The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-29
NO. 55ss.

The People Of the State Of N,v York.
z. z. C. JuAson, George Douglass,
Thomas Bennett, John Norris
Jes Matthews, Hugh Mclaughlin,
Alexander Hossack, Thomas Green,
Daniel A Adrancs James O'Nsil.
JURORS SWORN
!. Joseph Browner, 756 Green ~ich street.
2. CorDeius Dewitt. liquor dealer 1875 Amos street
3. David Page public house. corner Of West and Ho
4. Patrick Down.y tnsm,th, ss7 Grand street.
q Robert wsterhouse grocer 81 Pitt street
Cs.s suck.tons as s,ossr: ,in a%os street
8. Aansop H. Scudder dry goods ~ Hammond At
g. Jersmish Haw-y fruit merchant. 10 Fulton street.
10 Thomas P Cooper grocer 1903 Fast Broadway.
Il. Gorhs% ? TAYLOR aroe:s isa Monroe street
Council for the Psopls-Messrs McNsor, whiting
Counsel for the Defence Messrs Smith, Bustsed.
Sherwood. Morrison Blanckman' Cornell Schsll and
Boudinot.
FIFTEENTH DAY.
Ssrr. 26.-Mr. SMITH resumed he summing up Of the
evidence the defence at 10Y o'clock this moruiug
He cor cluded his address half past H. when Mr.
Mckeon commenced his summing up for the prosecu.
ton.
rHK DISTRICT ATTORNEYS ADDRESS TO THE JURY.
The DISTRICT ArroR~EY (Nr McKeonl then addressed
the jury May 1t please the Court Centlem.n Of the
jury. the moment has at length arrived when it be-
comes ny DUTY a. the representative OF the people in
this investigation. to present such views as, in my
judgment should induce you To render a verdict
consumed in this trial should simonish to bs brief
vain any remarks which | may offer. Fortunately. the
-eved and lou from very extended discussion on
my part. You will believe me gentlemen when as
would induce to trespsss your patience fstgusd
end out you must be by the ordeal you
lnve been compelled to submit to The SIM
pie In it's nature has been mystiaed that degree
that your minds have been drawn of from the real
question: involved In the Issue between the State and
these defendants My object shall he to sudeavor to
lead back attention tn the only question really
these depdsns or any them in the riot Of the 10th
Of Nav last At the Astor Place Opera House The
country IL written in characters Of blood and will re-
main for the OF our municipal history Into
to ronrc You are net into the merits If the
controversy betwesn two distinguished trsgedisus
You are not sworn to Inquire vhstnsr or not sropsr
preston of the riot Yon have been told that the
authorities sbsnld have closed the theatre to prevent
the DISTURBANCES. ! have here but word to say In
wer-tbst bad that been done. the spirit Of mob
rule would have been triumphant bad that doctrine
been adopted the lswess bands which ufest this city
end known TO every one connected with the police,
would have dictated terms your fellow citizens Let
this be the principle which act aud what
will be the consequence every mans business
will BE- carried a. the mercy the mob Thslsssees
OF that building bad paid the license required by your
laws, and they were entitled to protection FROM those
laws II they become obnoxious to any set Of 1t
IL insisted they must close their doors II this pre-
ced@nt he f.roS.d. the day when fau ,tcism
shall with its tbonsands Of followers demand that
precedent Of the theatre to day gill he flio~ed to-
morsw by the closing Of the place Of business Of
Individual the church Of some acct obnoxious to
any set Of msn. Born reared In . government Of
saws. for one. J never will submit to the doctrine
that the demands d.speradoes shall dictate
the terms which men shall live IN this community.
Every idea ofiberty Of persona Independence and Of
order rises up against such despotism of the mob.
Bot 1t Is not these questions you to deliberate.
