The New York herald., 1850-01-19
THE AsToR PLACE RIOTS.


ING RIOT.
JAN. ls Mr.. Graham inquired Of the District At
torney he intended to send the case OF Miner to the
The District Attorney said he would be willing to
he thought however, there evidence against him,
he being the proprietor Of the house Park Row.
shGs' ssS @ h .na S sns s
Jusgs-ws are of opiAiOn that Miner ought to be
The jury then, under direction of the Court, found
Miner not guilty
Jueee-Are you prepared to 20 on, gentlemen, with
fhe summing up?
Mir Van Bursn-Yes, your Honor, unless the prose-
cution disposed to adopt the same with
epeot to the other defendants. (Lsughter)
The District Attorney, then. in compliance with the
request of MIR Van surep cited the authorities upon
which be depended for the sustaipment of the indct
nent against Rynders and D Donnel, viz.
!. 10 sustain the doctrine that whatever tends to
affect the person properly Of another or to disturb
puelic order -BaIbonrs Criminal Treatise, 2os, aud
Ntarton's Criminal Law
II That to incte to riot IL indictabe, and prece-
dent for such indictment las the District Attorney
stated the precedent used for the present case Is to be
found in Chitty's Criminal Law 500.
III That IL the Jury believe that the handblls pub
Iisbed by defendants were calculated to produce q
=iotous blage, there was such connection be-
that The jury should convict 32 State Trials, 1856.
Nv That the right OF an audience in theatre does
net imply right To create tumut. does it imply
he right TO continue their dsap probation in such
manner as TO prevent majority from Witnessing the
performances, II they desire to do IL any body Of
go theatre with the settled purpose OF Kissing
actor, or even Of damniDg piece such deliberate
and precopcerted scheme Is pdictable IL people en-
esvor to effect an object by tunut aud disorder they
guilty Of riot. Council cited Mans deds opinion
In the of Clifford vs.. Brandon, Campbell Re-
ports, 1858.
v. To the doctrine advanced by the defence,
that the refusal TO admit having tickets caused
rd justified the riot he cited tse the People "
Sim ons n tported in City Hall Recorder, 80 In that
care 1t appears Simons coored gentleman purchased
tickst for public ball in this city. that he
fused sdIn ittarce and such refusal assaulted the
proprietor 1he following prncipies were ruled by the
court person who purchased ticket for public
ball kept by dancing master, bas right to assault
the master sheuld hesrefue admittaDctsnto the ball
room {" 1t seems in such case, by the purchase Of
ticket the holder acquires right Of action, mere
", sgainst rsuch master for refusing sdmttance.
-"ihough in law free men Of color have equal rights
get among white men in general, in this commu uty,
there IL an honest prejudice against further asso-
citation connection with such Of color than Is
requisite in tranfacting business"
MIR John Van Buren, then to address the jury
for the defendants. He said- Gentlemen, we have
reached that stage Of the proceedings when IL will be-
necessary for to address In defence Of
clients the two Defendants Isaiah ynders and Thomas
O'Donnell and wish to remind you, If 1t will be me-
cesray to remind you, that you are to and your ver
diet strictly according to the evidence in the
which has been laid before One OF the defendants
now on trial before you Is man publicly known who
that account has made no doubt, many enemies
IL may probably be that some such are now on the
Jury. box-but, gentlemen, 1t belongs to you to lay
aside all prejudices and to try the sccordiug to
the indictment; and look with conhdsncs to you
dependent and unbiased citizens for scquittal
would wish YOU to reflect for moment upon tse oo-
currences which led to the matters now before you.
An actor from foreign counry arrived In tais ooun-
try he Immediately appeals TO this country for It's
Judgment in his favor-h he provokes q reply from
another actor and majority " the people decline to
hear him In this state OF things, some citizens in.
duced BY Kindness other motives, which shall not
intimate desired him to act and promised to aid and
sustain him. The police was called out TO sustain
mhs %sIy ,ns Gy asrs Of ianoosp oos 70 ssr.on.
sacrificed to sustain him. Unquestionsby speak
what s the general ssnse Of the community when as
the position that all this great rscrhce made
inadequate cause. This great destruction OF
che lives Of the citizens By the public authoritie.
