The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-29
NO. 5593.

The P,ops VI the State Of NrY Yark Is.
Thomas srnnstt, John Norris
yas. Matthew'S Hugh MaLaughlin,
Alexander Hossack, Thomas Green,
Daniel A. Adrisnss James O'NsiI
JURORS swoRs
!. Joseph Browuer 756 Green ~ch street.
2. Cornelius Dewitt liquor dealer ls5 Amos street.
David Page. public honse. corner of West and Ho-
4. Patrick Down-y. tinsmth 1877 Grand street.
o. Robert watrrbous- grocer 81 Pitt street.
:. VIM. Browning So s. w..hnston strsss
8. AlansoD II. Scuddsr dry voods ~ Hammond st
Q. Jeremiah Hawlsy fruit merchant 10 Sutton street.
10 Thomas P Cooper grocer 1903 Fast Broadway
II. Gorbsm P Taylor aroc:s lf2 Monroe street
IL David Newman grocer. 81 B~osd street
Counsel for the Peope-uessrs McNsou, whiting
Oounssi for the Defence Nessrs Smith, Bu,tesd
Sherwood, Morrison, Banckmau Cornell. Schsll and
Boudnot.
FIFTEENTH DAY.
Ssrr. 28-Mr. SsirrH resumed The summing up Of the
evidence for The defence at lok o'clock this morning
He cluded his address ab-ut half past IL when Mr.
McKeon commenced his summing up for the prosecu-
rHE DISTRICT ATTORNEYS ADDRESS To THE JURY
The DisrnIcr ArroR-Er (Nr McKeon) then addressed
the jury May 1t please the Court Gentlemen Of the
jury. the none nt has at length arrived when it be-
this investigation. to present such views as In my
judgment should induce You 70 render a verdict
in this trial should stmonish to bs brief
:, any remarks which may offer. Fortunately the
rat eved and you from very extended discussion
my part. You will believe NE gentlemen. when as
would induce to trespsss patience tatigusd
and worn out you NUT be by the ordeal you
1nve been compelled to submit to The 40 SIM
pie In its nature bias bren mystiaed ~ that degree
that your minds have been drawn of from the real
questions involved In the tsue between the State and
these defendants My object shall he eudeavor to
lead hack attention tn the only question really
there defrpdsnts any them the Of 10th
Of NAV Last At the Aston Place Opera Htus The
country It written w characters Of blood and will re.
main for the Of municipal history Into
to rque You are not into tn. merits Of the
controversy between two distinguished trsgediaus
measures were made use Of for the prevention or sup
preston Of the riot You have been told that the
sStncrles snsn'd have closed the theatre TO prevent
that bad that been done the spirit Of mob
been adopted the swless bands which nfest this city
end known 10 every connected With the police
would have dictated terms to your f-ow-ctisens Let
this be the principle which to act. aud what
will be the consequence THAT every mans business
will be carried oD sstbe mercy of mob Thess.ses
OF that building bad paid the license required by
laws and they entitled to protection from those
lave u they tec'me obnoxious to any set Of men 1t
IL insisted they must close their doors II this pre-
cedrnt he flloS.d the day nav when fan ,ticsm
shall with its tbonssnds OF followers demand that
precedent Of the theatre TO day gill he f,o~ed to-
morsw by the closing Of the place Of business Of an
Individual OF the church Of some sect. obnoxious to
laws. for one. ] never will submit to the doctriue
that the demands OF wsa dssperadoes shall dictate
the terms which shall live in this community
Every idea ofberty of personal Independence and Of
ordsr, Rises up against such dsspotism Of the mob
But Ia not these questions you to deliberate
You to try the simple issue the pso
pie and these def.ndsnts whether not they
present. at and were in any manner connected With,
the disturbance Of the evening Of the 10th OF May
The Ora nd Jury Of the county has sent you that
i.ue to determine ard to that alone shall ask your
attention. In the Indictment against these parties
there two the first for a riot the second
fer en- assault and battery Stuart Smith, the ON
Ger who testified that he was struck by stone aud
staggered against the Opera Heuse The will In
s'ruct you that under this indictment (which the
Court has decided to be g"od you may convict or .o
