The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-22

whole time; IL was very loud
C,os'-srs~ir~d by Mr. McKwos Knew Mr. hudson
for long time; met him first ut Dewitt Davsuport's
store; ssw Mr.. hudson twice three times at an AZ
sco'stion Of which su m-mber; IL il the American
Rurus Corrrs lad Of about years Of age was sx-
sminsd = en- clerk In Mr. Judson's office; the paper
at ~ ocl,ck on the day OF the riot "
Mr.. WHITiso.-Why We admit that.
Thomas THomrsor examined. Was at Aston
Place the night sf the riot got there at half past
O'Clock: LETT when the military Ar-d; as was eudsa
voripg to get out OF the crowd; man carried
past me; his face was bloody and he looked "a n
be wounded; this immediately after tho Arst
hre; most Of the time my position opposite the
main entrance; just at duck, man with his
head cut and ticket In his hand who said he vas
fused sdmittance did not Mr. Judson at tho riot
that night saw him at his house. about half past or
To MIR. wuIrrNG-I asked Judson II he would 20 to
the Opera House, he said his wife sick and IL
he could act out Of tho house at all he would
be would not go to the theatre | am Q printer,
and am employed Ut the TS,bnne job. osios where Ned
Judson; am . member Of tho American Meohauics'
society Ia secret but not politcA it IL benevoent
have not tho BY. laws with me.
To Mr. SMrH-ln reference to what was supposed
would take place that night at tho Opera House, Mr.
Judson said II there was riot 1t would be disgrace
TO the city, the tenor ct the conversation that
opposed to ell riots and opposed the riot
the day night before did not Mr. Judson there
To Mr. WHITING. In Mr. Judson's sanctum; he
keeps an srmory there; rifle In It; cannot say
what o,hsr arms we're there
TO Mr.. SNiTH-It was kind or curiosity shop.
hAhrIN SMITH. examined Went Q reporter to
the Opera House on the night Of tho riot know Mr.
Judfon Did not see him tina. night am editor Of
the Clarion There was great poiss At tho theatre
from the time went there, u o'clock until o'clock
To Mr. Kros-I was reporting for the albuny Er-
press on the night Of the riot sm now editor Of the
Cioon which il In existence for TIRES or four weeks
was editor of the Castigator.
Q,"hat vas the character Of that paper Was it
Mr. sMrrH objected, and advised the witness not to
answer.
me'iai .9dr,fiser VAS assistant editor Of the True
Sun at the time of the riot wss the Opera House;
arrived at BALI past $ o'clock Saw Mr. Judsou after
he was brought into the theatre This hour be-
fore The military came saw ten that night aud next
day vho were shot at the riot
Cross-e1eminsd no pistols that night 1t was
just ten minutes past eight o'clock when got into the
cars came away from the theatre before the military
came; after~ards hearing shots were nred returned
and saw persons lying dead
RoBEEI Dr. Wirr examined Il know Mr.. JuIsou;
was at Aston Place. on the night OF tho riot; ar
rived there between and eight O'Clock aud left
about eleven; was In the Bouery, Broad~sy Astor
Tsee, and every about: Mt the of4th
rreet and Lsfay Place when the shots fred;
did not zee Mr.. Judson there that night.
GEoEeE PoiDEs, examinsd.-l WAS at the Opera
House ON the night Of the riot; caught glimpse Of
Mr. Jsdson once twice that night amidst the noise
and confusion; he was standing ut one time on the
cuIb-stopo In Eighth street, near lamp which was
out; the mob wa driving me about and Was anxious
to get for the military had hred that street.
and had got enough Of the business; was about ~
feet fro him. there several arrests being made
at the time; could not have heard ut ths dis
lance Judson " he spoke low: did not hear him
spytbins there were great many stones thrown be-
fore that time. To Mr McKEor Did not SOC Mr. Jud-
son arrested that night.