called mp for inquiry and investsstion and
when this was called Tor, unfortunately for us, the
public authorities stood in q position the same ss
others who had gene to the Opera House on the
10th Of May, ss friendly uufisndly; aud We have
been arraigned here not for the destruction OF
n,s which then took psesno' 70, the 6iotnos i1r
call your attention TO the nature OF these proceednss
IL is indictment for melting to not on the 10Th OF
May, and it alleges that riot did take pace. But
10 We ous teen tried for riot For all things
which be urged In the charge tending to con,ttute
q riot thal refer to authority TO show that IL 1t 10
felony all accessories before the fact principals and
II it 10 misdemeanor, all are principals In misde-
meanor The authorities which sh that ell prin
cpals In misdemeanor to whish shall at preseotre-
fer, are-The People vs. Erwin, and ldem vs. Ward Sd
Hill 800. This was an Indictment Ter keeping disor
derly house. the evidence that the defendant
only let the house. and II ruled that he there
fore principal The People vs. Cumber, johnson,
Coven 5s3. This indictment for conspiracy TO
cheat In which u decided that all the parts of
crime absorb the greater crme an executed
enence cannot be divided Into parts and minor oeuces
but II the offence s not executed thea Indictment
lies tor melting to the execution shall not detatn
you, gentlemsn except by one mere reference 70 an
Hil 13s the Pee pie Booth In which IL held that
melting TO commit an onence Ia only an ATTEMPT
to commit en- offence II was also held that ths At
tempt to commit offence is merged in and be-
comes one with the offence when committed, which
then cannot be divided into two offences aud convict
. PARTY Transaction. In support hereof. Mr..
Van Buren read the statute directly 10 point. Unless
grossly nisapprshend this indictment it viii be the
duty q the .oSrt to ossISc. IN. jury ,s, - o.
to have been tried at all 10 have been indicted for the
not itsef and Mr. Rynd.r though not present ~ the
Opera House the night Of the 10th yet II guilty OF
inotng TO riot the eye of the s~ guilty Of the
riot, and committed one q, much ss ~ h. had been
and absttpg makes the sbetter rioter There !. no
count In the indictment of conspiracy, according
to the statute while the District Attorney has been
hunting o all about for evidence Il IL TO be regretted
he has net kept the Of the Revised Statutes uhsh
have simed At putting dosn these constrnetye crimes
and their whole ain has been 60 ALLOW the peacesbie
bling OF citizens for the resstsuce OF oppression
All this led to the Inference that the Lesila,nre
wished that man should know when and nov Tar ne
80 guilty though he may Be passive the ast that he
might know what is constructive crime and What is
bot-rfdt I'd Revised Statutes Tel sec ~. All thii
was laid down fer the protection of citizens and to
prevent indictments like this. This indictment does
not answes 70 M. as sss' ~ ,nsp. s.s
been . con,pirscy laid 10 was merged IN tns
posterior crime and portion 81 the executed
indicted for the whole offence and not part Having
thus xpressed to the Court shat think Ia relation to
dence which has been presented Z, ,usain this ndct
rpsnt s laid which says "or melting riot the 10th
Mayn II isa general Indictment without saving what
for we ere ON trial what is this indictment fer A
riot on the 10Th May This brings me TO inquire what
are the rights Of persons who go 70 tn.s'rs go
the Law have they gone TO what the la~ sutho-
tires them assume that What the proprietors CON
trscted With the public is this They invite the pub
lie 20 to their theatre not A OF TO sustain Ar
Macrsady, not persons Who 60 In at back door nor
fahting men vho no 10 sustain him. but ! mean the
people Who 20 there orderly people Who their hfty
cents and - many ~ the house can hoid. frsu tne
cells his tickets and the second condition
i the people invited to judge not to sustain an
sctor Acting not cenoedsdy useful art protected
by the ,a~. but u IL n mode or fshon which depends
for is existence upon the qualification OF the public In
an upresttained vay That such IL the rule
appears 10 to be clear, that no reference
to autberity could make ~ plsiner II has been
done from tifae immsmorial, aud not merely IN
references to the actor and his performance
but In respect 20 his private conduct actor on OF
the stsge. IL does not stop here; 10 extends to ths
people who are In the theatre and to their condoc
there bissing out any who sits as others do moi
like, csllng'nim rrolope; kissing Who its where
he sheuld not; hissng pub bile Who is not liked