The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-23

COURT OF GENERAL SESSIONS.

Cherries ii Carpenter charged with being accessory
Tpiniper The Attorney General spoke in favor OF
the application sDd Mr. Carpenter appeared in person
to oppose the motion The Indictment has been pend
ing since ls4s and Mr. Carpenter has made repested
Efforts bring it to trial The motion to remove the
case the Court of oyer and Terminsr granted.
THE Aston PLACE RIOT CASE RESUMED.
TENTH DAY.
The People Of the State Of NeU York %.
~. C. JudsoD, George Douglass,
Thomas Bennett, John Norris,
James Matthews, Hugh Mclaughlin,
Alexander Hosfsck, Thomas Green,
Daniel A. Adrisncs, james o'Nsin.
l. Joseph Rrownsr $40 Greenwich street.
O. Cornelius Dewitt. liquor dealer, 1856 Amos street
g. David Psge, public house corner Of West and He
1. Patrick Downey tinsmith, 1877 Grand street.
8. Robert Waterbouse. grocer. 81 Pitt street.
9. 0as Buckttone grocer, no AMOS street.
Alapson II. Sender dry goods. A Hammond ut.
o. jeremiah Bswley fruit merchant 10 Fulton street
10 Thomas Cooper, grocer, I03 East Broadway.
IL. Gorbsm P. Taylor. grocer l22 Monroe street.
IL David Newman grocer, 81 Broad street
Council for the People--Messrs. McKeon, Whiting
Counsel for the Dsfence-Messrs. Smith, Busted,
Sherwood Scoles Blanckman, Cornell Schell and Bou
dinot
JOHN HICKEY called by Judson's counsel.
Q-Do you know Mr. Bennett, one Of the witnesses
in this esee? Frank Bennett. they call him
Question objected to by the District Attorney who
stked what they want to prove by this witness.
Mr. SmiTH-We want to show that Bennett was
drunk when hoard the yacht heretofore mentioned,
while hs rv earr he was not intoxicated.
SYDNEY STEWART called and sworn Il am . clerk
Of police; knew Judson think know Bennett, his
@ was he witness in case against Judson, at
Objected to by District Attorney.
MIR SMITH desired to show the feeling that existed
between hudson and Bennett, and other things which
would tend to explain why Judson carried arms about
him and consequently why he carried them that night
Ruled out by the Court, application OF District
Attorney and excepted 10 by Mr.. Smith.
GroHGE w MArsELL called and sworn am chief OF
police: inside the Opera House on the night OF
QHow many policemen we're pside the Opera House.
Objected by the District Attorney, on the ground
Mr. SMITH stated that he wished to know whether
there got policemen enough to maintain the peace
without the necessity of calling out the military He
wanted to see whether fearful responsibility of the
acts which caused the death and wouDdng Of many
persons did not rest with those who caused the military
The Courr could not see what the calling out Of the
military or the question as to what caused the riot
and others kind had to 10 with the defence
Of this case The question was therefore ruled out
To this MIR Smith excepted.
Q-How many policemen were ordered out to protect
Question objected to- and ruled and excepted to-
so far as Judson concerned was here closed.
william HtsRy RoBBrNs called and sworn on the
part of the defendant Bennett y was with the de-
fendant Bennett the night Of the 10th OF May last
with him in Astor Place; fell In company with
him at from to 20 minutes past oclock stood alepg
side of him at the time Of his arrest; while saw him
he was just opposite to the main entrances he
and were conversng; did not see him do any thing;
don't think he did auyt thing out of the way; he had
poiiceman's star the policemen in that nsighborhood
made sort Of passage way and he stopped down and
picked up something; did not s.e what he picked up
but think II . star; don't think he wore NOUS
tsche-he had q gostee his chin; was not at any
time with him the Eighth street side; as far my
knowledge goes never heard any one ssy that he was
rotous OF disorderly; have known him from six to
years; will be IS in December next; he was
rested WHEN he picked up the star one OF two minutes
Cross aax,ned-I was inside the theatre that night;
. came out Of the theatre and gave me ticket;
don't know him: never saw him before, 1t was about
halt past nine ten; should think 10 hour and
. halt sitter Bsnpett wss arrested he was arrested
about twilight did not any stones thrown. up to
the time of Bennets arrest neither OF had tickets
when went there, but bad money to buy one; IL
was for that purpose that went there; did not
any Issstsr &C. Of the police there vas some osDs;
heard person say Gentlemen. please make room for
those Who want to int the theatre" went In and
took seat; there was considerable bssing Kissed:
came out when the first piece was over; whenever
looked around could see him.
