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

that the early part of the evening he o.
TO Keep me opening the thestrs clear IT, kssp the
prtRops were made Of in the crowd to the effect
hit the stars referring TO the policemen. Who
distinguished ny that badge o! Office he PEELED
TO brlDg up reserve @: policsmen stationed in the
vicinity ana they arrived just in time to prevent the
mooIorchg an enhance INTO the theatre they had al
ready burst the panels out Of the door under his dreo
ton body Of policemen after the arrival the mill
tary attempted TO clear the street; it fsilurs the
small body OF cavalry and infantry asaed with
stones grcsus and hisses then the mob came more
rotoos; the glasses Of the Opera House broken;
the lamps broken and the cry heard put out
the lights" from the mob. He sustaius the state
OF the Recorder in relation to the magistrate eutre
the mob retire in relation to the OF
foiIouinR his advice to the military aud police
men being wounded before any order given to
that the first fire appeared to have effect tho
m'o The mob filed up all the space from Broadway
to Lafayette Place 1t sxcrsd was noisy-tu
multuous- shouting and hailooiug; and, in reply 10
have been qured by any human forcs without the aid
OF the military The Testimony Of Captain Tiiley Of
the 18th district states that after srrstng prisoner
from Aston Place be went into the theatre and there
found the Sheriff the Recorder and the Chief OF Police
hst standing speaking with them, the back door Of
the theatre WAS smashed In on sth street, stone
lsrRe as his head in through the panel susshug
tn his express ion. the door An Intense
WAS s@Ps on IN sth hallsons shouting cheer
smashing In With stones and with their feet Then it
was that he appealsd to the Chief Of Police Are
going to stand here and let them to u.s." He
rushed out with body Of men 1t then he cleared
the street with the exception Of Judsons party aud
which was engaged in throwing stones at the the
atre and when any arrest was made, cried out
Rescue him !" F" Rescue him" Can any one doubt
that the scene which has been depicted comes
within the definition Of riot Has it not all
the elements of riot, as given by the legal autho-
rites? To the Court you lust refer for the law on
this point and according to your oaths IS you are
bound to take the evidence Of the facts from the
nesses on the stand you bound to take the evil
denrs OF the law from the Court Assuming that the
Court will with the in their view Of
the Law thatthe evidence establishes riot then every
uragtd OF promoted It. by words gestures or other
sets: are principals 1t is not necessary, Is have
lepce Being armed with offensive weapons. or max.
Ing use Of threatening or turbulent gestures, or
any act Of assistance or encouragement, is sui.
mcient to make him principal. Briefly, will
endsaver to call your recollection to the evidence
in each case have condensed the testimony, and
hope to saisfy your minds, hey reasonable doubt
OF the propriety of the conviction Of every prisoner
now on his trial. ! want your patient attention
Prisoners aasp as TS t. snss:
licemsn Davis, Smith, Hogan, Fraacis Bennett and,
ducsd BY the defendant himself. Tilley swesrs
that . be vas going round to recognise the rioters he
men and prsoDer T Tn Srosd ysuns
standing In the street Judson the side ~slk with
his hands behind him could Of these young
men," Gays Tiey. Ego from the crowd and talk with
Judson." Captain Tllsy then pointed out Bennett,
sitting on Judsons left IN this room, as the young
He further stated that he covered his star and
placed himself near Judson so that he might hear
what Judsop had to say Judson entered into CON
verssen with young man In front of him. aud Ben
nett on HE left He heard Judson say distinctly,
that It was shame Americans should be served so
He heard the young man who came from the party in
the street a. he turned from Judson, ray Now boys
for shower" This party numbered from twenty 1--we
to thirty who seemed to act together. A shower OF
stones came from them after the stones thrown
the young man with whom he had communities
uon. (upquestionably Bennett, as ! will show you,)
came up to BIN talked with him put his hand on his
Shoulder and they walked to the sidewalk together.
