @ it question of Ir id order what t Public opinion eheuld be. Macready, who bad been driven yy, Was therefore told that ould be sus tained, and sbould have avether trial. Now, jentle- | men, | tay, this was unwarrantable, and was cal- | culated to excite a disturbance. If Kdwin Forrest had been hissed at the Bowery, nd one would | tell him that he should be ‘sustained against | | the people. What course did they them take to sus- | | tein aud prop him up after the people had Knocked | him down?! First,they began by makings diifereace between those who support him and those whe do not. They began with hiring Long, Billy Spark« and others. One of these goes to Mr Gri e bim one hundred ticket mire a8 nany wore as they may waut: apd t the fighting men,“ but do not commit ‘They meet those who were a! | apd say, “ Boys, don’t commit any violence; Macready iss friend of ours, we ehould like to see him sus taived.” What did theee men de? They went about the streets and left their tickets where they could meet with the good cense and order of the community, (laughter); they peddied them about and get # frest supply, and reli them for three shillings or two shillings, or even dripk; they could not even get them offat that, ‘he next we hear of them is, that Long is brought up on an indictment of arson at the theatre tha: might, end he is convicted. So it was Mr. Macready was sup ported. If Moses Grinnell was here on trial instead of | Captain Rynders, and if the public authorities d: toindict him and others instead of th } fewer friends und less power, would the public proseeu tor urge that their conduct riot? pears to me obvious th: the disturban: This is not ail peater, goes Mr. Morgan, @ man who is not in the abit of reeing men with their boots over their trow- kere, and bends dirty, and Doyle tells him, “I will get twenty-five strong men with me to sustain Mr. via. | ercady ” Not to sustain him pitching people out of | the Window. Mr. Morgan looked as if he wae | going to faint at secing such a man, a ebip caulker, in his counting room in Wall street, explainimg law and order te him. What did he ray tohim’ He took him in his office. and eaid “My interest’—inter ise peculiarity of Wall street—“my interest is concerm that law and order should be sustained;” and t! dis two bundred and fitry dollars. ad better go up and see vir Hackett; . 4 saw Mr. Jacob Litth id Mr. him he must see Mr. Nibio bel ap ar. jd be m: between them But at three nd order had taken another diree: A Mr. Diateell was there with Mr. Grinnell aod vr. Fell. Let the prosecution make the best it cau out of these witnesses; they are the law and order men After all thie, was it remarkable that the working mea thowid think it m to make @ free expression | of their opinion? What Was the effect of having «| cel of men who pever went to the opera befure yle swears that was his first appearance, as it was | also Mr. Macready’s last. Comm So # was that ‘order were to be sustained; aod then again, to tein them, the military were brought out sod | paraded when the working peopi: from Ubeir i —— Diy —— = spd Tappen, an par | testified” hat there were private marks | which ga jon to those who had thea way Marinus into the house, but droliaes ing what he did when he got there. But peopl: bed regular tickets were not admitted to euter, and it war alleged the house was full. It is proved that some were admitted when others were turned from the door; Doyle, a ship ear- one man eflered five dollars to io id it Was testi~ fied there was plenty of room in the house, | should | like a reference to this case if | could stop hero—if the | The Treances stopped bere— but they uid not. Peo- tate that such were the facts. refused glove gentry. Titation increases ; their money. One eays. ‘ nes boys,” | and the boys begin all inone way. There is nothing to implicate these detemdants; the witnesses all cor- firm these facts. Throwing stones at the Astor Place Opera House is high offence—it is no offence in other quarters; but on this instance it ie ncceseary to order Up the troops; they come upon the people tm the midst g and hooting; they ride over the people, irritation is produced acd excited agaiust Captain Kynders poke of all thie dispara- Inst the authoritt: a ned them for 9 show these aod the ovurt think @ party of the atte who could If you e al for #pemking he would be lees than m mal te This is the unfortunate pert of the burlnerr; thie bas led to investigate; this has led to making my clients the seaprgoat of the city i have now shown that the destruction of of public rumor, in referevuee to whieh no evidence bas been