The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-24

will be renewed to-day, and we really hope that it
will be terminated long before the close of this
week. II has already lasted ten working days-far
too long The delay has been caused by the con-
duct OF the counsel employed by the prisoners
This conduct has been so oveIbearing and impru-
dent, as Justly to call down the of the court
--censure which has been responded to by the
whole community. Judge DAILY has maintained the
dignity of his position, and deserves great credit
for the tone and temper with which he has
Quoted the investigation.
The case for the prosecution has been finished.
Only little more evidence, for few of the ac-
cused, is to be given during the present week Oae
of the most striking Developments this trial, is
the position occupied by Judson, or Ned Buntline,
as he calls himself, during the riot the 10th Of
May last, which ended SO boodily and deporably
for the character of this city. Until the evidence
inculpatng this particular person was given, the
extent of his criminality was entirely unknown to
the community. 1t is now revealed, however, and
he stands before the jury and the world one of
the principal if not the very chief ringleader IN
the riot on the melancholy night in question. We
do not enter into the minute points of the evidence
The jury, and the whole community, cannot fail to
the strength, consistency, and force of the
evidence, it gwen by the several witnesses,
who had no sort of intercourse with or knowledge
of each other This evidence shows the purpose
OF the man. This purpose was, to avail himself of
the general excitement produced on the public
mind by the second appearance of Macready, to
head the rioters, and to CLAIM for himself all the
merit of the outbreak and its awful consequences.
Propositions to burn down the theatre-to set the
building on fire. full as it of innocent people
are connected with this evidence, in a strange
way-an atrocity which makes the human heart
recoil at the very thought of such catastrophe.
In fact, Judson seems to monopose the post
of chief nstigator, among the batch with whom
he acted in the riot, and with whom he is
now coupled On the trial. Some of his asso-
GATES in the dock, seem to have been very I'M
Important aduncts IN the movement, or slightly
connected with it, while he was anxious, with
Roman broad sword and revolving pistols, to direct
them, for the purpose of "seeing Ned Forrest put
tbrough"-and, certainly, Ned Forrest has been
put little too far through.
What will be the result of this curious trial
In all the trials that we have read or heard,
we have never known evidence clearer or more
positive against prisoner, than that against the
principal noter. Yet, in spite of the strong cha
racter of this evidence, there are persons around
and about the court, as we are informed, who as
sert there will be no conviction by the jury now
empaaelled to try the case. We do not believe nor
can we countenance, such an imputaton against
Jury who, like all juries, are entrusted with the
lives, property reputation Of their fellow citizens,
and the interests of society at large. The chief
roter cannot escape the consequences of his con-
duct on that night unless some member of some
Ii
known to the community, has crept into the jury
box, and holds out for the purpose Of vitiatmg a
verdlct-a verdict which has already been agreed
upon by the whole community, and by every one
who has read the evidence. We do not believe in
any such result. With such testimony before the
community, failure of jury to agree upon a
verdict, through the reluctance Of any single jury
man who might Aold out, from any secret cause,
would create as strong feeling of indignation IN
this community, as the original fomentlng and
management of the riot, with all Its terrible conse-
quences.
We will not, therefore, listen for q moment to
the idea which Is sought to be produced by IN
indicted rioters, or unprincipled men about the
court, to the effect that the jury lmpanelled the
present case will overlook the strength, the con-
sistency and the force Of the testimony, developing
the Foeiton the character and the acts in that very
atrocious project which was connected with the
movement to burn down the theatre, full, as it was
at the time, of innocent people. The first duty Of
organised government and Of courts Of justice, is
to preserve the peace of society, to put down riots
and rioters, to protect innocent, quiet, and peace
able citizens in their vacations and if, growing
out Of the bad conduct of bad men, the authorities
should act either cowardy or unwisely, the COM
munty should remember them at the ballot box
when the proper time arrives. The jury box must
fret do tsduty to the community and to the crim,.
nall the ballot box will perform its functions in the
proper time, and in the proper way, to the public
authorities.