The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-29

that in the early part the evening he gave
to keep the opening 70 the thestrs clear keep the
prtRiops were made Of in the crowd to the
"hit the stars referring to the policemen Who are
10 oilpg up reserve @; pohcemeu stationed in the
vicinity and they just in me to prevent the
forcing an enhance INTO the theatre; they had al
ready hurst the panels out Of the door under his
ton body Of policemen after the arrival the mill
tsry attempted 10 clear the street. IL fsilure tho
small body of cavalry aud infantry vera assaulted with
stones grcsus and hsses: then the mob became more
rtotoUs the glafses Of the Opera HOUSE were
the lamps were broken and the cry heard put out
the lights" from the mob. He sustsius tho statement
or the Recorder in relation to the magistrate eutrea
rg mob TO retire in relation to the shower
men being wounded before any order given drs
that the first fire appeared to have effect tho
mob The mob filed up all the space from Broadway
to Lafayette Place. 1t WAS excited nosy-tu
multuous- shouting and hailoong; and. In reply 10
one OF the jurors the witness stated the mob could
bave been qur~d BY human force without the aid
OF the military. The Testimony Of Captain Thley Of
the 18th district states that after srrspg prisoner
from Aston Place he went into the theatre and there
found the Sheriff the Recorder the Chief Of Police
hilst standing speaking with them the back door Of
the theatre WAS smashed In sth street; stone as
large as his head came in through the panel smshug
To his express lou the door An intense
was going on in Sth street-hsleoing shouting cheer
smashing in With stones and with their feet Then Il
was that he appealed to the Chief Of Police Are We
going to stand here and let them come to u.s." He
rushed out with body CT men 1t then he cleared
the street with the exception OF Judsons party and
the party with which he com unicstng and
which was engaged In throwing stones at the the
atre. and. when any arrest was made cried out.
Rescue him ~ 4" Rescue him - Can any one doubt
that the scene which has been depicted comes
within the definition Of . riot Has 1t not all
the elements Of riot as given by the legal autho
rities' To the Court you must refer for the law
bound to take the evidence Of from the Wit
nesses on the stand you bound to take the evil
enrt % law from the Court assuming that tn.
the law that the evidence establishes a riot every
perton charged in this indictment, who aided, Gu
c. ursgtd or promoted IL by words gestures other
acts. are principals 1t is not necessary, as have
before stated that a party should commit vio-
ing use Of threatening or turbulent gestures or
any act OF assistance or rsgsment is suf.
fneient to make him a principal Briefly, I win
endssyer to call your recollection to the evidence
in each case have condensed the testimony, and (
hope to salisfy your minds beyond reasonable doubt
now on his trial. l want your patient attention
In matter OF deep interest," as well to these
prisoners as to this community. The evidence
licemsn Davis, Smith, Hogan, Frascis Bennett. and
may add Robbins and Jackson. witnesses intro
that be going to recogpise the rioters he
saw Judson In communication with . crowd CT young
%sn and prisoner Bennett The youns men we're
his bands behind him. could OF these young
men" .s,s Tilisy, go from the oro~d and talk with
sitting on Judson's left IN this ROOM as the young
msn He further stated that he covered his star and
plhceO ninteI near JuosOn, so that nc might hear
what Judson had to say Judson entered Into con.
versstisn with young man in front of him. aud Ben
nett his left He heard Judson say distinctly,
that 1t was shame Americans should be served SO u
He heard the young man who came from the party in
the street as he turned from Judson ray, Now boys
for a shower" This party numbered from twenty Ave
to thirty. Who seemed to act together A shower of
stones from them after the stones we're thrown
the young man with whom he had commuuicA-
ton. (uDQuestioDably Bennett, as will show you'll
came up to him talked with him put his hand his
shoulder and they walked to the sidewalk together
been arrested and rescued previous to tn. con-
yersstion with Judson and his adj utAnt, Bennett
Pocsmsp Davis tctihes be saw Bennett in the crowd
with star uplifted above his head crying, Victory
three cheers for victory ~ Stones thrown all the
TINE In Daviss language, he said he knew Bennett
Bennett with Dayis Davis called his attention to Gen.
