The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-17

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audience which was calculated to excite and innsms
the public mind Counsel then referred 60 he card,
hish station, who sympathizsd with Mr.. Mscresdy,
and Who entertained high opinion his genius and to
cay that Mr. Maorssdy was not man Of genius would
that these defendants were not the Of ins
gators to this ~rctement but that IL from the
publication Of the differences between Mr. Maorsady
Eugene Casserly resident Of this city and an at
torney at law; knows isaiah for the last four
or 6ve years. at the Astor Place Opera House the
night Of the fret riot got there before the curtain
and Capt Ry nders sitting beside him In the
second tier Of boxes far witness saw his conduct
vas perfectly quiet and pssce:se was not present at
the dinculty between him and Mr. Fuller saw Ryn-
ders at the psIs House on the night Of the 10th
bis conduct was usual that OF . remarkably quiet
nsp cid not see him take the slightest part any
disturbance that night; did not o. Donne there
the night Of the 10th.
Cross exsmiD-d-It is possible that Mr. Ryuders
might have LETT the seat aud gone down stars without
his knowing 1t witness in favor of Mr. Maorsaay
being heard does not Iecolect how far the perform.
witches scene The District Attorney-It isvsry like
y 1t got just as far IS bubble bubble, toll aud trou
blew witness-Saw Tom Mcguire aud O'Donnell on
the night Of the eth May there WAS casual collection
OF persons In Broadway on the night Of the lsth,
speshpg Of the occurresce that had just taken place.
Ry nders Was amongst them Is pretty certain O'Dsn-
nell vas not; IL was close by the Hos pta they
discussing the number Of people that brought in
there, ana the manner In which they BY their
death the hour was somewhat past midnight.
Ulysses ID. French lex judge)-Is attorney at Law;
knows Rynders; was at the Opera House the 7th
May. when the difnculty occurred between Rynders
and Fuller witnsss, when entering the psrquette,
heard the noise Of blow . slap, and q person
whom he subsequently learned to be Mr. Fuller with
his hand to his face; saw Mr. Rynders at his back;
has ipsultrd and have slapped his face him."
Fuller heard this, and did not say anything there
prosne language used that witness heard persons
gathered round and Mr.. Fuller went away, but Mr..
Ry Iders remained heard nothing further between
them; asked Mr.. Rynd.rs what the affair wa. about,
and be explained he said Fuller asked hin il he
the leader OF this gang words to that effect
Cross examined Did not Near any Of the wrangling
knew the doctor by sight; does not know If he the
gentlemen who took Ar Fuller away; cannot say that
ray whether II he had rsc.ivsd blow which stunned
him he could hear very distinctly Mr.. Macready
was mphstcay driven from the stage in the fourth
act by the conduct Of the audience; when MIR Mac
ready the stage there great noise, Kissing
and sPpau.e when he was not on the stage the house
was perfectly quiet the appreciation and di'approba
The Court took recess for an hour. On re- assem-
bling, the examination for the defence resumed.
John 4. Devsiine examined BY MIR Van Buren, lisa
lawyer; knows the defendants, Ryndsrs, O'Donn.ll,
and Miner; knows Mr.. kynders BY sight for /. long
time knows him personally about four years knows
Miner two ysars and MIR ODonnsl twoior three years.
At the Astor Place Theatre the 10th May; was
iptide and outside; met Mr.. Miner on his up, be-
fore the hour which the performance advertised
to commences; Mr. Eugene Casserly Was with witness,
and they Joined Miner on their way up.
The Judge There Is nothing to show anything but
that MIR Miners conduct at the Opsrs was unexcep-
tionsble There 10 nothing to implcate him there
MIR. Van Buren-Then l should have thought he
would have been acquitted.
Judge-Ths prosecution 60 upon his connection with
Mr. Van Buren-If It is necessary to defend him for
owning house We win DO SO The court win see what
want to prove, and ie win not occupy long.
Judge wish TO shorten this % much o. possible
hits TO tahs things on trust
witness asIiia soSsIinU.a--nypa.r. did no. create any
we've paradpg hs said It would be shame II any
American blood should he shed - that remark was
made In answer to ob.ervstion Of mine In which
ssd IL was something like bringing out the troops In
Vienna.