allowed, was iteelt toe riot, with which we bave no earthly fon. 1 should not | have engaged in this | bad thought it was authorities been brought in questi: portance Again, itis evi there was no concerted orgs thing shows that the boys throw querelling at their treatment ‘There was cothing in the whe thing of the character cf organisation Recorder. and Chief of Police might bave she the riot originated, because they could show the exact truth; but they did not like to come here and stand up | ‘We wanted to get the Mayor here, to No man but him he Mayor, hi the military it the potice were eum was appealed to twice. | order. Cam it be believed that th: city Ike this, without ca nétbing upon whieh the law ects euch s safegua’ as upon the liberty and lives of the citize A Me | Macready should draw all your ob: have to try. gue and general reference to lawand or- der by which they seek to lead you into verdiot against the evidence, wiil operate upon your minds to withdraw Jour attention from the testimony | cannot believe that you will brin; out euch injustice 1 canmot for ® moment believe that this eourt, when It considers the nature of this prosecution, aud the evidence brought to sustain it— presided over by one who, when the State was threatened and property was in danger of centisca- tion, did interpose his support in behalf of law and order—that he will n make the distinction be- The dangei this country is not fremainoh [t is not a perm: institution, I speak from lov 4 clos it bas been my duty and my desire to see a ber aseemble during the last twelve mont seen two great Thare ties highly inturiated against each other, and bi, Pr exette it, in the pening in the Park, where thourands bave met together, and | agree that I have mever been treated worse by a iob than | deserved, and quite as quietly as by this com- mittee, if mot more ro. The danger to our country loop, Counsel then 4 to Mr. Macready; the good sense au tato bim, the good sense of the military—not as the hirelings of « monarch cr @ prince, men whe, a# high and native born citizens of America—stood by the side of order. He then referee to the individuals whose names were attached to the eard—their station; their love of li- berty and attachment to their country —amongst them was Ambrose L. Jordan, the Attorney General, and Warbington Irving, whom 3¢ was enough to nawe: character ia the property of the world. H. joined the aristocracy, at ho road? carried comfort and consol Europe, by his writings? He woald not go through th list. bi give another Grahi of 0 men who defend the lawyer who has just completed an able work on the criminal code of this country. Counsel having #p- plied bimself to the evidence, aud argued at courider- able lengih upon the law, and the convection of the defendants with the offence with which they ure charged, concluded by remarking, that the very time whea vir, Macready was to inhorpitably received tere, Vins Oush- is from another querter; it threateus wors trom age gregated wealch-- wealth without intetli¢ jem and sympathy for those around taevs dogmas cf committees, rocictivs and ciijues, ‘Those are the men who fill the legislative courts aod the courts of justice; they indict those wh» ure not frien ly to them; they punish those who dare resiat their are ray of power It ds from them the danger is; if you dif. fer in opinion from them, they put you vader ihe fear of the fire of the military. But | trust that tweive en lightened ere willdo justice We shalihave uo Tight to be Giseatisded if you ducide ascording to the evidence Ifyou do, you cannot jail to see that this riot was excited not by my cliewts, bat that it sprang out ofa determined effort and extraordiuary wxertion to bring the military to bear, to aid to repulee the judgment of the people, sud cram diwa their threats @ British actor. That was ths precise difficulty, and no ingenuity en the otber side can overthrow this fact. 1 scorn to say, upon this trial, what I would not be ready tomaintain at ali times. No professional duty induces me to speak as | speak —no party views dictate my opinion, I hope you have hu- ity, independence, courage, and honesty to acquit these people. Mr. Van Suren then sat down, whersupoa a general burst ef applause broke forth from the crowded audience present, whichis Honor the Judge, whose impartiality, justice and firmness, bas beeo uisnifest throughout the arduous case, quickly and decidedly girested, Phe court took @ recess for an hour. On reassem- bling. tbe counsel tor the prosecution, in commencing his cumming up, referred to the speech ot Mir. Vaa Buren. whick, be said, was