TO Mr.. BLAncKMis.-Did not see Bennett in CONVEX
ration with Mt Jusson that night, nor In conversation
JAsrs ID PorrrR sxamined-I know Francis Ben
nett have been just suspoeoaed TO attend this trsl
QDid Francis BENNETT who ~ss examined here yester
day ever advise you to shoot Mr. Judson in the back
Mr wsrrso objected to the question, As immatsrial
to The issue
Mr. smirH 1T Ia material iua.mueh as It relates to
the character 81 the ~i'nes- Bennett and It has been
% decided. sssin aud again.
The Cours decided that this did not sufRoisntly
AFFECT vrraeiy; 1t was rather evdrnas 81 disposition
at former me aud must stssd alone II benS clearly
collateral.
Dir ssrrH required the court to take note of the
The Jupor raid this was triaius with the court. the
rule Of lsv WAS quite familiar. aEd oooussi ought not
To be causing these delays when he could not produce
authority
Mr.. 1t ia in the second volume Of stsrkis
Mir. WHITisG sstd the rule Just the reverse OF
what vas stated by Mr. Smith when witness wss
recalled TO coptrsdct himself then leading question
might be put to him; but II ~itnsss VAS called to
contradict another witn~ss, leading question must
he put In this for instance 1t should FIRST be
ssked. whether witness had aDy conversation with
The Corhr ,sd II vas really not worth while to be
standing rule Of Law when Il not Important,
more time was Loaf In arguing the poiot than 1t wss
worth
Mr. wHrrIse then yielded. sod MIR Smith repeated
biz question Did Francis Bennett cay you would be
besdt .
Wrrrrss-H He did cay would bs justiaed on account
Of wbst Judson had said of ma.
Mr. sNurH applied tor pns,ponemsnt ofthe case, a.
his witnesses ~ere nos In stssndAncc they had been
suhpops.d
want tho wituerfer for.
Mr. ssurn said he could prove tho service, but did
Dot be then read liat Of Dsmss. among which was
that ~ Jsn.s GORDON Bennett; aud upon being ssksd
What be -spt.d Mr. Bennett to prove, said be would
excuse his attendance
In Mpfrf han ~ NJ 10 "a ma 70
the list
Mr. BL,-crsas then opened the defence for his
c,ient, Beupett He vas preceding to cay that he
would sho~ the jury shat riot from the earliest
writers On Law down Ia th. present time.
The CoUsT here interrupted counsel Informing him
VS. not bis business 90 instruct the jury "a t. what
the Lac Of riot; that the duty OF the court,
End ~ coups~i thought the court In error, that
would be the time fer him to make his objection, aod
the court should turn out to BE- wrong there was .
superior court to set IL right.
Mr.. BlsScEsss srauierc.d and ssid the Court had
very properly Interrupted him lie ~oud chow the ia
~ that his eli. arrested before darkbefore any
missiles stones yer. thrown in fact before the riot
began. His client stoos alone aud was Only coupled,
BY the prove with Mr. Judsou for the vie pur
poee OF securing Mr Judsop's conviction.
Lieutenant Porrkp here came into court 20 erplain
his testimony. fearing " might be nsunderstood lie
trio cid Nr b.nn.ti trsns bsnn..e SUI myseu sere
sitting together. talking about the articles Judson
wrote against when the old man said would be
jpftifsd iD shooting him IN the back OF the head
taid YES, and Franz ,sid zee. siso
Mr. wsrr,-o observed this gave . different complex
ion 20 the evidence from whst u assumed At urst
The court then adJo.rDsd till pin- o'olock this morn
Ing II L. ssid there sixty vttuesaes Jet TO be
examined and that the trial will occupy the whole OF
nsxt week.
Broekiyn city Intelligence.
DrssoIIcst MuRDEs - sstertay morning, about
o'chck omcer, squtiss and wnitsnl arrested : man
tic street charge of numbering hi, wife oy choking
her About one o'clock Ia the morning noise vas
heard by the girl who asleep In the lo~er part of
Ne q