The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-21
Trial Of tho Aston Place Niotors.


Trial OF tho Astor Place siotors.
COURT or aRSRR AL SESSIONS.
Before Judge DAILY, and Aldermen Wood and P. Kelly.
~ Ie Peerte II hs Stat IF Nes York. rs
- 4 O. Judson, George Douglass
Thoua. Bennett, John Norris,
James Matthews, Hugh McLaughlia.
h nsn,sa a H%ssses, Thomas , Green.
i. Joseph Browper, 1856 Greenwich street.
Cornelius Dewitt. liquor dealer. las Amos street.
g. DAVID faSo, public house corner Of West aud Ho-
bcksn streets
4. Patrick Dcwnsy tinsmith, ssr Grand street.
3. Robert Waterbouss, grocer. 81 Pitt street
g. Cbas kuckstone, grocer. lis Amos street,
7. VIM Browning SC4 Washiaf ton street
g. Alsuson Scndder. dry goods ~ Hsmm nd street
O. jeremiah Hawlsy fruit merchant 10 Fulton street
10 Ihoma, Cooper grocer l0s Fast Broadway
~ David Newman. grocer ri Broad street
Counsel fer the Peop'e-Messrs McKeon, Whiting
and Phillips
Counsel for the Defspce--sIsssrs smith. Busted,
Sherwood, Seoaes, Blspckmsn Cornell, Schel and sou
dnot.
EIGHTH DAY.
S.rr. -. Tho court opened ct half pact nine
o'clock.
STEWART ]. sMrH, recalled by the prosecution, to
Q-whSt time Ut sht was It when you saw Bennett.
A.-Between aud ., I tbink; can't fix the exact
time
Own you describe the general appearance OF the
scene which you witnessed tside the Opera
that mighty Give US IS near a. you cnn the number
OF persons assembled there their general conduct aid
their acts.
Mir SMITH objected to the question no ground had
been laid for 10
wirNSss--rbere a large crowd OF persons there;
should think thousands; they were very tumutuous
and throwing stones they throwing NJ the
Opera House; broke the Windows aud made several
attempts to force their way Into the house thro
tho door on Aston Place. the police drove them back
from the door and barricaded 10 on the inside;
self wae hit On the head with stone; I staggered
against tho Opera House; several policemen took
In +; l recovered In i've minutes, aud returned ia
my duty again. the stones came from tn. mob ;
the mob engaged in shouting following. push
otous persons. when the mob Dried out, Don't let
them take them rescue them" 'to thu rescue.n
Others beNdes mys.h were injured some belonged to
tie police some to the military.
C,oss eramind-At the time arrested Bennett,
had been struck with stone; there had Doom great
many stones thrown ut that time; don't thick that
there any stones throwing the precise time
which arrested him. there we're great many people
around; he was walking up from the sowery towards
broadway when arrested him; my im preston IL
that the lamps we're lit ~itDoss cannot b
the stone which hit him. at the time hit Assis-
tupt Capt Young Of the 10th ward police me-
do not think they all rioters, but it impsss
bic % distinguish the fotour from tho good cit
izens; ssw sonne persons refused admittsuc. whom
they applied pescesby fer tickets; was there Til
the alarm Of fire given IN the Opera House; Mr..
Ahurts, Of the 18th Ward Police, had charge of the
prisoners Ut the Opera House; don know how many
escaped saw persons refused aomttance, but don't
know whether they had tickets or not
Q.-(ey MIR SMIrs)-Did the persons Who
fnfrd admission express great LIBERALIZATION ~ bens
Am whom I saw so refused wore psrsusi.d
to go away, quietly except one; he said no won,d
BE- Id II he wouldn't no In; he Ia Equor;
meme OF tho Policemen or military that kaov
OF wer. killed that night; saw seven persons tying
de al hat light; her. large pile Of paving stones
lyirg there attack upon the door In 9Th
street mt the rear If the Opera House; don't know
nghtI vas ordered out II the Opera House ~ near
o'clock there q mum Der II sheri g ofc-rs there
Mr. Nscready WAS advertised 20 play that evening; |
shoc'd think the first voley was fred by the military
at about 10 o'clock.
