The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-22
Trial or tho Asto, Place Rioters.
COURT OF GENER AL SESSIONS.
Before Judaa Daily and Aldermen Wood aud Kslly
The PespLs of tie STATE of K,,~ York rs

| Before JudRs DAILY and Aldermen Wood aud Kelly.
| The People of TIE State Of New York ps.
! Thomas Bennett, John Norris
James Matthews, HUH Mel s,,rhliu
Alexander Hossaok, Thomas Green,
| Daniel A. Adriance, James o. Nell
| JURORS SWORN
| ]. Joseph Brovuer, 766 Green woh street
| Corpsitus Dewitt liquor dealer l3s Amos street.
8 David Page, public house. corner Of West and Ho-
4. Patrick Downey. tlnsmith 1877 Grand street.
9. Robert wst.rhouse grocer 81 Pitt street.
T. VIM Browning as4 washington street
=. Alsnson II Scuddsr. dry goods ~ Hammond st.
g. Jeremiah iswsy fruit merchant. 10 Fulton street.
10. Thomas Cooper, grocer. 1903 East Broad way.
II. Gorham P. Taylor. grocer I32 Monroe street.
IL David Newman grocer, 81 Broad street.
Counsel for tho Psople-Messrs. MoKeou, Whiting
Counsel for tho Defenee-Messrs. Smith, Bu.teed
Sherwood Seoles, Blanekmsn, Cornell SOhsli and Bou.
dinot.
NINTH pAY.
SEPT 2l-Ths court was called at half past o'clock
at Aston Place. the 10th Of May last, was pro-
ceeded with.
Captain J0Hr Turrv: reea,led,-c.p..in rilley was
called BY the prosecution, to prove that riot did
occur which testimony ruled Irrelevant in
tb: earlier stage Of the tria! He said received the
order, now presented, from the Chief Of Polios:-
orrfes o. Tni onrr, OF pol,o.,
To Carr TIILIr, OF THE rnIsrsssrr Wasp:-
SS and short % for 81 assi 1oSs1
shs Aster Place Opera House o'clock the s,snins
Without Il. order Of their Immediate On
ysuyil also, imprss the vital Importance
sssh. % b in
S. saS s n f:es % t h. ss and ysssss: s o
ros viii the order to the officers and policemen
- ' " '' I Geo t1i " 2%rszLL, Chief of Police.
was stationed, with my men, at tho Aston Place
Opera House on the night of the 10th OF May. and
helped TO take the tickets; allowed every one to
4 n tick rt 4 In
when tho stones began to come through the windows
then went into the streets the lamps In front Of
house we're then lighted; while outside saw a
fellow throw stone when immediately took hold Of
him, and after giving him blow the side OF tho
head with my club took him into tho house; I then
went around TO the Eighth street side OF the house.
where the military we're dawn mp; several showers
house; do not recollect the of the young man
srIested he Is not here but he Is Indicted
house At ths tim. you mad. shs ares. VI 'N'
Al do not know exactly but 1t was very short
time went out to zee how my men were stationed;
to Jeherson Market should suppose some twenty
,tsge Of the the Dsrn,cr ATTORNEY
said he would close the prosecution until after ths
animation OF the witnesses for tho defence. when,
should be necessary, he would Introduce rsbutsng
MIR snIrH counsel for Judson, stated that his Wit
ali testimony before h. opened the case On the part
Of his client.
MIR wHI1rso. for the people said that already min.
not BE- wasted
Mr.. BLANcKMAS, counsel for Bennett said that On
understanding was had that hts client should have
time TO procure all bis testimony before his defence
! Judge DAILY said he could not submit to suv such
arrangement, and counsel would have to be prepared
before coming into court IL would have been better
but ~ that course had not been pursued IL made but
little difference now.
TESTIMONY PoR THE DEFENCE.
RoBEnr CHAniks, sworn AN n whalebons worker;
reside at No 60 Grove street, do not kno~ u Il e.
Juds"n personally; know him when | him; WAS
the Place Opera House on the nj ht OF the lOth
OF May; fsw Judson ~hsn he arrxsS.d LIE do
Ing just nothing at the tms 1t in Eighth street;
dd ANY one in partieu isr have
with Judsun, don't kno~ that any thing ss,d when
he was arrested this before the military arrived;
Wac standing right on the edge VI the Sidewalk with
In three feet OF tucson There three four
soDs standing between them Might have persons
talking TO Judson but was payDg nosttsntion. Heard
him make no remarks that night Witnsss was arrest
ed that night and unchanged Took part Ia ths mat
ter. We discharged III. following sunday night Did
not know any Of the parties who there beside Mr.
