The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-29

missiles of different kinds He an . Dony,sss throv
stone o, attempt to throw Il; and he seizst him i'm
was in . mob Of persons yelling aud shouting aud
thro.ing missiles The rs'lyng cry was Fight
neht" Douglass then threw stone ct the pera
House. 1t seemed to slip drop from his hand he
stopped and picked 1t A to identity he s~sas to
the beet Of bis Judgment he is thu fi- appasred
10 he deaf he was cool after he broaght in
The witness said t. him be- very foolish b-iug
Remember this important fact ~as elected on cross
examination by the skilful and modest counsel Of
Douglass TIE witness on cross examination stated hs
taw the stone In Douglass hand He made the
| motion o. " throwing It,: and when thu witness
arrested him. simultaneous With this motion the
ttone was not In his hand The witness stood
| within two feet of the prisoner; Douglass was on
the edge Of the mob Whenever an arrest made.
there was rush on the part OF the mob him
The msb was wavering to aud fro The witness con-
cesled his star and in that way managed minss In
the crowd ard tn arrest the rioters attempt has
been made to show inconsistency in the sratem.nt Of
Walsh nov and at the time Of his making al sfid,vit
lat May against Douglass That affidavit tho same
story as given here and [ will read 1t to you (rhs
affidavit was read One of the most striking facts
that he declined ask Walsh at that tim, sny auss
tons why did he not. the 18th OF May endea
vor to show from cross.exannstion Of Walsh. that
there was some mistaken Not effort mad. then.
bees"s~ IL would have been utterly unsuccessful rhe
unparalleled efroptry OF such attempt left for
those who imagined they could brow witness or
pisead jury II is for you to determine how this
attempt shall now be successfu It is for
mine whether or not the prisoners admission that
he threw a stone Is to be credited. The Court and
jury will remember that In reply to a question from
the Opera House. by which he disti ogui.h.d Doug
| lass. 10 Was sufficiently light to distinguish per-
dovs along the amphithestre were lighted The
lights over the door we're all boarded up Douglass
was not out Of witnesses possession from the time
| Of bis arrest until placed In the Opera House
The prisoner Green Ia implicated by the testimony Of
policeman McMspus, who testidss he arrested min be-
tween the entrance of the Opera House Astor
Place and the east end OF the bu dipg He stand
Ing ten or fifteen feet from the curb stone "a thu
street smopg number Of persons When FIRST seen by
o thrn
consesltd bis star. vent within t~o feet of hun an 4
both his hands by his eide He went close TO him
felt his hand there was 40 nd in IT, He tssn grab
bed Green's other hand and fell from 1t He
then grabbed Green by the neck the stone which fol,
nom his band about the size OF Witness ust the
hand which had the sand In was the rixht hand and
the same from which he threw the stone to~srds the
Opera House Green said he had been inside Of the
theatre and could not get In again and he would be
ID II he would not have Satisfaction. The effort
ces.foi: DR.. Ogden confirms all that Nc Mauus has
stated here. McMsnus told DR. Ogaen as the Doc :or
states that Green had sand In his hand and he saw
Green throw the stone Pescesbls Green may have
been heretofore this testimony shows Decentralization
melee in the inside of the house. and an active
participation In the rioteus scenes without The
next prisoner is O'Nsil, against whom policeman
tor Place In front Of the mob with others He him
pick up stone and throw IL up tn them and q, he
drew back his hand the witness grabbed him. and held
On to bin until he got him into theatre no drop
ped the stone after be- 10 the theatre there
crowd all round ONr After his arrest witness spoke
to him He then said he did uteud to get into
muss-be threw stones only because he Others do
70. lie picked up the stones very coolly With Neil
closes the list Of prisoners In this sud nov
on trial. with the exception Of Judson Before eav-
ipe them permit me to say that to my mind, the evil
deDce against all 10 conclusive will deny that
many of them are yosDg-some Of them with families;
but cannot but also remember, that their msd-eds
that awful night brought agony aud deats
to many, and sent many Of their f.o~ beings
upprepsred before their God.-tbst the blood Of the
however We may PITY aSess With sso% shs, Az. arc
connected cannot close our eyes to the evidences
| uht ah hran As wt.tlf 49,
Last and mightisst aud. might not add tho m.auest
OF the band, stands Ed~ard Il q. Judsob aiias Ned
ter by witnessesJudson has had his sampsd
by the testimony lie stands admitted the chief
emnentiy forth as the great figure ON that nvht OF
horror His counsel says he IL a gentleman by birth
scholar by education, and a man Of genius know
not where the counsel obtains his gauge OF gentle
mans character wbss Judson In his gr.at exempiar
gentleman L. not found armed with aud pistols
In the pid.t OF unsrmed men-s gentleman Is not
found sssociat.d with Phiadepbi Killers and 90 ope-
rating with riotous bands Of Short Boys The edu.
