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


aiso he'~.en testimony which Ia posi-, Sve aud that
which IL purely negative witness Who srsars that
who present decla@ hat they did v~t see 1t,
unless heir proximity their and their 0pportu
nifty for observation are such a~ 10 render it i'm 'osos
II vt IL could have trauspred without their Wvny
IL great portion Of this has bs~n occuoi I'd In
testimony tn the exact period ofne ut which part cu
lar events occurred. ana uch ma de
by counsel upon the Inconsistency of witnesses Wit
each other In this respect Th, Is MISTER which 10
entitled TO hut little consideration; for nothing L.
neray unsatisfactory In the course Of Judicial In
Yestgstion as the attempt FIX 81 deeting thing
time Unless the attention Of q witness Is called to
the exact period Of time when the event o
unless M Is enabled TO estimate, from siven po'at,
the period at which q subspanent event ocou cred,
little value Is to bs attached to the effort Of his
memory. We take ccgDizsucs OF the great divisions
day snd may aay whether an event occrrrsi in
the morning At noon. or in the evening; but whea
q witness undertakes TO swear positively from mere
memory to tn. fractions OF hours or to uinnf.s vs
may well distrust his testimony and doubt his sin
certify. fany gentleman OF the Jury called upon
at this moment to FAY &C What time Of the day the
examination Of any particular witaess was beruu.
during the trial Of this cause, no would dud /. i'm
possible perhaps, to answer; and we're the twelve
jurors to exchange their views respecting It, very
great diversity Of opinion would be- discovered This
difficulty Is, Of course increased where parties arc
present at scene OF great public excitement wh-ro
events are rapidly transpripg. aud where confusion
prevails We now approach gentlemen. the true sub
lew plain aud fraught with intrinsic dificu ty
You are simply 70 say. when advised BY thu Court
TO the law whether riot occurred tho night ~ the
10th Of Nay. and whether thu defendants parcirass
In IT The right o the p-ope peacefully to asssube
~
vse nature is of those Fundamental rights SECURED
by the constitution itself sud the privilege 81 snimad
@ na%au sn or. saS psh.t
This Is plainly distioguishxbls. however. from
persons property To resist the execution of the
laws. to disturb public order, for the perpe
tiston OF acts inspiring public terror or alarm Any
disturbance of public order by force bcrAoh Of tho
place ANY tnmuituous sssembiags Of three or more
p-rsoDs brought together for legal constitutional
object deporting themselves ia such maaosr a. to
danger the public and excite and xlarm In
rational aud arm minded persons is unis ~fut. aud
whenever three more persons, in tumultuous
force violence in the execution of de-
sign wherein the Law does not allow tue of force,
they guilty OF a riot riot be defined to bs
tunuuoUs disturbance of the public peace by three
ar more persons assembled together OF their
thority mutually assisting each other agains. all who
oppose them. and engaged ia executing some design
In violent and turbulent manner, to the terror
and alarm OF bystanders or the nsighborhood.
The offences oompr.heudsd within this general
definition constitute three kinds Of offences an
law ass.mby i: where IN. parties eo%. toss.S.r
with the intent before stated rout s where they move
forward to the execution OF their design, and the
lrncs to execute their design DistDguishsbls from
either Of these offences Is the offence which IL denoni
mated Cd ARRAY An ARRAY IL wnen persons coms to
geber without premedi'a t~d design to disturb the
pence, and suddenly break out into quarrel among
by being Of private Certain ingredients
are i.sted upon by the council for the accused 40
entering into the composition Of the offence OF riot
IL Is difficult to aud M with the urats-
meas Of definition the precise boundaries which ssPa-
ten pt to disturb or subv.re public order sisted
upon by the counsel that to constitute the ofsuos OF
,, 'ne psnss mus. % snssssa "a the s ,.
The purpose Is private when Ia to be distinguished
from srmea attempt to overtime" and subssrs the
msjorty OF the people have decrsed certsis form OF
gossInmen', portion of them minority attempt to
overthrow II by force IL IL, moreover insisted that
there must be concert 81 action This Is also true;
but the copcrrt Of action ssist IN the sxecuton
OF the set not necessary That tss parties should
deliberate before band that they should Interchange
views with escn other before commencing tbs sxecu-
up oitnc design In this case there isahnodsnt evil
dtnce from which we may infer such concert Of 40
uon In IN. ampt OF the persons present TO forcsther
way into the thu atre In the combined action OF taose
the EAST END OF .hs building who we're engaged Ia res
cunB 'ne "nenoers from the ouicers, anu prrvonung
their making rallied to the resisancs of
the police under the cognonsn of short boys" rhsre
concert OF action among the crowd OF person. who
we're engaged 10 as,Ilps the ouhdiok gu tna r,shtn
street Hdr unje guidance ana direction 81 the dvfrn-
ehnt 'uooh. ~ Is ,nsrFu oy tue counsei .nse mere
Is no e.lu.hcs "a .ne case OF common dss'gn' 10
oonstute the ouence OF not IL Us dsciarrd o. SIR
WIN Bi2csstons mat riot may exist either with OF
whh'ut oomm'n design have embraced
common s'sxp, however, IN tns urnnltiIn l htve
given you. although might with safety have rested
upon the definition Oh blackstone, whose luminous
mind quick perception aud ready power OF anaiy-is,
enabled him. In almost every instances to subject the
matter vpon which be treated To definitions 80 exact
ard perfect as 70 serve tn. purpose OF all future time
But there is abundant evidence OF common design
which was unlawiu-tbe attempt TO ru~n into tns
theatre combustion OF large number OF individuals
10 njnre the building who were engaged 10 sssangit
with stones breaking the vi ndows aod forcing Ia tue
doors the proposition 90 enter the badips Win lad
ders from The rear the ladders being ready aud pre-
pared Tor that purpoe- aud drive out tho,s Who
inside, and who bad lawful right t. remain there;
tho propos'n TO Great" cooius'on aud tumult inride,
by raising the OF IRE the proposition III tbs d-.u
dpt Judroo TO get together lot Of shaving aud Ore
them. either with the view u destroying the
building or Of giving color 90 the cry OF IRE.
IL would, perhaps, scarcely bs SAT, to iufsr
from this branch OF the evidence, that tho
dsbolical Intention existed on the part OF that de-
or tbo,e acting With him to mrs the oddius
CROW drd With human beings Suchan iutenttOu would