quit any ore none ot these defendants Your duty
Il simply To say whether none IL guilty or
not be Court will. sentence Discriminate az TO
the degrees at guilt In spoortonirg the pnnihmant
which, it's greatest extent cannot exceed year
In Ne Ientsntiary and two hundred aud atty
term of imprisonment and the smallest nus
Your attention must unquestonshy be first givso to
gusss this in their charge the Grand Jury
M nfordipR as good a rule you desire IN the
subj ct ~ riot The District Attorney then read from
The chars. Of Judge DAILY to the Grand Juryl slack
stone, ~ bis tsrss. thus speaks Of riot aud
lawful sss mbiaae t. when three or more persons as
seuhe thems.lvss together TO do an unlawful sot as
game thereto and fail .i,hous soios t. or making an,
motion towards It A riot Is where three meet
to do unlawful act upon common ground forci-
bly, br-sfng down fences upon right claimed OF
mon or Of way: aud make some advances to~ardsi IT,
riot Is where three or more ua do uola~fal act
OF violence either with or without common
quarrel ifttey beat beast and kill game in
anotheis pur,hAse -srren or Thirty or to do any
other unlawful act with force and violence tn do
lawful act rs removing pu'sanc- IN violent aud tu
multucus manner TIA sodden disturbance arise smonsst
persons met tos.tbsr for innocent purpose they will
be guilty OF an ARRAY though " they form parties aud
epeSse in sny violent proceedings with promises Of
mutual assstspcs or " they in PEELED Nth sudden
disposition 10 dsmolish house other building,
there be doubt they rioters snd gill not be
eIcured by the proprsty Of their original design On
this last doctrine Rswsins a. c,tsd From q work on
criminal law. fwharton's American Criminal La-)
IN. District Attorney read few extracts giving ded-
ntiops Of riots. and sho~ine that even " there
proved pr. vous concert " they ssted ~ II With
setmmop oesirn ard mmon object they we're guilty.
The District Attorney here having read the ls- on
riots, unlawful sssemhlases ARRAYS, &c proceeds;
Having given these enuucaiious Of the lag 20
riots srd .ho are actor. and responsible call your
attention TO the testimony IN the cause The chsrsc-
ca but particularly by aotsu arpeod-r the fifth
District Police, Captain RILEY. OF the Thirteenth Dts
trict aud Recorder Tsimadg. You must be satisfied
that In Actor Place and in Eighth street aud in the
streets l.sding 20 the Orers House tbou-spda were
that the thu usighboring
city Of fbilsi-lphis, which has beea disgrscsd by
scenes OF tu' huence aud blood In the same crowd
were discovrr.d notorious Get Of rowdies known to
themseves aud the police ssthe Short Boys" 10 u
stated In the evidence these rioters have their place Of
meeting. yoiieys ~ stone. thrown. and Whit
they being throen the CRY ~a heard, stand by,
short hoya dtpt let them arrest them rhis cry vas
heard ~hsn.v.r there a,trmr, by the police to
air,st any persops engaged 10 the riot fou cannot
but rtmtmber the statement ~ Recorder ralmalge
that he lei. the Opera House, vent into the street aud
there found the mob ssailiug The Opera House with
OUTSIDE: st,.ehs on st.ss. made on The pocs we're
repeedi arrests were made by the police OF th. riot
and attempts at rescue made; stones
we're thrown 81 the house bressps the wiodo~s
The mis,iies sriouey injured ALTO several pcli~smrn
Many engaged In the suppression OF the disturbance
were struck With stones The stones cane In re-
pesisdly from Astor place snd sth street into the
theatre, ard endangered the lives ~ the psrsous
within. The panels q the door farcsd In. The
police unable to resist the orce Of tie mob rush
inE the Opers House Missiles we're thro-n In
every direction The policemen aud the Rerorder
hlmfef we're injured. To such extent hsd violence
proes.dd that in the l'nsusss Of thl. @ssistrs..
told tbe sheriff he must send for the military that the
oi, force not competent 20 suppress the distur
banoe Tho military, ~hich had been sent foe ny
the Sheriff. arrived and hated a. Vas informed In
sfh street; desired they might he sent into Astor
place they nov passed by the main entrance In
,h.- thros