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

ctren nature az the sc@Ds. You mus di-crimtutts,
aso hrt~ttn testimony which Ia posi-, Svr aud that
which IL purely negative A witness Who swssrs that
be an act done T. not TO b~ dsbslirv I'd. though
who present decs-s that they did vst see it,
unless their proximity their number their opportu
nifty for observation snch der IL i'm >osbls
II Ut IL could have raDspred without their obs Wvtn{
IL at portion OF this has bs@n I'd la
testimony tn the exact period ofme ut Witch part cu
lsr occurred much mt As been m de
by counsel upon the Inconsistency Of witnsssss Wit
each other In this respect This Is matter which 10
entitled TO hut little for nothing "a 9e
neray unsatisfactory Ia the course of Judicial In
irstigstion as the attempt 10 hx 81 dsetng thing
tms Unless the attention OF witness Is called to
the exact period Of time when the event
unless hs is enabled to estimate from given poiat,
the period at which q Subsequent event occucred
very hrle value rs to bs attached to the effort 81 his
memory We take cogDizauce OF the great divisions
OF the day snd may say whether event occrrrsi In
witness undertakes to swear positively from mere
memory to the fractions Of hours or to minutes -
certify fanny gentleman of the jury we're called upon
at this moment TO ray nc What time Of the day the
during the trial Of this cause hs would sod IL i'm.
possible perhaps, to answer; and we're the twelve
great diversity of opinion would be discovered This
difficulty Is OF course. increased where parties arc
present at scene OF great public excitement where
events are rapidly transp'riog and where contsion
prevails We now approach. gentlemen the true sub
jet your inquiry and the questions It presents
few, plain and fraught with intrinsic difficulty.
You are sim ply TO say when advised by thu Court
to the law whether riot occurred ths night NJ tho
10th Of Nay ana whether tho defendants particrats6
in IT The right of the people peacefully TO asssuhis
to discuss or deliberate matters of public pri
vate nature Is of thos- fundamental rights SECURED
by the constitution itself sud the privilege II snmad-
v.rting freely upon public men AID public mss-
tures IS incident crossing out OF that right.
This is plainly distioguishabls however. from a.
semblipg with an intent TO commit violence upon
persons property resist the execution Of the
laws. to disturb public order or for the psros
uston OF acts inspiring public terror alarm Any
disturbance Of public order by foceis be-soh Of tho
place ANY tunuituous asssmbisgs OF three or more
P-rsops brought together for legal constitutional
object deporing themselves in such msaner tn
h. tthl x,tf. Aus<
rational and hIm- minded persons. 10 uuts ~ful aud
whenever three persons, in tumuituous man
sign wherein the Law does not allow tho OF free,
they are guilty OF riot riot NAV be- defined to be
ar more persons assembled together OF their wa
thority mutually assisting each other against all who
In q violent and turbulent msuosr, to the terror
and alarm OF bystanders the nsighborhood-
The offences comprehended within this general
definition constitute three kinds of offences an
unlawful assembly rout and riot. The
with the intent before stated rou In whore they
forward 10 the execution OF their design and the
riot takes place when they begin with force aud vio
lencs to execute their design Dstibg sbs from
either II these offences s the offence which IL denom
mated 80 siiray An ARRAY IL wnsn persons come to
getber without prrmedi atrd dssisu to disturb the
peace, and suddenly break out into quarrel among
Themselves; and it il contrsdi gush-a from riot
by being more Of private Certain ingredients
are i.sisted upon by the council for the sscused
entering into the composition Of the offence Of rot
IL IL dicut to aud nx With the acc uras-
Of definition tbs precise boundaries which sspa-
rate the particular offences that out OF thu Ct
ten nj TO disturb or .ubv-rt order
