The herald. [volume] (New York [N.Y.]) 1835-1837, 1837-02-17

hmsy b urged that these parties had been aggriev-
cd II this were so they yet had right TO take the
law rnto their own hands. The same remedy was o.
pen to them as IT 10 10 they might have be-
fore Jury as We have done, and il their complaints
would lave received redress. But Il we once admit
the principle thai men may right themselves, the
sword Of justice would be snart in twain her scale
would be superseded by human passions; and tumult
and disorder reign Pre-eminent.
These defendants, gentlemen, may possibly show
iacts greatly in extenuation of their conduct but
70 their being guilty of the charge alledged against
them tnere cannot be particle OF doubt.
ror the sake OF yourselves then for the sake eff
ysur ianies for the sake of your country and for
the sake OF your city, which has been disgraced by
nesc terrible riots and outrages it is your solemn duty,
these defendants guilty.
shall now, gentlemen of the jury, spread what
ever evidence have to offer before YOU II is for you
to decide upon it's worth and credbiiity!
James Gordon Bennett, examined bv Mr. Graham
occupy an office at the of Nassau and Back.
man Streets occupied the same on the 18th of Ne
vember last. II IS corner store; one portion is
cupled as an Exchange Office. Tho passage behind
leads int Clinton Hall ysu enter that passage
from the street. "a map OF the premises was here
handed the Witness which he exhibited and explained
to The jury) was sitting In my back office at nv
desk at abeu, twilight, person called upon me. He
said he wished 10 talk to me about Mr.. Hamblin
did not at that time know him. have since learned
it was Mr.. Blythe. This was twenty minutes or half
give me deal Of Information; that he had known
Hamblin in England. replied never mind-I do not
want 10 hear any thing more affair is settled
BY MIR. Srang. What do you mean by our al
Witness. Sy our affair meant the Hambn be-
neft
Examination resumed. said we know quite
enough Of Hambln in this country. This was pretty
much all that passed. Mr.. Blythe then went away.
In few minutes after this conversation, suddenly
felt blow on the back ofmy head. AT first did not
know what was the matter. felt myself pressed
against my desk. In few moments found il
Mr.. Hambln who had hold of me. A struggle then
commenced between Us.
By the Court Can you tell Mr. Bennett who gave
you the blow.
Witness. | cannot.
Examination resumed. / recognized the four de-
PENDANTS in my room during the struggle. am po-
sve saw Bell, Blythe and Boerck; Hamblin had
hold of me. / cannot say how they got into my
room knew nothing of the matter until found
myself attacked. There were no other persons in my
| room until the police officers came. Hamblin at one
| time had me down, but | succeeded in getting up
| Of them cried, Kill him-kill him-k the damned
| rascal" At one time had the advantage of Ham,
! bin; had his head down on the bench; some one
of those in my took hold of me and gave him the
| advantage. Mr., Esler, my clerk, nterfered. None
of the persons who came in with Hamblin interfered
My clerk thrown cut into my front office. They
then shut to the door and locked it. My struggle with
Hamblin continued during this time: He got me on
/
exhausted. There were two of my clerks interfered
After the door locked Mr.. Esler attempted to re-
enter One Of the rioters stood at the door. l think
it after the door was locked that the words "k
| him. were used.
! BY the Court How long Mr. Bennett were YOU in
| the room after the door was locked.
Witness. Seven or eight minutes
By the Court. Were the whole four persons you
have spoken of in your room when the police came?
| Witness. They were!
BY The Court.-.How came you to recognize Mr..
Bell so particularly?
Witness.-I was astonished at seeing him there on
| account of his being connected with the New Era.
Examination resumed saw the whole four gene
rally during the affray. recognized the whole four
| Mr.. Graham to the Court.-The desk of of Mr. Ben
nett was broken open during the affray, and large
sum of money extracted from IT,
Mr. Strang.-Is that evidence?
Mr.. Sandford.-Arc we being tried for riot or a
Mr.. Morrel.-I believe that this is not admissa-
! BILE?
Mr.. Western.-O, yes let s have it-le.s have that
Examination resumed-There were about $500 ia
| ken the cheque was Mr.. Georges, given me by Mr.
Bradford. On my representation Mr. Bradford paid
me the money; gave him an indemnity.
Mr.. Strang DIR. Western, Mr.. SANFORD, and Mr.
Morrell now simultaneously began cross questioning
| the witness.
Mr. Phoenix nterposed, and said the rule was one
counsel for cross examination for each individual in
dicted. Turning TO the counsel he asked "for whom,
gentlemen, do you all appear p
Mr.. Sandford.-I appear for Thomas s. Hamblin,
but understanding Mr.. Blythe was SICK in bed l have
| entered by courtesy an appearance for him
| Mr.. Strang.-I appear for Mr. Bell.
Mr.. Morrell.-l appear for Mr.. Boerck
Mr.. Phenix, to Mr.. Western.-For whom, sir, de
| you appear?
Mr. Western.-O, appear generalIy-Pve thrown
myself in, as a kind of dead iceight,
Mr. PhGnx.-I always considered you heary fell
| low
Mr. Sandford-Mr. Western will appear for Mr..
Blythe
This clangor toge being sted the cross examina-
tien of the witness was commenced by Mr.. West
ern.
Witncss.-I cannot say if the blow received OH
| my head given by weapon or by the hand
during the whole time was struggling with Mr..
Hamblin; had no time TO note particulars; l have
arms in my Office; had no time to get to them on
that OCCASION; have three pistols, two large and
smaller; l cannot remember if had them my per-
son at that time not; there attempt to pull
my nose; was thrown on the floor l was dashed
against the desk and bcnch can't swear if was in
fear of my life or not-they cried kill him; near
the close was completely exhausted, don't remem-
Der asking for chair nor TO sit down was sitting
when the police officers came think Hambln was
sitting opposite me; had not pistol in my pocket;
/ gene ally put them in my desk it was twenty
minutes after Blythe gone before felt the first
attack; will not swear Mr. Bell struck me- cannot
say if Mr.. Bell cried out " kill HIM; don't know
what Mr.. Bell did; will swear positively that Mr.
Bell was there during the scuffle.