By MIR WnITKo-Migbt he not have been away for
q few minutes without Jour noticing it!
Objected to by BENEFITS counsel, and ruled out BY
the Court
O. Was he absent from your side several minutes
at u times
Al dspt know.
Q-Do you know he was not!
Al do net; ! was him when he was arrested;
! cannot swear to What he s.id; said to friend,
there goes Bennett he Is srrested did not shout;
bissed; the fact is can't ray like hscresdy; stand
up for the land that gave me birth.
Mr.. wr,rse.r, hope you will always stand up for
W,rs,ss iretirips IL try to as well as ssn
fATNcx Nr.lis, policeman sworn say Bennett
at TIE Opera House In Msy last; did not see him do
anyi hug he the seventh street (Astor place.
side; ! old not zee him srre,ted saw him few mt
nutes before; the last time saw him he was leaning
against the iron railing Of the Opera House; don't
know positively at What time he was arrested.
-aomtpsd u have known Bennett some hve
Year,: don't know what hs business H.: he lived in
the Sixth ward, in Mulberry street; was policeman
at that time.
s.Mp,L J.cKsoS, called and sworn i am printer;
~ss at the Astor Place the night OF tn. riots saw
Thomas Bennett III. defendant there; met him In
Astor Place shout halt past SIX; saw him standing by
the second door frcm broadway; did net see him
any violence do any improper towards any one;
! saw him when he was arrested did not zee him
any violence or do anything improper any ofcer
to the buildirg X; he wa standing still there were no
sonss fred at that time; saw him pick up police
mans star: IL wac between quarter To seven aud
quarter past u hot quite dark when hs Was
srrssted know Mr. B.np.tts character; I ai~ays
knew him to he peacesbr aud quiet. never knes hin
10 u.e any visl-nee towards rny one; have known
him h.ts cen three and four years
Co.'S ,sanu,d II am uiret'.n years OF age; LOTT
the eorn.r vt fHrsbeik and walker streets Mt
o'clock n light a. light when he picked up
the store bot getting darn; .,- hin puck no the
did rot o.. him bsnd IL 10 officer. did not see
vhet became Of the star he wa. perfectly quiet aud
rtGertiye: I vent up To the excitement; re-
msir.d aui.t the policemen out aud arrest
Bsnnstt they did OF out q the buildings vas
near him The did not stand there more than
helf an hour. there vas fom. shouting. and little
ruhirg towards the door; had hold ~ the lamp post,
Nv. or Fix let from the door tn. not have
mn mi. he crowd w.r. sbou,,ny I could not hear
bennett say nytbins. did not bear him shout vic
tory; the lamp net put out till after benoetts
tusst u then put out by boys and men throwing
stones
Ions B,sSrIT called aud s~orn i am the brother
~ the defendant b. prett brother never wore n
ntustsche on ihe night ~ the 10th ~ May my bro
tirr the coat he now has on and pantaioons
butch color. thy light Ne; ~ no tine with
w the sst y,sr has brothers business been IN the
rert thrud a Nassau street. he worked AZ the cor
ner - V.fey ard Greenwich streets some four or I'VE
months: previous to that he worked at home some
Nfsrr. TO my lnowlrdws he had any business IN
Nassau street. HE occupation did not call him to that
street
t,ts,.ezarsirsd i believe he wore goatee. he had
no cccnsi, 10 20 Nassau street. he may have been
there.
1Honss L1srr called and sworn.-On the 10Th OF
Ns, lnst Thomas Bennett DID not wear a moustache;
kntw hs character for peace aud quietness; n"vsr
knsw him 10 give any body an insult; worked IN the
sfrs 81, u With him for three or fur months
Tgcss, samfnsd Il am printers Bennett had a
rfre before the riot; hut had H. cut o .th'r toe day
h.fre or the day that on winch the riot os-