Captain Tey further adds that several persons had
been srreat.d and rescued previous to the con-
Policeman Davis testnes be Bennett in the crowd
with star uplifted above his head crying" Victory
tms In DAVIS ,U, s thrown AL to:
we'll: he arrested him Policeman Smith arrested
Bennett with Days; Davis called his attention to Gen.
shaking something his head; he was immediately
heard by him to shout Victory victory % He seized
by Smith he was in the middle OF the street aud
not many persons between Smith and Bennett In
ply 10 juror. he stated he positive that Bennett
was TIE man be tack the star from he had no doubt
that he ~sa the same man who was waviog the star;
he identified him the next morning. Policeman Hogan
ALEC identifies .nuett after hing Iudsoo a, tns
master spirit of the mob on Eighth street-or as he
termed him. the focus around which the mob gathered
be stated that Bennett on his left side he cannot
be mistaken; he knows his scowi and Is he
Judsop and Bennett talking together. MIR McLhesney
states he saw Judson whisper to one Of the leading
rioters who would then go of Who could that
be but Bennett, the prisoner, according to the
testimony OF Captain 1illeyi But have STILL
10 adoitiOn the testimony OF Francis Bennett whose
Lsne has prsduced more confusion here He identities
Bennett as the man who was converting with Judsen,
cenying mes ages to the rioters, and the person
Who informed Judson that the captain of the 18TH
ward. Tiey, was watchdog Judson. This was undoubt.
edly the man whom rley referred to In his testimony
wb.n he said. After the man com On upios ted with
Judson he vent back TO the party In the street and
tp vocy OF stones went against the theatre break
Ing The windows Then some Of the party clnch.
90 by The officers and that was succeeded by cry OF
Let go Of HIM rescue him; rescue him - This was
the struggle I'm which BeDDst; obtained the star, aud
bath admit he had the and one Of them adj
mite b. say III. star In his hand with his raised
about as n biz head You have observed how
car fnl he ias'd his hand not to raise II above
his head What conclusion can you drar but that
b'pp,tt vas In the not active In support Of it, dsor
DERBY tspdtpcies-the aid and supporter Of Judson
The apparent inconsst.n cies OF the testimony are
rtthnR, In comparison with the positive assc lions
Of witnesses, as T. his Identification and conduct
1be prisoner Matthews 10 charged tho testimony OF
polic.msn Dutyss, who states that he Jaw Ma,thews
with number OF persons nesr him The pocsmsns
ATTENTION vas first drawn to him ne he In the act
81 throwing something towards the building lie Thea
ftocped Tor another stone but before he stopped
re,isd lie then moved little ssay. but stopped 10
pick mp another .toDe; he picked II up; he had the
stose bis hard In the act OF thro~ing when he
arrested by the witnes. The stone was about the
tiKe 81 gooec Egg He held on the stone until he got
insids Of the house What can be- distinct aud
ub.qnivocsl than this svidencei The prisoner Hos
tech charged on the testmspy Of policeman Pitcher
Who testines that he him throw stonss that the
prisoner stood on the sidewalk Hossack appears to
tsry After they hrvd the FIRST time, he came across
thu street In Astor Place about six feet ahead Of the
wiinets ~ho cav him pick up o stone He threw
St the witness made for him TO catch him Eve sir
got between the witness and Hnssck and said should
net tale him This gave ths prisoner opportunity
to throw q second stone. Az soon IS he thre y the
second stone. the witness arrested him Both stones
were thro~n at the military At the time witness sac
Hosssck throw stones citizens and military we're
knocked de~n by the missiles that throsn The
wnsts states he Identified Hossssk at the police office
at J,nsftop market When he made his sfidavit. and
also 10. nin.d him here In court at the opening Of the
Trial, Wh.n he was arrested, the croud cried out,
Dent let the id son 81 b-b take him rbis
prisoner, certainly. has exhibited determination to
Ietoit TO the very stt extremity aud you canuot but
be ssfed that his guilt I. proved hey ond question
The prisop.r Adrshce must be convicted ON the svi
deDce 81 policeman Brdsnil Who has proved that be
saw Adfisnce ebdtsvor to rescue prisoner Who had
been arrested BY an officer In Astor place between the
main door u The Opera House ana Lafsfsyetts place
All cried out, Don't let them take him I" Adraoce
tsid. " Gu IONS Of b--s." aud raised his hand.
grabbed IT." says the witness, 'as stone few out OF
bis hand. and struck the offcer the back Of the
psck. held on to Adriance. aud did not let 20 "