nett's conduct: he was shouting; he saw Bennett
shaking something over his head he immediately
heard by him to shout, Victory victory - lie seized
him and took from him . policemans star. When
seen by Smith he was In the middle OF the street. aud
not many persons between Smith and Bennett In re-
ply 60 juror. he stated he positive that Bennett
was II man be tack the star from; he had doubt
he identified him the next morning. Policeman Hogan
sso identifies Bennett; after describing Iudsoa the
master spirit of the mob on Eighth streetor, as he
termed him the focus around vhich the mob gathered
be stated that Bennett his left side he cannot
be mistaken; he knows hts scowl and IL sure he cav
Judton and Bennett talking together. MIR cChesney
sstes he saw Judson whisper TO one Of the LEADING
rioters who would then go of Who could that
be hut Bennett, the prisoner, according to the
IN sddion. the testimony Of Francis Bennett whose
lsne has produced more confusion here He identities
Bennett ss the man who was converting with Judson,
oeuying ages to the rioters, aud as the person
Who Informed Judsop, that the captain of the 18TH
ward. Iilley vas watching judson This was uudoubt
edy the man whom Tiey referred TO In his testinon
wb.n be tad. AFTER the man communicated with
Judson he vent back to the party In the street. and
TIM yoey OF stones went against the theatre break
Ing the windows Then some Of the party clinoh
ed by the officers, and that succeeded by cry Of
Let go Of him. rescue hin; rescue him I" This
tls I'll I'm ali al
fhoutd victory His own witnesses Robbins aud I'D
son botb admit he had the sfsr and Of them adj
mift he the star In his band with his raised
about ne high bis head You may have observed ho~
csr fcly be hts band raise u above
be lead. what conclusion can you drsr but that
Emmett vas In the riot active In support Of disor-
d.rly tspotDcies-the aid and supporter Of Judson
The apparent inconsist, notes OF the testimony
ntthipp, In comparison With the positive lions
Of viisrsses, as t. his Identification and conduct
The prsoner Matthews 10 charged tho testimony Of
p,lic.msn Dufy.s, who states that he saw uatthews
with . number OF persons near him The policeman
ATTENTION vss fret drawn To- him ss he the act
q ihrowipe tomethipg towards the building He thea
ocred Do sn Tor smother stone but before he stopped
the polics told him 10 az or he would be ar
r"itd lie then moved ahttle assay. but stopped 20
pick mp another stone; he picked Il up; be had the
sore IN his hard in the act OF thfo~ng when no
arrested by the witncs. The stone was about tn.
tirs 81 goosc egg He held on the stone until he got
irsids Of he house What can be- more distinct aud
IN. qnivocrl than this .visepcei The prisoner Hos
tech is charged on the tesimsuy OF policeman Pitcher
Who tettines that he him throw ttons., that the
prisoner stood on the sidewalk Hossack appears TO
have been very violent lie threw the mill
tsty Aft.r they fired the nrst time h. can. across
the street In Aston Place about six feet ahead OF the
wines ~ho ssv him pick up . stone. He threw
st. ne the witness mad. for him TO catch him sve sx
got between the witness and Hnsssck and said should
not tahe him This gave the prisoner opportunity
to throw . second stone A soon he thre~ the
second stone the witness arrested him. Both stones
were thro-n ct the military. At the time witness
Hotesck throw ttcpes citizens and military
Knocked deem by the missiles that we're throsn The
wtbets states b. identhed Hossssk the police office
At J'n ersop market. ~ben he made his sfdavit and
ALTO to.ninsd him her. In court At the opening Of the
trial. WHEN he was arrested, the crosd cried out,
"Dcnt let the id son 81 Abb take him rhis
prisoner, certainly has exhibited d.termi nation to
Ie,oit TO the very stt extremity you but
be ssisted that his guilt u proved question
The prisoner Adrishce must be convicted the ert
d.Bcs 81 policeman BirdsaiI. Who has proved that be
saw Adtisnc. ebdesvor TO rescue prisoner Who had
been arrested BY officer In Aston place between the
main door Of The Opera House and Lsfssyetts place
All ciiec out, Don't let them take him" Adrisocs
tsd. " y Gu IONS 81 b--s" aud raised his hand. "
ersbtsd IT," Gays the witness AS stone few out OF
hts hand, aud struck the ohccr on the back Of the