filled with seentinents which never had lodged in tha: geatieman’s breast previous to bis departure from this country to Europe. If, deed, be bad returned from Fradce, instead of Eug- irnd, | would have thought he came iaila ub iit of the red republic. When he w Jond, was it with the masses of the people—the tr den down masses of the poo; ting ? No. It was with the aristocracy—the aristocracy which he now hates) And when the honored guatl from whose loins he sprueg. asceuded the kingly ir of thi try, he re-vielied Europe; and do we then find hii associating with the troddvm down mass. esof the people? No. We find him again with the aristceracy—with the highedorn nobies ot Larope —ead Ieading in the dance with the Queen of England her- reif (Laughter) He returns frow the aristocracy who dad given him such a glorious and hospitable recep | tion~ who bad ceofeired upom him the title of “Price (Laughter) Does it become @ Priace though fallen—ou bis return to the bosom of bis own country, thus to rua down the aristocracy who had received bim with such nobie hospit y’ Wh returns bere, bh u ty. y thergh be says he had never been treate sembiage Of people any worse than he d: taken good cure that all these crowds whic dressed have been vorth of Mason and Dixon's line He (counsel) thought, however, that if the learned gentiemaa were to go to South or any other of the Southern S:ates, aad there collect euch crow dattempt to preacb to them the same doctrices, be very much feared that he would say he got quite asimuch as he deserved. But the ieacoed eptietwan has joined anvther party—he has joined, fest, nos least, the Rynders party, and all counsel hi to tell bim was, to hay care—the doctrines of that eZ were dangerous. Counsel then stated the nature of the charge, and would ask what are the conse- of the defeventes’ om; it # ome whieh | er, He mpider it sound legic that because the jury had acquitted the other defendants, they were there- = a the convict . James, and notin Americe, Counsel th G@riinition of riot, as laid down by Roscoe; ty tos riot he must be aiding, abettiog, and men Teady, i eailed upon toaet, he bad known cares where the jury bad been overawed by turbulent expressions, hea) such as they had heard at the cvaclusion of the jearned gentieman’s speech; but these are just the cases where turbulent expressions are maniferted bj the friends of the part; leas ned who gather ground hi the tells them that the Woods were from the stage, and therefore driven from the stage. ‘Anderron was driven from the stage a viola law bad beem committed; when the Woods as alluded to one to Aw & wivister of this ow fe appointment whieh does not much the learned gentleman) if he was guilty of that excitement, counrel would he, too, ought to have beem indicted. The prosecu ore did not stand Ubere as the apologists of any set of mea—ot Mr. Pell, of Mr. Grinnell, or any other gentieman; if counsel for the defence would show them that they ought to be indicted, they would (ud that the door of the Duster Attorney will ort them, With re Was adopted by ruch cire Judson published an artice in bis paper, peace the wight before the riot. of which he guiity. f. Kynders was present when the resolu- tions which have been put lo evidence by the defence, dopted in the Park, one of which called upon the Jury to indict the Mayor aod the military for the lives they had racriGeed. it had been stated that Macready bad given offence to Mr. Forrest; aan min bis been any by Mr ‘The doctrine of the les n your give youbl in thie transection hed brought himerif benew ebaracter whieh is the boartof bigh bora ¢merican st amy mao who trom ty prise Mr Macready ts a m ars had been Known to this coun t to remein thi remainder of bi country fi but to come to America to spe lite here, beoause he did without process of law Whea | iwenty persons or mote are sent out of existence, with. | out #my process of law, is it remarkable that excites citizen cannot be arrest This ie the old Saxon jealousy of liberty. ment shovld eneue? prorecution, inete committee, should In It not remarkable that the | of attacking the foreign-ferling oupy itself im the petty proseou- | oder trial’ All that has been proven, in reiation to ther ta, is sim, the ex jon of oploten: if there is any thi we it to be jealo jm this country, it i# that. The ides of troops being brought to support the law, strikes at the roots of ovr institutions, Therefore, our government | could not stand an instant under such y A moparchical government requires mandiog — j | but cure is @ government of love, an in such an error, ith other cities, community The til