The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-13
Triai or the Aston Place Rioters.

filled at early hour and before the court opened
oil the lohbies crowded The vsiters looked like
Interested spectators and caught eagerly every word
which fell from the lips Of tho judges counsel on
either side and orc or two occasions, when
rand was to be performed than q dozen willing
messengers At hand on the instant.
vHE CALENDAR.
The calendar for the dsy exhibited 1t the dsor Of
the court room. was ~ follows:
Name. Of Dcir"darfs. Indication
+. Il. G. Jndsou and others. Rfet
Isaiah RyDders.. lpoiting riot.
Robert Miller, Jas. Long Jas
VIM sparks {. Tapp:n, TIos.
vim E. Alien. ri; TEoa i,.tdcid. Riot.
Josiah Shea Chas Bartlett Joha
Squire. Thos. Mcguire. Riot.
yothh Long ..... mot.
Isaiah Ky nders. Assauit eud battsry.
FIRsr CASE.
The first case on the calendar being that IN which
ten ofrhe persons accused Of riot we're indctsd to-
loving the TIL. ~ the NJ 1t presents igsf the
endorsement Of the indctment:-
:. The People @ 4s Stats 81 Neg Y"rk'
Thomas Bennett, John Norris
Jas Hsrhews, Hugh Mc'.sughlin,
Al xsudsr Hossark, Thomas Green,
The counsel for the People In this John Nc
Keen me District ntornr, and hi. assistant jonas
The counssl Tor the pri .onsrs are Jas VI Smith for
Juds.n. !, scol-. for o,Nsii Mason and Bus
teed Ter Douglass and ~ J. Cornell. for Airisncs
Afth- prf'on"rr appesr except Green, whose resog-
nizRpcp H. declared forfeit
IL some time after the court had been formally
opened Def sufficient order could be procured &C. al
low counsel 70 proceed with the case When at length
order established the court and bar arranged
for the trial, rather formidable appoarancs
The counsel for the People three In number arr.ysd
their forces at table parallel With the bench and
fxeirg tire court The counsel frths accu cd Ave In
plumber seated themselves at . table facing the jury
seats. The ease opened with
Nr,icArioSs TO PUT OFF TRIAL.
Mr. Smith coups.l For T. u g. Jut5on, ~ thu
accued. fret addressed the court He prefaced
his rsmsrks nv saving that he was not Mr.
Juascp- except for the purpose Masking this
appl cation MIR Jud-on makes application Hrst for
s,pnrst. trial ipasmuch ns hs was not Of
tn" PERSONS with whom he IL impeaded but at the
81 The riot In the prosecution OF his duties
reporter for weekly paper Of which he va. editor
and reporter He nso makes application to have his
trial pc poned drst the ground OF the absence Of
two material witnesses Duncan q. Pell, and Moses
GrinDelt both Of whom are material witnesses,
and without whose Testimony HI cannot safely proceed
to trial He slso alleges. AFFIDAVIT that his
rel Thomas Warner Is sick. aud confined to his bed
at the preehf time.
The raction vas opposed BY the District Attorney,
end MIR whiting counsel for the People Who stated
that ample time had been sllp~ed the defend ant to
pr-uSre trial tn. bill ~ indie msnt tound
the 53d NJ June last and besides that the Adavts
on which the applc atoms ar. hssed arr detective
In tbo.- points which rlnt. e. the abeuce ~ witnesses
Mr. whiting stated that this rot occurred long
- III. 10th 81 May the putting DOM of which caused
the Blood Of innocent citizens tn hw through the pub
lie streets. Nr Jussob was indicted the ed OF
June lat and for the last nine days hs has known that
.n t ,'a' We. W c".e ou w o.v' a"n ye us IA. nos
witnesses Shall the public business be potponed be-
cau'r Mr 'uo.on NJ nfso gu,y "' ~ und,r
~ n, hin 80 d,s.ioss hst % na.t ~" -,
these witnesses
.,,,n. a,, "a, snn'.,a a., ',s q, ~" n,..."'
that ali had heeu forth the sdavits that need
o. ~. q, ,"u ~, ,p ."s apphe soa
counsel here present that the re,lence OF MIR Pell
As Also that OF vr Gripp.lI was I'm thu. c,ty II r.
la thnfu ha HE
di,cosng what IN. d,,.nd.nt Intended 20 ora
D., ,he.. ,y,,p... bs ,oua ma, s.,d ,h. ro,ns.I hs
os,,s's to a,.c,os. ri. an ,hs a., .nal,..,,oo
IN nos,nop. IN. trial lie tnrtb.r arypsd m "A
the Gct that IN. public ~er, excited IN r,f.reaes
70 ,h,s matter was NOT GOOD reason vbv This otIon
should not be- granted IL wps rather n reason wby
IN. cas-. sbould no, nov he tried tn. nubIio vants
reference 10 this subject IL suceut rs.s.n vhy the
eel. ~ shoa n. len, c.r.f,Iiv h,I,n,.d ~
nigh, b. ins"Dv.pIrn, but is was io.,rba. ali legal
t.pt iury could not be- supa IN mi. eoantv tbs Sta
tut- makes provision for ,uch ease by trsnsfsrriog
III. trial TO another county
Mir N,K,o, Ui-,,ic, Attorpsv s,a,sd that he hal
never nos application for separate trial 20 be m ada
xs,a, A. sncb tim. a. n, an. ..rea r.na, "a mr. -
coed 10 triaIn ~. had stated that he was present
acting 10 The pacttv Of for the papsr which
h. eanoucts The ,,rand Jury have found bill OF in
against him after bSa-ipg the nee oro-
dur,d brfr. them defy rpntiem. TO pu. their anger
on apy Gaze where persons indicted for riot had Dee
granted sers'.'. trial when ippraded -ith others
very bsturc OF tn. case not being BY tho
action az sewers. rerson-
Qupsihp by tbs Court Have slbppnas been sent TO
Ms.svp p.II and Irippoll1
The District Attorney replied. that there vas no
evid.u nee 20 chow that such had bson scnt
Mr. NcKso~ nov proposea To send tn ur Grin neil's
Office TO see whether he he "a at the present.
tine The messenger returned With the fnforrns
that MIR Crinnel was in town and .as here also yes
terdsy
AppIicstiop was made by Mr. Pustsed counsel for
Geo Douvsss on. ~ the persons In this in
dic,m.pt IL wa. a.k.d that IN. defendant Dourlxss
misbt have a separate trial Uis counsel urged thai
his client vas m,ncr ana that he vas deaf
Tn. District ATTORNEY said tbs, A. was the dr.t tim
he had learned that because n person was deaf and
minor n. cot I'd not throw a briethat
MI Brsrs,D replied rrpro,IuQ the District Attorusv
for his rp,ort spd attn bat his ellie 70
have separate trial on account of his and ds
ability ~, m I. afn.ss
Mr. scot,, for the defendant OiNefl moved for a
Of trial on the ground II tn. ab.sno. OF
uitress and
MIR !. q. CorrytI. for Daniel A. Adriaues moved a
separate trial for his client
Thee srplicatiops t.ins eli In and IN. arguments
heard Judge Dsl, after .hor, .ith ths
Aldermen gave n. foIiouipe as the
p,cts,o- a, vs., c,usv
The au.iic.tio. A. 90 fold rour ~ IN.