The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-18

COURT or GEnERAI sEssiONs-FIFTH DAY.
Before Jsdg. Daily, and Aldermen Wood and r. Kelly.

Thomas Bennett John Norris
James Nstthews Hugh Mel auehliu,
Alexander Iostack, Thomas Green,
Daniel A. Atriance, James O'Ne,ll.
JURORS SWORN
!. Jcseph Browner, 75e Green wich street.
2. Cornelius Dewitt liquor dealer. 1856 Amos street
DAVID Page, public house corner OF West and Ho
boken streets
.. Patrick powney. tinsmitb. ss7 Grand street.
D Robert wste, house grocer. 81 Pitt street.
D Chas. Ruskstope grocer, liz Amos street
!. VIM Browning SEA Washington street.
s. Alapsou II Scudder dry goods. ~ Hammond st.
Jeremiah BsvIey fruit merchant 10 Fulton street
I8. Thomas ?. Cooper, grocer l02 East Broadway.
IL David Newman, grocer, 81 Broad street
Counsel for the People Msssrs. McXeon, whitios
and Phillips
Ccur,el for tho Deferce-NIessrs smith. Busted
Sherwood. Sroles. BlsrkmeD, Cornell and Srhelt
Nothing was done In court until about half past IL
o'clock, when the rei was called, and arrangements
The busipcss was opened this morning by Mr..
Sherwood one Of tho counsel for defence who applied
council objected to this and the court ordered the trial
TO proceed
JONAS PHILLIrs, Esq Assistant District Attorney,
op.Iro the ease on the part ~ the pro,seuh,n by
jursprudence Of this State has trial of this character
occurred which has excited such general and @baebng
ragned are charged with being particpAtors IN the
dssraceful violation Of the peace OF the city the
night Of The 10th Of May last the results Of which
80 dissstious an carried affection and desoaton to
no nsny hearts and homes. After stating the legal
definition Of riot the counsel then proceeded You,
RtptImen arr not "a of the learned counsel has
stated in your hearing the jury Of of these defend
snis Only but You the jurors Of tho people of this
State 10 decide this issue the people and
these d.fopceDta according to the evidence. Under
This tpdcf mept ycn may coavict any all Of the
DEFENDANTS aud II IL not necessary that they should
have been aciusy engaged In the riot TO render them
sm.rsble to be laws II they there and da not
suppress nssist hers to do thew guilty OF the
eC' Dee charged against than IL will not bs denied
(athouRh from the extraordinary course pursusd In
sDpspp Hing this jury IL A. almost impossible anti
and character occurred at stor Place and
that vicinity. the night Of the 10th # Way shall
very briefly state the fscts which will appear In EVIL
dence applicable to each OF The defendants: ana drst
as to EDWARD u T. JuGsnD. the most prominent aud
most cis'ingnishsd Of these dafrnds,ts II will be
tbo1n that on The day preceding the riot he
avosed that he could end would carry Mr. Eorreet
tbro' gh" We shall shos hat the sight Of tn. ri
he went on the grosnd armed that hs was actively
engaged In exciting the Populsce. and appeared
TO Dc The lesde, OF . party armed with stones
sicns Of the mob urging them to do what they
ed before the military should arrive aud that while
they we're H. the very act Of assspg ths military he
told them that The ground they sto,d their
OVID that they bad right to It, aud he would protect
them IN their the military had only blank
cartridges; they nred rot bc alarmed nobndy would
be hurt On this hold Edward u. G.. Judson respon-
sible for all the blood split and the vss lost that
most DISASTROUS and memorable Dighs Mr. Philips
then detailed evidence NJ would each OF the
other Defendants with the riot and concluded by
mirdipg the jury that they were The gusrdisns and
cortervstors Of the p.sc--that they must vindcate
the lava for the protection Of their homes
sides well those of their fellow czsus who
nxiousiy watching tho progress Of this trial That
upon them rested the ponsibty of this iuvesias
ton. The only question. for then To determi were
whether there had been riot in which all any II
these def dants that they should de-
tsrmne this Issue. will the laws he maintained
ls~@ss violence and ruflsnism stalk shrcaf With i'm
pppity TO sco ut Justice who has entrusted to your
solemn charge her scales which you will hold ~ith .
finn and steady ard i'm partial hand.
THs EVIDENCE.