Q-Did You zee Q card In the newspapers signed BY
some gentlemen, inviting Mr.. Macready to play
The District Attorney objected to the question: IL
could OF be that the prisoners could defend
by the misconduct Of other parties II the Court ad
nit this evidence then admit evidence of ths
conduct Of the authorities Mayor ana the polise
then the conduct Of the military. Even this witness
puts forth his opinion that the ocer commanding the
troop. committed error In ordering the military to
Assem- BILE at the time referred to- Where Is the
minsiion end The question 10, not whether other
parties committed wrong but whether the parties on
subnitted on the part Of the prosecution thst they
failed show that the defendants not i'm pcated
in produeing the pac.rd' the case wa. ss an end the
but they attempt 70 Offer ~ defence that other parties
also joined In sct which we're calculated to assist In
creating the riot IL Is In the shape Of Justification.
supposs other parties got up similar pacards that
any Qualification for th.se def.ndantsi Can they ex
sS,i,,e $ is to ;. sS"ss " msa % come. S her. rom
any other quarter OF the globe and opens In business
that who may fancy he Is enoroaching upon then
shai get up piseards and. ss high born citizens of
America call upon their fellow countrymen to put him
down, We would then, indeed, be ruled not By the
projecting laws made by the people but BY mob Law
The Judge ruled tbs question admissible; aud the
volume Of the Herald containing the file Of May. ls4S
Witness eoptinusd-Rssd the card in the Herald on
the morning Of the 9th May saw in two other papers,
IL publicly spoken Of heard discussions all round
town about this card ON the 9th and 10th; think
had q sonveratiou also with you (Nr Van Bsren)
Mr.. Van Bur.n- dopr know when I sessed to be
Counsel Tor pro.scution-w when you Joined the new
QCwbat va. the effect Of this card with respect to
drswipg attraction TO the theatrsi Al don't know
spy one Who was taken there becsuss that card vas
publsb.d but from the publication of the card aud
The aicuson about e. II had the effect ef taking ms
there ss much as anything else vent there eessa.s
supposed there would be row, and wanted 70 see
(sugbter) the actual ply ysioal violence commsscs<
BY throwing stones; mr Miner. Mr.: Caseriy and my
,sf we're aud rushed back, to get out OF
~sy stones; the doors closed and they
ssid the house full; win-es asked them What ths
osvil wss the hey sold more tickets than the
bouse would hod the stones from the people be-
tween the theatre and Lafayette Place does not knoS
-hs,hsr tb.y -sr. boys or men sinss 1,ons. yrs
throvp which smashed the lamp; brickbsts ~ers also
thrown. witness vas inside when the military came
when he got In there vas plenty Of room got sssst
.ssiy; did not zee any damage done to the houseto
the stope vorh Of the bouse-but heard the Windows
there bad b..s evidently an sttsmpt to break op. the
big door; be could II shake with the cro~d csnnet
tell ~b.ther that violence arose from an ehor 70 se'
4
| Gross examined by District Attorney-W"s mem
Der Of the Legislature In 40 and AZ that " vn"se
got taste for srows;' made arrangement Win hr
Cssetiy Go no to the theatre; Mr Csssery vas CorPo
ration Attorney; has seep asd BEEN with MT Wnaers
very frequ. ptly knows Bill Miner; drops IN occaon
ally to ~ Parh TO get ssgsr; knows O'Oonnrhi
Nor. tase'ly bought the tickets for himself Ana ms !"
| the Astor Houte .,.,,
The Di.tnct attorney proposed TO show thst Winners
house the h.sd quarters of pugsn 10 ths ooh'ro
vsrsy between Hyer and sulivsn thsth "a, n tns re-
sort a men known proiesssd pusiistsi toM ~ Don
nell 10 pruf.ss.d pugiist gives sparrins ehoo.ous,
and 70 just such sighting msn - would be ensAseo in
| tucb . scene -, -
COver ruled)-wtness DID not see Csss.riy tsk Win
Ryr ders pesr the hospital aud he could pot 90 20
~itbout hts setDg IT, tbDks he es~ one % ths pAc~o
10 workipsnsp; heard ~ spoken 81 before o.. - ~
beard son. one ssy " wrong 20 put up such o'.
snd be agreed him did not think there "ss ing
TO be rov IN cnDssquence OF those plscaus, ~ Nv.
zee any of thoee Ls at ~ Para ro~ kynsers ava not
,sy spytbrg sboot ~bst he you'd doin case any A"e
| ricsp blood vss spilisd -. .,.,-
| never tbcpsht any thing Of Mr. Forrest tL.ugotep.
| Martin Fsirchad-Iives at ~ Horsao street Eoo-s
| nxv. IA A at he