thie event, in it is the ought to be respected, opinion was struck at bei vernment of opinion where opinion Ly and precisely because that Every man who | tre worth a much as that of another rorehip over public judgment here. ‘They had vo basi- ess to take the couree they did to sustain it. by calitog litary out; Joant of all, by setting t ie or to bring indiotments ageivet indir! because they have expreaved Baten theo proceeded to the La i", as applicable iad & be i pe to character in criminal trial fol pes that even if @ ocant y trial againet him rea he had loved. ‘ounse! then reter pampblet which had been published upon the Macready ‘and Forrest controversy. it is there stated that some of Mit Forrest's friends called on him to offer their o porition to Mr Mac What ted drivelier alone, to ¢ him of importance "* rth plece, but it would ovurt Jurot wishes it Lo be understood that he meant it only ‘as ove nation against avetber | Couneel was very glad he bad offered the opportunity for the explaration, aud he was sure that that was tthe gentleman meant ilaviog tend from wcready's acdrees to the audiener ac the Opera. Wi aeked if bp were . Forrest vr, Ponert played ata ti ; tight, the very enme ebaracter that Mr, Macready w performing at the Opera Houre if Mr Forrest's did not tike Mr Macready. y did they bot go to Huppert » nding at the pera te hive down bie rival? Was it not a-tomiebing er of the law, Vir, Rynders. on the ve in friewd played at the Broadway (hea- Oo eee Nit, Vinoteady. aod bare ttery there —come straight formance at the a ity, quoting from Wright 24 Mr V I have now stated to you my view of as far as | can recoltivet it a wculd beg to caution you against being earried away oon- he by apyt but by the evidence, Bt must be proved that the defendants bave excited this riot [tis proved that O'Donnell has no manner of connection with it, thongh be was preseni Lypders is not even connected with it to thet ex- t for he retured be pre Hi d of » difeuity public protecut cr whom | could om ia they would be fwod implicated in the gailtot whieh my clients are fonceent. { trost you *Il net set in your deer too in view of public clamor end Prejudice, bat that you J » t know where be rome aristocrats in America, af # W here do they find Nir Forrest offering to pl tor the atver years of tae poor sotors, him in bis profession’ If they refer to the pers he benefit of the American Dramatic Fand, ‘ot fied bim there. When he was first applied wae too poor to afford one hour and » half when he became weaithy he was too ono This is the man fo ably reprerented ee”, th this care. (Laugh fy yh A iW owl Hyaders was coptain of aud they” had elicited | ward of her most splvadia taieuts. man was reaping in Fnglwud the ricb and ltberel re- The learaed yom Where al to the tyranny of amod! Where the tyranny of the leader of @ {courage to atand by them when Chey are committing the acts to which he set them on? Upon that occasion, the etreng arm of the law fell heavy upon the innocent snd the guilty alike, and all men *t look back to it with regret; but whether the authorities were right or wrong, Uiey were not to try. Au appeal wee wade to (he public, and they sustained them, Tho Coroners jury also rustained them. He therefore boped that thy Jury would give the case that cxito consideration which tls importauce required, and that they would render 4 verdict which would elevate the law aud the country wotek they all gloried ia, tleman for the defence had spoken of tyrauny is the tyrapuy eq The Deurys’ Case. Somucl Drury aud Samael Drury, Jr., were brought on bebalf of the prisoners. Court was aware that indictments ha found against both the defendants tor attempt to murder, and as they eentitied to separate trials, he wished to ask tbe District Attorney which of them he intends to put on trial first. The District Attorney—I cannot, as yet, say whioh of them I will be prepared to try first. The Judge—We cannot compel the District Attor- ney tostate which ef them he intends to put upon trial firet The Distriet Atlorney—It isa matter of indifference te me which of them { try first; but at the same time, Imurt sny | have not as yet suflicient knowledge of TWO CENTS. ADDITIONAL FROM CENTRAL XMERICA, Highly Interesting Intelligence, ber. We are ini - Mekerson that the seizure of Trestle cece, on on the coast, by the British equ excitement in Hondwras. tron, had coveted nal t appears that the com jer of the British squad- ron, bet making his demand upon the pope of Honduras for the payment of the elaims of th. trie tich subjects, took measures to ascertain the amount of every claim