The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-19

| COURT OP GENERAL sESSIoNs-sxTH DAY.
Before Judge DAILY and Aldermen Wood aud r. Kelly.
jSa s p,sp@ Tie s'' S.S,l Sr S, Y%s
| Thomas Bennett, John Norris,
| james Matthews, Hugh McLaughlin,
| Alexander Hossack, Thomas Green,
Daniel A. Adrsnce, James O'Ne,ll.
| uEoRs
| I. Joseph Brovnsr, T6e Green wioh street
4. Cornelius Dewitt liquor dealer. 1856 Amos street.
David Psg~, public house, corner Of West aud Ho-
bokeb streets.
| 4. Patrick Downey tinsmith. ss7 Grand street.
| Robert Water house grocer. 81 Pitt strs-t.
Cbss. Blackstone grocer us Amos street.
| T. Vim osbipg 30i Washington street.
| Alanson II. Scudder dry goods ~ Hammond ct,
10. Thon'@s r. Cooper, grocer !os.Esst Broadway.
| II. Gorham Taylor grocer. l22 monroe street.
~ David Newman, grocer, 81 Broad street
COM Ell for tho Peopie-Messrs. MoKeon, whiting
and Phillips
| Couos-l for thu Defence Messrs Smith. Bustesd,
Sherwood Blanckman Cornell, Sehell, Boudinot aud
| Morrison
ssrr Is The court va. opened At twenty mi nutss
past btD- this morniog Mr. Boudinot appeared aud
ANNOUNCED himself Is counsel for the defendant Hos
sack.
cskd and sworn =, witness. - Was on duty a. =
policeman at the Opera cu'e the night OF tho 10th
| Of May last; he cav Jutsoa there.
q -Wh.re wss he
Ain Eighth street.
c.-wm you .,ats whatever you did In relation to
A There vas q gentleman who stepped up to me
and ssked re II wns an officer tiud.on's counsel
objrcieo conversation beard by Ju hia-ef
went up Eighth street and Jud,on in con versa.
tiou with some persops: did not kDo~ they we're
Q-Wprt there a uunhsr of persons near him
| Al here WA; obuid not hear what tk-v said;
turned ny star inside my coat. out OF sight; md
this in eons,a uerce of What the gentlemen whom /
b;tunsJ told nee; Judson vent dosu Eixhth
street, With the assistance Of officer Willis. arrested
him and toos h~ In; do not kno~ the person with
whom he was speaking
Cro,s .xam.net BY hr Smrm- What time of night vas
Al should judge It vas about niue O'Clock; did
nor RE Jucson do spyth,ngi bad been inside IN.
houee sbould judge, about TIVE hours and halt;
So. Bennett 10 toe house after the arrest 81 jud%on
tech iudsap in with the A'stsnoe OF officers wills
ana olps'ssd: JUsson wanted Ia know what he
srrc,'.d for he went aloug With ia qu-tly; NO per
son irteIf.red or attempted 10 rescue him
Did Jud.ou spp-sr to be acquainted with any OF
the per,sbr hh- W there!
Question objected 10 bJ MIR Wiirisa, for the prose
eu'inn. Mir smith ccnteDdsd that the question
p.riprnt. u ~as In order - prove riot
To chow The COZ cortr5 action Of persons
The Covsr stated thst tho objection to question
aru,. principally from the form Of the GU -stiUn IL
aek.d for toe inference drawn by tue witness
frcm What "sppesrd = Judge Daiy objected 10 the
c"urs- pvrsued by COUNSEL IN consuming time iu re-
marks.
ir tbr cours~ pursued by him OF tho hs.
aud Of the h-sr; he d,d not want to pru this
Trial ana be did not think the cersur-s Of Tie court
were just
Wr,rr,s.-l saw Judson do nothing except hold
scn; oop't r.col,, ct whether say him searched.
thk beard remarks shout bis carry og pistss,
and think om-tssd ADD myself S'archsd hiai
Q-Nerr any Weapons found on hin
Al DID not Zee any thiak he asked what be
arrested fnr tie said he wonld .ks thu suthcri
ties ,uer for his arrest that his wife vas about to be
confined
Q-tBy The Coust)-what indeed you to arrest
A. arrested him In consequences Of what was told
by the g-btl~n,s whom mentioned
This saswer WAS stricken out ON motion Of Juison's
council.
do MT know that Jndson was gons towards Broad
rsy When arrested hin $3.50
nett,
h-Ifs~ him In tn. house Just sf'er took hudson
tire saw Bspp.tt
siE-ARr J. snrTu called aud sworn u sn . police
officer; the night of the iOth ~ May is1t
h,p@d 10 arrest BENNETT: tbat's the mac (p'oog to-
SAid- Hrnnrtt); Mir nayis policeman csllrd my 81.
nnn1n :" u,sn "no wss .hontInai looked ana
started out aud caught h,u We arrested him
sud nok him ir,o the Opera Hoa-e he shouted
tictory Victory Sr.n took sTsy fran him
q poiic,psn's ttsr, aud gave II 60 policeman Al.