upon by the counsel that to constitute the ofsuos Of
riot the parties must be engaged In the Prossou-
ton Of private purpose In ons sense this Is true
The purpose IL private. when IL II To be distinguished
from armed attempt TO ovsr'hrow and subv-rt the
government BY force and violence; IS II when tue
government. portion Of them. minority attempt to
overthrow It by force. iti- moreover Insisted that
but the copc-rt Of action may srst In the
OF the act Itnnot nsoersary that the parties should
dali afa hxfar hauA eh.f
views with each other before commencax tho exscu-
ton OF the drsisn In this there isabuodsat evil
ton In tn. attempt persons present
way into the theatre In the action OF those
the east end Of the building Who engaged
curg the offenders from the ofcers aud prs ventiug
their making arrests who rallied Co the re,isuncs u
vas concert VI action among the cro~d Of persons Who
were engaged In assDy the bulldog tue FL shth
street SIDE unter guidance aud direction Il the dfn
dant Judfon IL Is insisted by the counsel that there
Ia no evidences in the case Of . common design, to
constitute the offence Of riot IL Is DECLARED b, Sir
VIM Blsskstons. that riot may exist either With
cemmon design. however in the d-anti,u I hsvs
gwen you ahhouph might with safety have r--tcd
upon the definition OF Blackstone, whose luminous
mind, quick perception aud ready power OF snaly-s,
enabled him. In almost every instances to subject tho
m after vpon witch no treated, definitions so exact
snd perfect a. 20 the purpose Of all future time
But thrre IL abundant .via.ucs of a commoa d-.,rn
which was unlawful-tbe attempt TO rush into tns
theatre combustion ~ large Of lodi vd ls8
with stones breaking the vi ndo~s aod forcing
doors the proposition 90 enter the baildDs ~sn lad
d,rs from The rar- the ladders b-ins ready aud
arrd for that purpose and drive out those Who
inside, and who had lawful right 9, Roman there;
the proposti'n Co create contuson aud tumut ,nsds,
dt Judroo TO get togsther lot ~ shaving aud ore
tbom either with the view u destroying the
It would perhaps scarcely be- s.f, to iafsr
from this branch Of the evidence, that the
Ter dsnt or thoss acting With him. to nr. the badug,
CROW drd With human beings Such iut.ntiOu you'd
msniicst degree e oep,a'ity spproximst.ns rather
20 The nature ~ nenc than To- seythiag human it
u better, therefore TO put the more charitable
structou upon tt aud TO supposs that he sinpY In
tended TO give color to the alarm Of Ore cDmmpo
dc,igu was manifested moreover VA the many conooed
attempts To rrsit tie sntburity Of tn. pocs la iss
the sbule described by the ~tn.sses icsres
but ttir doubt 20 the 20 the gunty In
IL 1boe 'psss.d IN Eighth stre.t a.. de..r osd ~
oonsr.gaied In As,or Place pictured by som. Of
the witnesses, ~ ionamed To the highest ptch Of
element and as hesving 20 ana fro IKE the tumui'u-
81 the ocean III. whole sc.us In A-tor
flsce IL mott Graphically dsscrbsd aud WITH grsatcir
be Judge then read % the Jary the tsstony Of re-
cidr isiDsdse, and said. that from this aud all the
testimony IN III. Gaze, there couid be itte ooaot that
riot existed within the definition he had given.
lie then defined ~hst necessary to Cons "a
tute . psTtJ, or psrteipa,or. any act. furto-riox
In riot all who participate are PRINCIPALS ttissa
o.pcs In Which ,hsr. must De three or may be mssy,
st,. asgre. of violence used By Individuals but sv-ry
op. .ho participate Ic.pon,hls fvr all that ns- ,s
hen place The only Determination ~hich tue isv-
n.he- is III. discretion Riv.n t. the srpr-
ttubibg the degree Of punshn u IL not
throwing ,tons lfa riot taxs ysc- all ~ho aid, Gu
coursgs or promotes IT, by words. signs. gestures
party should commit personal violence. bang armed
With ofspsiy. weapons. or nzEipg OF tnrs~t.aog
speeches or turbulent gestures, amp act Of sst.pc-
Jpcs. DAILY h.r entered elan rate rssis~ of
n. testimony sc,,ed FROM the vArou, witnes-cs sod
plsc.a before che jury 10 concise aud lucid