Judson
C,o.s erGrined- Belong to a society called the unit
| ed Americans" MIR judson, believe is member Of
II. 1bsy have written constitution aud BY. laws.
Cannot iay whether MIR Judson Is officer he b.
| longs to different Chapter from the witness
| JACBsos BUnsTkD, examined by MIR smith
one Of the omeerr who arrested Mr.. Judsou Was
not sGbYonsed By the prosecution to attsad
| Judson vas going through the crosd ct toe time
| Nas not hear him long probably two minutes.
! The sidewslk vas all crc@ded up Does
collect whsther there any person then throsing
81 nee AT The tide of the building took MIR Judsun
.de doee not reool,ct whether there was any
made to him; tho other prisoners commenced
Safeguarding him they we're all runntng loose
them. but vas not officers Tresnor and Wills were
with vtnets when he arrested JudsOui be vas going
tova de- Bfosdtsy; wtnsrs arrested him only 10 conss
Of order he received TO do for he did not
notice him before To Ma. wnirIro - The prisousrs
vso sbu,ed Judsou we're net scbsr; thcte we're only
4 THoaAs MooRE exsmi ned. II saw MFR Judson Ia the
opsIa house. after lis arrest on the 10th or Nay II
was about nine o'clock; " ~as before chs military
/ cane, heard the prisoners sbu,ing MIR. Judson.
| o. Did he olAim protection
| Mr. wsiTfHc objected Il his might be simulated
evidence for Jud on might have previously arranged
with these parties to act IN this IN order To manu-
fscture evidence as he did In ths css Of the
PARTIES that with crime and lead Others
Into generally lay the foundation for exeupstins
tbem.eis.s
| Tbs Goupr decided sgsipst the question.
| mir. ssnH then put IL in suothsr torn. What was
the conduct Of the prisoners to.srds nr. Judfooi
The CeuHr over-ruied his question also, ~ being In
MIR. snrH reqsired the Court TO take note Of the
I objection.
Wustss to Mr.. whiting-I not long in the po-
lice; sm OF the Sth ~srd and sm al lrlshmza
s.nu,L p vasDstnroEr examined i sm "a agent
Of sAdrrby dsns .stste ~ss At tbs Opera House
tho 10th 81 May; ess there ew minutes before the
hing; tsv p,rsons iall person about ten feet from
ne fs, uss pr.ssva W oioee sgssst Mrs. Lsoydon's
house he VAS on the curb sno fell into the gut
teri had gone TO hear Msere.dy the first pisht Of
bic app afapce and bad gon. ~ hear Mr. Forrest ON
h. night Of the riot but had heard Ia the theatre that
kscrvsoy ~a performing that night too snd went 90
the Atter Race tnsatfe but coud In the place
was 90 cro.ded; cannot cay from my e~n Kuo~iedgs
whether any other persons near me Tell ron the nrst
Ere.
Cross erorined ~ Nj wsrrrse- Have been fami-
larry acquainted With hr. Judson for the last year
/ know Mr Stanley.
mr sarn-Why do you ass that question:
| MIR. Nnuiro-I want to nbd him (Jaughtsrl
| Mr. ssuH-I will produce him to ysu
| MuNtss 20 Mr.. MHIrss--i haze taken messages
from Nr. Judtop In relation to this urist tue nfss
time vas at the Tombs, when sxaminstion
going On
What messages did you bring, and to whomi
| Mt Sans objected.
Mr.. wsirse--i sill state the object, thsa.
Mr. ssI1H objected TO this, slso.
Tbs Lovkr ruled in favor Of the question.
The NIrryss thu sbs~sIed-It - Ia relation 10 .
witness, he requested ms to meet Nr Taos. Bennett
zen. at three o'clock bext day, for the purpose VI
settling all differences betsveb HEM snd To- have Mr.
francs Bennett not appear voluntarily against him;
Wa not able to zee hr Benpett, then got second
messy. from Nr. Judsop, TO the same effect; ss~