The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-06
TWO CENTS.

to adopt The readiest means ct hand for their sv~-
preston prompt and judicious ia necessary.
but the most udcious does not always suepsst itesf
in great emergencies When promptnsss L shown
some indiscreton may be pardoned. 1t II easier TO
nnd fault than to cot This whole subject, ssntlsnss,
10 open before you and you left to take any
respecting II. which the public interest requires
There three offences growing Of this transse-
tion-consPiracy. riot and srson Any combination Of
two more persons to commit offence IL Q eonspi-
rscy and II the evidence before usnss the bslsf
more persons with tn. design OF Committing not q
the theatre, viii be your duty to indict them for
conspiracy This Ia the FIRST point of enquiry, end
nope you will probe IL to the bottom-thst you WILL II
possible trace It to It's and that II beyond the
mere Visible actor. there are stil more Responsible
need not tell you that he who plans such enterprise
is as guilty as the Instruments h. puts in motion.
As to the next branch Of your Inquiries any disturb
ance u public order by force breach Of the psase
Any tumultu0us Assem- blags Of three persons
deporting themselves in such manner to endanger
the public peace and excite terror and alarm In
rational and firm minded persons, Is unlawful; and
whenever three or more persons In tumultsous man
per use force or violence in the execution Of any De-
sign wherein the law docs not allow the Of force,
they are guilty Of riot. riot la defined be
mutuous disturbance Of the psbsc peace by three or
more persoas assembled together Of their own sutho
rty mutually assisting each other against all who op-
pose them and engaged In executing some desisa In
violent and turbulent MANNER to the terror and
all who participate principals IL IL offence in
which there must be three. may be- many actors.
The law does not distinguish between the relative de-
gree of violence used by individuals; but every ono
who participates responsible for all that has taken
place All who have participated to be Jointly In
dicted and jointly tried. The only discrimination
which the law makes. Ia the discretion given to the
Court in apportioning the degree Of punishmsnt.
riot take place all who aid encourage promote 1t,
BY words signs gestures other sots principals
II is not necessary that party should commit
pons or making use Of threatening speeches tur-
bulent ge.tures any act OF assistance or ensou-
Iae,ment is sufficient to make him prineipai I.
Under this head inquiries will be- directed TO what
took place ut the Opera House and its vicinity upon
the evenings OF Monday aud Thursday The frst Will
embrace what occurred within the THEATRE the latter,
what occurred within and without Whatever opinion
msy be entertained q the propricty Of dramatic and
the il lawful to reprsssht and
lawful to witness them One Of the consequences
kutng from this species Of L. the right Of
audience give spontaneous expresson to the feel
pgs Of appreciation or d, appreciation which the repre-
eentation inspires. This u nothing than the
right which any one has, to critclse book, or any
work OF art presented for hs entertainment profit
In the theatre. this has been right Of immemoriAl
ufage but 1t does not rest that alone, for it has
received the solemn sanction Of u court OF justice
The Judge then read decision Of Sir James Mansfield
In arisng out Of the P. riots Of London. This
Is = privilege you will perceive by the authority
have read which has Its limitation 1t does not i'm
ply right to create tumult in the theatre to throw
II imply the right Of few to give continue the
preston Of their disapprobston In such manner - to
prevent the majority present from witnessing the
formHnce II they desire to do Least OF ALL in the
language Of Judge bansfed does 1t imply . right to
mbine and to the theatre to prevent particular
performance, to hiss actor from the stage The
simple for person who dslikes ACTOR 10 to
abstain from visiting the theatre when The plays; and
the patrons phases that dislike the in
teret the proprietor spesdy dictate the necessity
OF Withdrawing the performer no reason whye
into an arena for the display OF wless force and vo
ence Ysu will enquire into all that ranpred within
the Opera House upon the Monday night in question;
and II you satisfied that any parties there
guilty OF riot within the definition have given, you
will indict them accordingly The Judge then referred
to the events Of Thursday night and the in
struction saying that the Jury must distinguish be-