whieh could be trumped up agaius: the Rovernment, and succeeded in swelling the sum to 3111 O61, exelurive of the proportion of the foreign debts of Central America, for which the State of Honduras is responrible to the amount of about $315,718. A portion of these olaims were undoubtedly well founded, but the greater part were based om the most frivolous grounds. sptain Nolloth, of H. M.S #emted bis claws to the Con ard we was of course antictps’ talisfeotion, took }) selon of Lae town and fort. ‘The inhabitants, by xr th um of $ Noloth, who a debt. avd left A proclamation the wheie court in a at ubseqnently iksued, doslaring © of blockade, asd warning all vessels to The re appearance of the British ey vadron to enforce thy blockade, was expected when Captain Nickersom left The jubsbitants of Truaiilo entertained the most abject fear of the British. Captain Nickerson states that on bis arrival out, having afew Romau caadles on board, he fired them off, whem a large portion of the inhabitants, thinking another Hnglish vesrel bad come, fled to the mountaine in perfect dismay, the soldiers at the fort erying out that the English were firiag bomb- tbelisatthem ‘The next moruing the terrified crow tures came back into the town, bringing their packs on their backs. ecntai eh things aa they had gathered vp in their « Nickerson . f Honduras implicitly relied upom utes for protection against British ag- grertion the feeling in favor of Americans amounted tornthusiasm Even annexation was talked of and the utmost evatety was expreared lest the Uni- ted States government thould entertain iil feelings Againet the State for sympathising with Mexico in the jate war. ‘The Commandente at Truxtifo had issued a procla- the testimony to say which | will put on trial first, and if | wae in @ position to be able, it would not be coa- dueive to the ends of justice to s ‘The Court—Then, as it is a mi the District attorney, we will it down the trisi of the elder Drury for next Mondey week, and the young | Drury for the following day ‘Mr, Clark then applied to the Court to compel Tho- was Warner, one-eyed Thompson, and Bill Darlington to be recoyuised to appear as esses, ‘Phe exami- bation before the megistrate showed that tbe parties were important witnesses in the ease, aud he applied to the wagistrate to compel them to enter into bonds as witnesres to eppear. The magistrate, under the advice of the District Attorney, declined this applica~ on The District Attorney stated that noact bad been done by him except by the concurreves of Mr, David Grabaiy. representing the Attorney General ‘The Court remarked that they bad doubts whether they bad the power, It was the duc: ¢ bound over these parties the District Attorney bad to say in r ‘abe District Attorney said that bis associate and Ligeelf hud. after consultation aavierd as stated. The Court covld pot know a much Of (his case as the coun fel tor the prosecution. (Court—We do not) The teanvot fathom the motives of thes» defendants thing this movement. Ouse of there parties is not in the city. £0 faras the prosecution is aware District Attorney) can ¥ell imagine the anxiety of Dra- ry toincarcerate another of the parties, it he failed to find security ‘The District Attorney knows full well the craftiness, the tact, the audacity, the unecrupu- lourness of Drury, aud the District Attorvey did not brink from tabing bis shure of the responsibility of not complying wich bye request. ‘The Court raid they would lay the matter over till to-morrow morning at 10 o'clock. Mr. Clark made come about private cowusel acting on the retainer of private iudividuals in this case ey said It was due to his assool- t private cou he District Attor at Grabam. to state that he was rel much Pi stati v4 the State as himeelf, he was retained by the State, and not by any private individual, Mr Clark did not mean to insinuate that Mr. Gra- dam's connection with proseoution was in any other way than that +tated by the District Attorney, New anv Imrontast Faers Conces pen—Annivat or Dn. Panxosan's be remembered that during the excitement at upon the arrest of Professor Webster, aud the subse- quent examination of his private desks at bis residence ip Cambridge, it was stated that two notes im Dr. Park- wan's handwriting had been discovered. One of these notes was for $2,400, and, it is said, bore on its back en- dcreemente sufficient to cover its face. The other was . rf $487, which the Professor all to have paid the Doctor, aud took the note itself, iustead of « written receipt, in acknowledgment that the obligation crlied. When the discovery of there notes was public, it