D.siyi. CAnrsn1ra. captain Of the 9Th ward police
duty ct the Opera House. on thu night OF tho
10Th ~ Hay; made memorandum OF the occurrences
which took place there under my observation
t1he memorandum WAS here offered In as evidence,
relating to the general transactions ~ the night The
writing stated that he In the habit OF Keeping
daily record of transacops and this being very
porsnt, made record ~ II In this book which Is tue
day book kept at the station hous. This 7, made UP
from notss and memory the nsss have been destroy
ed this account ~as written up two or three days alter
toupe~i for the defence objected to tho reading OF
the document ofsred because " was Transcript from
original memorsLda. and because thare were comments
and other snnrgeneDtr.
III. Court decided that witness might the manu-
script "a rsfeth bis memory Council foe defence
cept to decion but the witness thsught he could give
the trRntsstiob- from memory
wiTstss i WAS directed TO meet tn. Chief Of Police
and Capt Fsirchid, and Cspt. WORRIES at the Opera
House 81 clock the sv-ning ~ the 10th Of Mays
nv position wss outside the hons. In Aator PIsc, 40
tam Notihss iosids the house. aud Zap. Fsirohiia n
the When the tpoe.u.u) werr properly dis
possd of the Chief told to act according 90 em-r
door opened at shout O'Clock ths snuouncemsn Mt
for ~; In lees thRs half hour iai-
uense I'D extending from the house 10 Brpsl-
way ordered the policemen o. krrs the crowd back
fem the valk VA front of the theatre the
er'wd soon eo~menced groanins aod hissins: and
stores econ followed thrown towards the Opera
Hcuse and police Officers heard the exprrssion,
hit the stars,n | coon found had not force
enough to resist the mob; there WIS a reserve
force in a stable near by I went - the chief
ard told him We bad not men enough, aud asked him
90 give me more men he gave directon, Co ~ aud
he tbs sfabla aoft
IN about tweDty minutes; tn. crowd very dense;
this Wa little before mos o'clock returned as
believed then sBd ~ believe just Ia tme To pre-.
vent II rrsb from erctin9 entr.nes 20 the hpue
81 The psrpels was already broken out 81 tho
door; told the To kneek down any aud every
ore Who stood there 10 Oppose hem succeeded In
prs,rrtiR then from getting into Ga. th.str- shortly
after thi' the military arrived sferI had Informed the
hsf of this told 81 10 folio~ and the MT
ntsry passed along through The midce Of the street
I vent across the street sodt Avoring 90 form
thst they clo.sd in immsdisely sf,er tue military
passed; company o. csvsry preceded the infsntry;
ths c.ss'y ..re ss'rild by the moo wi.h stone sad
rr6nnirr and bisspg: this I think shout niue
ocioet; the infsutIy were should think sim,-t Ina
nsdis'ey h.hipd the cavalry. the iufAntry also
the military passed the spsce tnsy occupied I'M
msdaiely flied mp by the mob and then IL that
N. proceedings OF the noh than nj any
time IN the evening; the theatre asaisi thu p5
licensp badly beaten. told nv men that they
Rad bttr hide their stare miS In With the crowd aud
arrest arg hey could. aud arrest knock down
men who threw stoue; 7 frequently begged Of
the pearsahle citizens tn retire Il their house,.
ard said that the policemen could manage ,h-
rioters nom that time until the military
rived. reipfsrcsd Wa engaged ou,sid-, and all
confu'ios. aided IL srrrstirg several, tr.r- .
erest deal - xr"sbing snd h~ring heard the cry of
put out the hghts" frequently frrm the mnb; tid
not e. round the sth street side when the military
came back. reinforced, followed the Recorder the
Chief OF Police ana the Sheriff. until they halted. I
h.srd the Recorder cell on the mob IN dispers..
they would be tired uppn, words TO that eject Ina
meoistey Alter stones thrown ct the military.
saw several wounded then heard the vcrd fr-'
given whether the military Aired the heads e ths
mob OF not. cannot cay u DID not appear to hsva
any eject whatsoever hut they (tbs military eoatipu.d
t. he ssssiIed BY the mob, ~sb stones thre-
m nu'ss sftsr IN. military srrd sgsin; this the
second volley then beard voices say thrr-
shot, the crowd then gave ~sy; In the ~ q
short time the srrt ~ the mob spp-ar-d to bs brosa
and tb. police cnud msnsge them. 7 do MT kno- that
there stone thruvu Of ths house after that;
tuon ssthe excitement had hat sbs'st took
ofetrs sd placed them ut the rgbt of the military;
IN The ccUr Of M hour lsrg. force Of military
copshtins 81 csvsry spd artillery came; by thai tims
the mob bad entirely Disappeared from about the