bui;is. sho bad charge 81 the door leading to the
ruou where the prisoners were csnau-d at this
tin. Il bts arrest Bsppett nearly Opposite the
main enhance in Astor place. saw Jrd.on In the
RON; cont think he was there when bcnn-ts was
srr,,ted
10 snrrn-I did not ses Juasou brought Ia; did
not L,sr suy cf tn. prisoner. accusing him
To LaSCKN.,-i thuuid thirk u VS. b-tv-en risht
snd nine o'clock When arrested Bebustti ~ss ne 'ut
twenty ise: fem HIM sben nrst cav hin. Omc.r
ps,t- nrst po'pisd hin out To- me; only sas hts hands
don't thuk that there any shouting at that tim.
prsyt ~ Bennett; Ihsard all sots Of noises oa-uot
e.Ied 20 B,nbst by ofo.r Davis; gill pat
lively vb.i her "a he sotrr one strnditg near
hir Who ,houta Victory victory F" tasrs we're
thrown previous 90 aud after the arrcs.; wne
I TIER thee any thro~n a. thst Precise une.
csnLst ssy; never Bcanett Til the time Of the
sifsst.
Dive, Erss notion By District .1fsrp,y-where
the titr wh. you toct II from him
- fie had u IN his hand dont rsooilsot which
Juasors counsel proposed TO cross. examine this
witness bot WAS overrpird by the court.
Tos il Hon -e.uu.tt hsd hit hand raised, AND wsv-
Ing oh. srrrsied bin: knee him the nsst mora
ira: tbI,k N wasa da, uiht bus the lamps Ia front
81 lin huf mir
Gto. " DtF,rs eslird asd svorn.-i Am poles
'ncsr u the Eighth -srd va On duty on the night
q IL. lC'h q Nsy. nj TIE Opsrs ilou.s
o-uic you see auy 81 the Defendants there
h-N.pl Las Nstthsss in Actor fisc.. little be.
r,rc there s.Ie eonsd.fshi- nuu her psr-on,
lin; hi,t ,s- him -ith bis hand rsi.ed ~ VI In the
sct thriving s.m.thitg .i'ncs- described ths mo
tiur cfue haio towards the bsildinE.
4 nr ,frn ,,oop.d down after smother one; then
told bip H. hse bitter from there, OF he ~ould
~ .rrst-d aud tst-n In .th the other prisoners he
then moved o little rsy ca s,ooped and picN-d up .
stone sbou; tie ,se Of s. and Wa IN the act
Of throwing the stone (uotion d.ssrbsd) vhsa ar
ittt bin srG tooh him IN
A Not that r-colrct. MT outside
di.cuss.en bsrs took pl-cr amorg counsel Ia an
urder tone TO Whistler Gil gssso laid The zane sfsi
Cs.s ererr,d - Wont to the Opera Hours at t. L
rshi st shout o'clock called cut snd stationed
the tich.t ufce; a. fvv miuacs after rrt -r.
irE Nattb.ws that ! arrested him; witness hrr. d~-
rcfit.d TIE position - Ns'tbs~s vhco he .rre va
him, wst F"n. tix o. eight ret nom NnuneSs ~~rn
frsf saw hiD: I the vest fidc ~ him csnnrt
fss be~ fA Tie lamp were fron US: should thinS rs
tw.nty feet fruui 'h- onrnrr ot tse hoire
Ns,h.wt stood With biz fGr torards N. horr- tsrre
We other people about eouli not say rSac'J nov
osny there urrr; don't thiuk there Ssr. tvsntTi
him take up Any thing p'e'i"us 20 -t's MS
hatd rails, q; old not see anything ltass us hsno
slsttb.wn scrr siz'y feet frum mc out could s-s
h'D dsiiuet) thgrs Sr,e oths rfs. hn, ~.
tb,rr ,-s rssJ s'oass sb5ot sheie ~hsrs 'ury
were cgsirr sever. 49,, -, a..
o. Aie si.ie suy vifdeTss' Us eaat sha 81 'a'
| Ot,rs u, usef .,uN, .,
Al think there ave one or two o. 70 the light "
~. overcast csnnOt say that sts stems '"sVc ns
J hand. 4 lid not Geo ANY etnEs Nrtthays held on 20
10. stcre ~hirh no hsd In his haDd until he so' into
obret.a 10 by Mr. snravooD counfe fof Matthews.
C0usr note the e,e~ptiop. "a, -
| ar Ssrp ptop,sd % crosA -tan ne " 1,,I. ,,.
| xiipe.s had suid nothing sb0ut biz client .
The crEr ,sid n the questions zero inp'op., 'ns
Count void allow the sstmony brovSht cut ~ 70
| e. s,io,hce. 49,. - -. -
| Ar Wnffisa SAID that MIR. Smith must NOT NV
Lrt r4fa Re-