cation which | had supposed useful that witch
taught men to respect themselves to respsc, their
fellow men and to respect the Laws II their country
ows him sdeptin the school Of violence az blood
thed The counsel states he has served his
the sruy and navy Either service would s.tl.fy The
an bifon OF most men, but both seemed tn have been
pntsutfsctory TO hudson The counsel tn. d-f-uo.
states he has fought the battles of hts country The
history Of his country. as read It, state
msnt Of The battles he hes fought; has been
voted TO him by the assembled representatives Of a
i
might find n subject tor proper medaion Perhaps
IL nieh present the scene of Venus copquer,ng Mas
and ON the reverse this motto At Hastings have
ruined my king Whatever he has been 10. dsy "a
ind BIN not In the army or navy but this proprietor
81 vile new'paper- beat q prey hanging on
The great camp ~ humanity and living the oarriou
~ blosfed character and vice Why bas hs lett
the tsrviee' Why has he abandoned both the camp
and The defk' There Dust have been cause; aud
have 1t TO you Gentlemen. to surniss whether or not
BIZ virtues compcll.d him to separate himself hts
couutrys service know not 81 hi- promotion In the
latter branch Of the public services bot probsbly aud
when bic life shall be written II will be he
chances Of elevation In civil capacity not usually 40
corded to moot men. Fortuuat. for the military aud
naval ssrvicewhich embraces In It, lt nam-r distn
guh.o Tor private virtue for vaor for subussioo TO
law that 10 Is not dsg-.ced by name Witch hsr-ak
ter will be ~ noni@ous with deco hypocrisy aud
co~mdly ruaiabi,m Fortunately that it Is forever
leader 81 riot which has dgsc-d the great mstropo
liz Of The westsrn world But uhy refer HE past
r.er' Why vas not the evidence produced u god
character The answer Ia obvious. Tn. counsel fDr
tb. defence we'll Ines that until evideuce 81 good
be osrs by the persecution This Is the rui- Of s~
Pad such evidence boon at hand, would IL not have
proof q bad character except such as s hers An evil
dspce ssk for no better evidences OF mis- degraded DO
,..ISpr his reebI.,s NJ. S''rs ian. .,
hart than his conduct the night Of the riot
Tb. tr,iimony against Judson Is tvo fold IL may be
divided Into PREPARATION for the riot and his psrtc
patton In it, awful results. He plead In er-
trnuatop that be was acting under sudden prompt
ipRs OF the excited scene OF the evening of the 10Th
May. lie had drliberatsd h. had piaan-d he had
aimed bim,elf for the ARRAY. and vent TO the Oeers
House resolved on turbulence aud riot Mr.. Corby
tesifes that on the sth or 9th OF way Last Judson
turn. into Barclay street with wagon, aud address
Ira the witness said, Corbyn zen the ve'y
wanted TO see; where does Ned Forrest live ?" The
witness answered ~ vas somewher. In Chslsss Jud-
son then ssid You kno. tsere's aoios TO be mu-s.
sno want 20 see Forrest. e. Ascertain uhsth.r h. is
ritht or wrong In the cause { cunsid,r myself the
leader Of the Native american party 10 this matter
lfturfest IL right. mean to see him through - The
witness then said. should think you had ro~s
sn en- .iheut interfering In the ! expect there
viii be some bstd fighting. and sdvise you to Keep
out Of it, Jndson said That may be, bat to
zee IL out" We will f.ilo~ him his
couIse 81 seeing this matter out. We come neat
70 the testimony u francis Bennett. Judsoa 10 uxsd
Nth guilt. BY bic exclamation that " he would zee
| the huss out" a supported by the statement of
| tuhyn OmittiBg for the present B.uusts tssti.
nioby. Captain 1i,y h Introduces by the pro-ecu.
lion lou msy remember, In the description 81 the