was thought by some tl i other link im the fearful chain of which encomparted the sor; Di consideraiion, this supposition was repudiat: many, and the whole transaction fiually in the conviction that these poten, instead of further to ciiminate the Professor, would naturally rerve to exonerate him, in @ measure, from the char, of having committed the deed, if he did tt at all, from pecuniary covriderations, We have just learned A source on which we place implicit eredence, ii the eheumstanctes attending the discovery of there notes have not yet beer made public; and that their true birtory involves the whele dreadful affair in & deeper ehade of mystery. [t seems officers visited the house of Pro- | for the purpose ot examin! a pet ertain desk was thoroughly | bavlea- paper was epread open. aod mit | eeruiinl iy iiier te was discover. @ tothe Doctor's mana Parkman's band writ ed that bore ony rerembi: script. They then reiinguiabed the search, and came to the conclusion that if Frof Webster had any papers | in the bandwritiog cf Dr. Parkmnan, they were oer- tainly wot in (hat deek. They then left toe house, em Lrely ratiefied that it was useless to proseonte their Jnvertigation for that rpeotes of evideves against the | er in that direction, The next day the house on « sim ry | cther 1 eoeptacion y tucerssful result, the g wriiag pr mnistakable handwriting of Dr Parkma there, noone bes ex Pp end the more we redect on the subject, the lene cam we repress the mort painful eurmires, They t have bern placed trere by rome person who pre- ed that that derk, baving beeo once #0 com- ly examined would not be looked into again. statement has been made in some of the public . to the effect that Mire. Parkman, the wife of the | led Dootor, had cceastonally vieited thefamily of fervor sinee his incarceration, and that that the fi fortunate lady was still on friendly and intimate unfer n Webster How far the of ay be concerned, we know not; but hority for stating positively, teat Mrs. Parkian has pot ovly not visited Professor Webster's family since the dreadfal event, but has kept herself confined to ber own residence, and bas pot even visited the members of her own stricken fayily. Dire Parkinan, we also learn, will not be called upon to testify im the care, The evidence relative to the t the person ef the Deotor, by which led rtate ono be em ily. terme with Mr friendly fering ul tae the ’ Ang ap fore the gare of the public. Young ‘orkmen wn of the Doctor, who has been rome time in bLurepe, rescbed New York yesterday, to | to-day —Bosion Herald, Jan. \T The Boston Post says — The papers during the past week have not been very prolific im false rumors about x Webster, and bis care. Only two have been called oor notice. viz, That Dr Webster had applied for to protect him during the night from ao- other prisoners. who hed been tn the habit insulting outeries about the murder of Dr. It was further stated t net the eteamebip (anada, and is expected to arrive here ; Sielock on the bight ef tbe, dai el on it eft on disappeared and that he also drove Dr, Webster back to Cambridge the next morning. “ Hon. John Bradley, Geabuscee\, Fy abeor Warhington;: Vv. * + . bem, Troy, Mr fad Baltimore; Asa Farr and lady, Mies nie London; ML Cobb, Sing Sing; Hon Phil White, Wircontin; J. H. Humphreys, Alba Herkimer; F . & eon, New Buckner, U.S, A., were among the ving House, yesterday, ‘The snow is said to be sixteen inches deep at Frede rick, Md. ation proterting against the outrages of the British, which coneludes as follows Honpunians!—-Notwithstanding our want of re- fources to resist advantageourly in defence of the integrity of eur cotntry and the dignity of government, we ought wot to submit to the our v ut wich glory, and sustained in all kind of ways will be that solemn promises, will give ua the sccunty which we now want and which it has gene- rously tendered to us. With it, the identity of cue privciples, aud the being the children of the same coa- Linent, unite us, Let us, then, contide in its Fo and in the ties which unite our interests, Loog li aD givermments! Long live the enlighteued Gercendauts of the immortal Washington! Genel ministry of the government of Honduras, MARIA MENCADA, The American Charge, Me. Squier, was daily ¢xe pected at Truxitio, and gr were expeeted from bis interveution. Captain Néckersoa brings de- patches from Mz. Squier for our goverome! Bowrny Th te the character aod incidents of that beautifal work of Alexander Dumas. which bas recently been drama- tized and put on the stage of the Sowery Theatre. There is not one in a thousand who bas not read ‘hat