You sworn to try the pie issue between the peo
present. a" and ~rrs in An, ., nUs .sS
the disturbance Of the evening Of the 10th OF May.
ius to det:rmps and tS. alone sS. your
attention In the Indictment against these parties,
fer an assault ana battery on Stuart Smith the o
Ger who testified that he was struck by a stone aud
staggered against the Opers Heusp The will In
ipdic meDt fHh
Court has decided TO be good) you may convict
guilt any ore or non. OF these defendants Your duty
Is simply Ia say whether none u guilty,
not I he Court will. on sentence discriminate as 20
the degree. ct guilt In apoortion'rs the nnni.hnsnt
In re Ienitsntsry and two hundred and atty
dollars One ard may be- reduced to the lowest
term OF imprisonment and the smallest noe
Your attention must unquestionshly be first given to
the legal meaning Of the term riot. adopt the Ian
of this c. ur In their charge to the Grand Jury
ss nGording as good rule as you desire ~ the
srh Ct Of riot. hs District Attorney then read from
The charge Of Judge DAILY To the Grand Jury Slack
stcps, ~ his Commentaries thus speaks Of riot and
rioters uDlavful sssemnlsgcs, aud ar'ays:-" An
lawful sss' mhaae IL when three or more persons
seu'hle themselves together to DO unlawful
to rr,i down enclosures TO destroy warren, the
game therein aud fail without doing 1t. making any
motion towards 1t A riot Ia where three meet
to do an unlawful act upon a common ground forci-
bly, br-shpg down fences upon right claimed OF COM
mon Of wsy. aud make some advance. to~srdsit. A
riot Is where three Sc ua do uala~fu act
OF violence either with or without common
quarrel o. mthey beat man q beast and Nil game in
anotber's purchase warren. or THIRTY or To do any
aawfuiect as removing snu'.aoc-iu violent aud ia.
muliucus manner liza sudden disturbances arise amongst
persons met Together for innocent they will
BE- Guilty Of an sGr"y. though IL they form parties. ana
snpspe In any violent proceedings. with promises Of
Opposition TO dpmoiish . house or other building,
there be doubt they rioters snd will not be
sb,. ss. Soe, u s.sn" e. ".ss Frsn york On
criminal Law. WHARTON American Criminal Las)
n. p,tT,ct attorney read fee sx,rae'' giving dea
proved no .vious concert. " they scted ~ II With
seommop oerisn and Iumon object they were guilty
The District Attorney here having read the lsv
riots, unlawful assemhiagcs. ARRAYS. sc procseds:
Having given you these epunciaious Of the Lac TO
riots ard ~bo actors and responsible, call your
attention TO the te-timouy in the cause The chsrsc-
ter of the riot has been given TO BY several witness
District Police Captain RILEY. OF Ii. thirteenth Dis
tret. and Recorder TsImadgs You must be satisfied
that In Actor Place and In Eighth street. aud in the
streets leading to the Opera House. Thousands
cslirct.d together on the night of the oth May In
that crowd foupd the rioters from thu ueghborng
city Of rhisd- phis ~hich has been disgrscsd ny
scenes Of turbulence aud blood In the same crowd
were dsoovsrrd notorious set OF rowdies. known to
themselves aud the police the Short Boys" 10 Il
stated In the evidence these rioters have their place of
meeting. yoleys 81 stones we're thrown. and whilst
they wsre being thrown the crv h-std island by,
short boys dtpt let them arrest them rhs cry was
heard wi.n.vsr there a,temp, by the police to
sr,st any per or gsg.d 10 the riot You cannot
but rene mber the statement II Recorder Talmsige,
that he left the Opera House. into street aud
there found the mob sssailug the Opera House with
stones The p lice we're stationed ON the walk on the
ou'sioe; sttscks stacks made the polic- we're
repealed. made by the police OF the riot
srs. and attempts at rescue made; stooes
we're thrown at the house. bressipg the Windows
The mis,ss s.riousiy injured al,o several policemen.
Many engaged In the suppression OF the disturbance
were struck With stones The stones cane In re-
pe.tsdly from Astor place and sth street. into the
theatre, and endangered the lives II the psrsous
within. The panels q the door farcsd In. The
police unable resist the force Of tie mob rush.
inE the Opers House. Missiles we're tbro~n In
every direcfien. The policemen aud the Rsrorder
hlmfeif injured To such extent had violence
preceded that IN the language Of this magistrate,
told tbe sheriff he must send for the military that the
II fha 81
bance The military, -hich had been sent foe ny
the SksiiG, arrived and hated a. vas informed In
sih street; desired they might he sent into Astor
place they nov passed by the main entrance In
Astor place snd a. they passed. stones were thro~n