tween and spectators and that 1t
very wrong for citizens to Bger about the Of
riot BY the accession Of numbers they give confidence
and holiness to the rioters. and diGcuit
s human curiosity that even well disposed oitisens are
attracted by the excitement To courageous minds,
there fascination from the very presence Of danger
and distinction must be carefully drawn between
those who were mere lockers and those who were
stimulating and encouraging the riot. He then defined
the crime Of and referred to those charged with
IN attempt to Gre the Opera House He said the jury
should also look into the conduct Of the police foree
and If any member Of that body gave aid sounte-
to the rioters he should be indicted and made
example Of. II he wiltuly neglected his duty, he IL
liable to BE- prosecuted aud In scrutnixng the son-
duet OF public officers II not necessary to be
considerable for the influence Of human fear for an
officer lacked she constitutional essential TO the
d. charge Of his duty he should abstain from intrudng
himself into such Office re has excuse for
his misconduct than tho coward who enlists as SOL
der
Ths remainder of Judge Daly's charge related to
certain local laws Of lets general interest
He referred to the existence OF the prevailing epidemic
and the great imposed upon the authorities the
necessity for thoroughly cleansing the CITY at ones at
any and of providing the INDECENT with nsdeine
and medical aid and such other sanitary regulations
| as the urgency Of the case demanded. He said the
authorities could not do everything, and much mignt
be effected by the veilnnt cooperation OF citsens ~
would be well for the Grand Jury to inform
Of what the public authorities had done and we're 40
ing and IT they could suggest anything either to the
authorities to the citixess at large to make present.
accordingly He closed by saying that In respect
to the subject which had occupied the principal part
of his charge, the Grand Jury did their duty, tie
! Court would not be found wanting In thsirs.
Case Of The People ". George Natherman This case
is resumed from yesterday Billings called to the
stand and his cross examination completed.
MIR JAS. BRADSHAW BILLINGS callsd-Is o clerk in
| the Irving Houte; knows the young who last
on the stand him at the Hotel; have seer
Northerman at the Irving House, In company with
Billings raw them there together two three days
; before the robbery eommitted Irecolect seeing
Northerman there at dinner with Billings; don't re-
Cross eramint'-I don't recollect how Northsrman
dressed when he dned there know his face; have
/ no doubt about the identity.
JosIrH SILLiMAN sworn-I am a clerk In Mr. Brooks
clothing store at the Of Catherine and Cherry
Streets Billings at Mr. Brooks store, on 10th
tf May; he in company with Northerman; BIZ
lngs bought diab summer overcost pair Of panta-
looms three linen collars two shrts four pairs half
bore, vabse, and two pair Of gloves Billings
paid for the articles; they amounted to about $ O.
he paid In gold he gave me two eagles and half
eagle thinks he changed his clothes In the store the
articles which he took OF put In the vase with
the other articles which he had purchased this was In
the store at about the same time
Gross esnm,ned II know that 1t Saturday eve
mig mat THESE called nj the store Monday,
Policeman came for to go the police ONCE, and
then recoeced that had sold these goods the So
turday previous Billings In the store half three
quarters Of an hour, ! recollect Northerman by his
cOuntenance; he took part in the purch other
than advising Billings about the coat; have no doubt
that he was the man; am fully persuaded that he Is
the man. t'' -NaIH b.
GroKGE w. WALLiSe sworn--I am an ofneer attached
to the Chief bureau; Northwman put in my
charge after bis arrest detaih4d him in custody and
took him to the Irving Houre: speaking OF Billings
Northerman said, diDed with him on Friday last"
this was on Sunday; he told me that he became ~
quainted with Billings in Philadelphia
The prosecution here rested.
Officer NoRRis, called by the defsncoHAs never been
offered reward for hts services in this NATTER MI Sd
mnn identified the prisoners ~ the persons VINO we're
at MIR Brcoks's store saturday night .
The evidence was summed up on the part OF the de-
fence by A. A PHILIPPE the counsel assigned ~ The
Court TO conduct the for the prisoner-his own
council not being present. and the part Of the pro-
ucution by D. Phillips, the Assistant District Attor-
new Tho Recorder charged the jury at some length,
lssi iuanlx and nlacinx Il luadlx