thrillingly interesting work. It hae been pat Every character in th je taithfully represented, aud ne been omitted to make it as successfal aa gers could wish The soouery is now aad beautiful. the acting is capitel, and the applause with which it is nightly received ts of Lhe most ane qulvoeal character, It will be repeated to night; and the com» dy of © Naval Engagem ii] form the afterpieee. li we are pot much mi the © Wandering Jew"? will have « tremendous run, Burton's Turatee —Yesterday evening, being the benefit of Mrs. Rusrell, this popular establishment was Slled to ite utmost oapecity, with » brilliant and fasbionable sudience. who bave thereby fully attested their approbation aud just appreciation of the talented exertions of this favorite actress She was ri manner which murt have proved highly The ents selected for the oooasion, com- need with the capital comedy of the © Sertoas Faml- ly,” which bas every appearance of increasing. instead of decreasing, in public favor. Messre. Gurtoa and Brougham were as successful as ever. The acausee ments concluded with Colman's choicest com titled © He ‘as performed witk tumultuous ap) wehable farce of “ My Wife's Seoond popular comedy of the © Serious Family,” of * Laughing Hyens.”” Cranraav’s Nation earn, —We bare nothing new to mention concerning this theatre, The new burlerque, entitled the“ Femele Guard, or A-lad-ing Wonderful Lamp,” and the “Female Forty Thieve meet with as much success as ever, attract am large Audiences as ever, and, of courts, fll the coffers of the National a« much Both of there pivows have been reia They will be pertormed again this All be the forty eighth re- tion for the first named. We perceive thet ties are in preparation for this piace of that. on Monday evening, the drama Lawyer” will be ad to ite attrac Mricnrts's Ocrmrve Treat withstanding the 1nelemency of the weather yesterday evenivy, this fe Vorite resort was uncommonly well attended, with « fas bie audien The entertainments commenced with the petite comedy of “ Who Speaks First!” which pared «Tedmirably well It was foll dby the comis ‘in which Mr Mitohell ap- irigo Potta to the pleasure and sati«festion ‘ies Mary Taylor delivered ber several some of which were rapturously eucored—with » te and tenderness of expression. The amase ments conclud hb the celebrated “ Tablesux of the “Tyrol.” and the comedy of the © Crown Prince, or, the Buckle of Brilliante,” which exeouted with talemt eliciting great applause, Tonight. the of © Time Tries Atl," Uh L the extravegenes of the Maiden,” and the local sketch of MoLaugh- lin” We expect to nee another crowded house. Tractas Or javorable state of How 1m epite of the paid. © Lucrenia’® was per: S capital manner. Signorios Traffl sang her role admirably; Signore Rossi Coral was perfeot ta het . and Bepeventano was what he is al and methodic singer, But the hos are due to Forti, who rendered the dim ppm yay © manner neve ry 08 pertormance was one of (he bert of the feason. On Monday evening, will be repeated Verdi'a srpanl,”’ with Bignorina Profi, and Sigaort Forth, Beneventano and Novelli in the pringipal parts. The house will be filled, no doubt. ” J ts —It ie roarcely necessary to bend if giver ing echamioe’ crtancet. eo great is the taste for negre ‘They will give om afternoom concert st ‘clock Meerow — We know of a0 place of amu ment that em hour or two can be plensore and advantage than at the Muse t abundance of naturel curtosities, ¢ wh excellent stage perform in which Mr. Rice the delineator of negro ebaracter, figures oon- 88 Otello alded by ® very stook come the Museum as attractive a aay other H t im the oity. Mrionrow — White's Serenaders are amusing the Bowery folks with their negro melodiesand dancing. Tee Deane F nitdeen, aT what was anticipated she te by several frlende to give another, at the come peokry ednesday evening. the 30th January, Mr. re oa Meyer late of the Itelian Opera company, bar kindly cone to exeentes grand fantasia on the violin It is hoped her fe will exert thelr bafta ence en this occasion, asthe has no other means of rupport except what che may realise by her talented ren in the encouragement thes reoeire from @ ion. ‘Thit favorite rearritequlet and me is Inat exbibitions at the Jrookly: A telegraph despateh from Washington atates that the report of the death of Commodore Connor was @ niistake = It shoaid have been U » revenue service He died at Erie, Pa. om Saterday morning, the 12th instant — Halt .tmerican, Jan, 17 ‘The suger houre of RefMan Barron, at Weet Felict ane Me, was destroyed by fire on the Oth inet, Loss, $00,000; inwured for 940,000,