The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-20

Court OF Oyer and Termlner.
eforo Judge Edmonds and Aldermen Franklin and


Court OF Oyer and Terminer.
Before Judge Edmonds and Aldermen Franklin and
Concklin.
nths opening Of the court yestsrdsy, the tstn the
proceeded 10 deliver his charge to the jury.
THE JUDGES CHARGE.
Judge Edmopds-The first duty which nov devolves
upon the Court is explicitly to lay before the jury the
true issue which they are TO pvss; and this 10
case involves many facts, the acts Of many persons
and almost necessarily involves several collateral Is
to tss ssS OF
jury from the true point on which they are to pass.
The case does not involve the question hew far the
requenters Of the theatre have right to applaud
condemn performer; ter there Is evidence before
that on the night in question there any dis
turbapce ipside the theatre The riot entirely on
the outside according to the evidence before and
by that evidence the and jury are alone to be
governed, and that any manner involve the
right Of those who In the theatre spectators of
The performances Nor does this involve the ques
ton whether these defendants guilty of eonspi
racy to drive actor from the stagefor tn Is
now the charge Of this Indictment and the defendants
cannot be put upon trial even indirectly, for such
offence, and for the best Of all reAsons-thst judg
ment which might be pronounced on that question
could prevent their being tried and convicted second
Time iof the ssms offence Ihere Is stu third cola
therefore, to consider. and that is whether the
toward event Of calling out and using the military
power not ustihable. The riot had occurred
before that event. aud all testimony in regard to the
propriely Of that line of conduct has been strictly
cluoed by the court IL that exclusion wrsng the
parties have their remedy elsewhere But in
quence of that exclusion, you cannot consider that
question without not only violating she law but run
hing the hazard of doing very great by pass
ing where the whole evidence is not before
you You must, therefore dismiss that topic entirely
from your confederation. The only question which
you coHsider- the only issue which you can try
Is whether these defendants are guilty Of the Of
fence Of melting to the which actually did occur
ON the night Of the tenth OF May; and to that issue
you will necessarily confHe your attention. riot is
disturbance OF the three persons
more, assembling together OF their own authority
with intent mutually to assist each o.her in ex.
same In violent and turbulent manner to the terror
Of the people And these defen dants indicted
exciting aud encouraging to such an offence The in
dictment contains two the defend.
ants with having Dcitsd to the riot which did occur
and the ether charging thsm with melting to a riot
genei ally the l0tn of May. Upon the first count
the attention must, from the very language Of the
count be confined solely To the riot which occurred
outside the theatre Upon the second count the de-
fendsnts may be convicted of on that eve
ming which did not occur but there is proof Ia
the that any riot was or aimed at by
any one other than that which actually did occur ami
as the case has been conducted throughout on both
sdes solely with to the riot which did occur the
question recurs upon this as upon the first count and
thus upon the whole indie ment, whether the defend
ants guilty Of inciting TO the riot which tualy
did that night In determining this question,
it was not necessary that jury should be satisfied
that the defendants their acts the incit-
eanss 81 ,has ns ,hs ae.snS os snsy .ha
and did any overt act tosards &c ttng up This la
men,sbe disturbance Of the public order is not justly
20 be sscribed to any single cause 1t had its origin In
variety Of causes national feeling excited be-
tween Americans and Engshnen producing in macy
minds undue excitement, aud leading, as the Jury
will rscollsct many Of the yonng OF the city with
out preconcert organization TO resort for
time to this theatre with their prejudices infamsd
and aboripg under mistaken notion that the Of
their country was involved warm attachment of
some OF the people towards favorits actor
ed into actien by the impression that he had
been unjustly dealt by, ana the excitement thus
produced was fom.bted and kept alive By the
the parties engaged in this inconsidersbls contro-
very; the cossn between their respective psrtizaus
ns Of ., o s on sns Sns ana
desire both fss to renew the contest; the inhaa
mstory nAudbils which circulated between Monday
and Thursday, appealing In most fragrant manner to
the preudices OF people Of different nations acoompa-
MED BY the card, which looked to many like direct
to renew the hght the grstuitous dlstribu
ton Of tickets sdmissioD Thursday, showing Is
IL did strife bstween the two parties which should
succeed In packing the house with its friends the re-
pulsion OF from the sntrsncs, while others
easily sdmittsd-thus adding to other feelings the i'm
yression With some that they had been purposely de-
frsuded their oney the afa tory aud i'll judged
articles which appeared In the newspapers calculated
they to keep alive not 10 augment the excite
lousy between CLASSES OF our own people so df
that al ard which ought TO be
sss.m.n: .nS sSov. all the snosisdse easd
was through all glasses Of the community that
tbs military arm was TO be invoked, followed up
nv the actusl appearance Of armed force
amid the people thus exasperstpg the people already
aroused TO action all these operated together
60 produce the disturbance Of the peace for incns to
cessary their conviction that they should be held
respon.ibe for Al, or even msJe1ity q these causes
public mind, they have sought by any overt act, TO
take advantage oil to the incitemen, OF the people or
any portion OF them TO riotous disturbance of the
public peace, IN violent and turbulent manner, and
10 the terror CT the public soch Is the precise and
only question which the jury are to pass The
Judge here proceeded % and
the facte of the IS presents by
ons 81 sns 70
q moments attention. IL arises out OF the statute
which eurcts that psrscn shall be convcted Of an
attempt TO commit any oisnce when u shall appear
th at the odence attempted perpetrsted by such
ysrson In pursuance Of such attempt Under this
statute this defence will be available you are salts
sd that the defendants sctusly engaged Ia the
psrperaon Of the riot that they could be convict
Cd thereof 70. IN ,asa o..' ,as 80 en,, woua
swallowed up and msrged In the offence sctdsiy per-
petrased But the other hsnd, " you are sstsasd
hat they were present ans did not actually pst
vipats in the psrpetr.tcn cf the riot they may be
convicted Of melting to n, although IL was alter
vards perpetrsted BY others than them. This case
A ore which has excited great interest In the
vublic nind-in which the passions, prejudices aud
7selipgs OF men have been ENLISTED % r,sn .nsrss ,n
An Of any such feelings preJudces 10 operate
In tbejury boz DO not doubt, fm the pa,i,nt s,ten-
sion with vAich you have oosed this case throughout
shst ycu viii bring bear upon IL judgment clssr
Am partial. aud unbiased. II You Sud any feelings
upop your msds derived from csmor or prejudce ost-
.Se dismiss them from your minds In your dsisera-
Siops Your duty TO yourselves your ovn consciencss
ys1t, s'sS.y IN. s' ss ySs
that you viii discharge your duty fssrs'sy ON this
occssicn -,
The jury retired about twenty minutes after elcven
O'clock and ct half past entered With their YER
,i,ct Ibe Iuds. ordered the officers to take their
ctaous through the auditory and 10 bring before the
Court airy person Who shoud 20 ns,u,o W.
dscsrum BY such manifestations ss had been exno'sd
yesterday.
THE VERDICT
The pames of the jury we're tosn called over ~ the
eierk AID on being ssksd their verdict, the fs
lzasn saa, Not guilty"
Superior Court.
Before justices Oakley and Paine.
Jas. IL Henry Deoz rs. Jamss Laksy 81 dap
disnisssd with flO costa.