JoUr the hret called
Il he | VA L. q
that capacity on the 10Th Of May last ~
at TIE AFTER Place Opera louse on the night ~ toe
ofNsy. from o'clock I'll fhe middle Of the night
q Fer whst purpose did you SO there, or what
caused you TO co th.ie'
place tbst the defendants must be Identified having
been presrrt
fcilc-s, ne 70 avoid the objection
Odd you roe Mr.. Jsdson thsre9
Al did
Odd YOU zee three or more porsons thsre,
Ayes, saw more than i've huudred people.
Mir ssrH It'll objected that it not sutacient to
prove that one 81 the defendants va present IL was
Necessary that II should DO proved whether all the
parties accused were thsrn.
The Court decided that the course proposed TO be
rursued by the District Attorney wa correct
WirNrss-1hints hs slso recognises Bennett; he
voren pair of mustscbio. 1t that time
Q.-Nfst vas Judson dong on the night OF the 10Th
Of Nay lsst' Objected TO by Mr. Smith counsel for
Jpo-on On the ground thst they must mention al the
persons present.. coreerutd In the riot.
The court ruled TINT the evidence shoeid prooced.
A-Whenl was going round that uight TO rec cguiko
tho pVffouf engaged in The rsft q Communtcs-
ton NJ thought trtwetn party OF young men ia tho
street aud Judron and another psrtou, whom think
wac Bennett ibskDo OF young we're In the street
and Judson was on the sidesalk; saw young msn
20 iron, ibis company. and talk 10 Mr. Judson. who
ftood With his hsDds behind Sim. with person on
HI right ard smother on HE left; got mar, in
orcer 10 hear ,hat they aid re leaned biz Al down
end held stier Ia loo tone yith the three
prrsons heard rsIt 81 The eonv'rssiion; beard Jnd-
sop distno'ly say. IL v shsIne that Americans
sboua lie s.rvsd sos; heard tie young tssn say. as
be turned from SIR Judsor Nos boys Tor show.r;'
Ihsarc Nr Irdsup fsT pr-vausly. "Now boys what
yeu hsv, Co DO. must b. dou- quickly a. tIs MILL
fasy arc cunirg.n Mr. gudsun teid In reply % Nos
fer YER bold bows TN you arr AL reaay sta
thai there vss yollgy Of stones vent % rgsin5t the
OIsiS ticufe. Bsrnstt VS. Standing hes1c Judsoa;
never faw Judsoa b'fcre 20 know bio. come arrests
made but The NIB erred cut "lst them CO. ste D
req 'uto the street; aud Mr. Wits. policeman OF
the lth vafe IN cousrqu. nef q wat paced bet ~een
ard got pose Of officers Sufficient - surrouu1
tfe Isiy In TIE street; the stones came
ftrn TIE party e. JourE men that have spoken II
there were some twenty I've 90 thirty ~ themi shle
was In ~ Opera Hou.e q the reuth wsrd officers
brought In Mr. Judson, prisoner. I an y 1uive II
ss me o''.pesn, ths oshr 'ra.,,s "a ~,
one % he priaoners seemed to have grudEe ssnst
him; he ~rs not s.sIcheJ IN nv trcssncs; after
The secufsd, Bennett and some one said u
vas hts brother. in.isW.
Tho council for tho prosecution now proposed to 90
and prove the general transactions at the tine OF
the iict
count ruled that the prosecution ust proceed frst
by proving the Individual acts Of each OF the dsf-n-
snts. ~ they til to cot the In this wsy,
They mag then introduce evidence Of general transac
tisrs.
Hffn,ss Cross,rcsinsS i vent To the Opera House
befois s.,en ocioek; my district is the Thirteenth;
the Opera House not IN my district
Q-vhy were Jou there that nj fht,
A.-By an oidcr 81 the Chief ~ Police.
q What time did Jnu receive that order
Al think n that morning, but IL may have
been the csy before
Q-Hov long I'D you remain on the ground
Atm he latter pnrt Of the night
Q-v hen did you first zee The msn you supposed TO
BE- Mr.. Juesong
Alt half past eight nine or might have
been ten o'clJck
How icrs vas II afterwards that you ssr him in
the Optrn Hous.
Al 81, MD tbirk n vas twenty. Eve minutes
Q-Htv iutg b-d you been on the ground IL IL
Important 90 fs the tine.
A. csrnot tell exactly.
C..-How ione we're y,u your poet In front Of
TIE foute before yCu vent around 20 the back 81 the
hCuse7
ennnot tel exactly.
Q-Ntat cid you ~h.p you drst got there
Al stationed my men In front OF the house
q -ficu many ntn hsd youi
Al thiLk there we're either ~ or ~ stood there
While The people vent in With their tickets
N a.. a ...f.A hat IJh