The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-18

the Park Theatre, whom Mr. Anderson the Eugiishmsu
was there; thinks there was excitement q that
eecasion than at the Opera House on 10th May.
saw him on tho 10Th May .Yssr the diionisy % y" oc
the rps BY the military had been ss S. 5psrs HUs.s
and on bis way back he met Capt Rynders In Broad
way between Brooms and Canal streets; remained in
least hour; did not hear him say anything to . po.
licemsn about trunk that night; aid not see him up
Broadway beyond Broome street.
Cross examined BY District Attorney Has had srgu.
ments With Capt Rynders at 2s Psrk Row, about Nr.
M:s5..Syi ssss. he Capt r. sspoussa the .Ameriosn
excited he vas animated In his exprsssons did not
hear him .uggest anything that should be done; Wit
some dniculty; there was good house, and he was
there very early; there room for many more
the fact thar ODonpel and Rynders wsrs subpn sssd
~ witnesses before his honor respecting this
tion shortly sfer its occurrence and that they volun
tariiy came before him previous to being indicted.
Judge Edmonds-You cannot examine me- lcan.
not sit here as judge and be witnees In the at
the same time. II you had intimsted that you
wanted me witpets, would have asked some other
judge to try the case
Mr.. Van BuIenIt Is perfectly competent for judge
to give testimony have frequently seen It done.
Sndes.fss, to prove mere matter Of form
Juoge.lf the District Attorney makes no objection,
aud that IL is desired
dsns counsel took exception to the judges refsal
to give evidence.
tavd Russell Leeis enc OF the reporters of the city
prehs knows Capt Rynder; witness at the Broad
way theatre on the 7th Of May; went to see Mr. For
rest play Macbeth; Capt kynder's near the Bresd
way theatre from five to ten minutes after the curtain
The evidence objected to by the defence
Counsel fer prosecution proposed to show BY this
buttiDg testimony the expressions Of capt Rynders,
and bis own declaration that he had come nom the
riot Of 7th May and that he had said they put
hell TO Macready they entitled to show, by rs
buttine testmony that he was not acting In that
peactsbe way that witnesses for the defence have
Mr Van Buren, submitted that there was no pretext
fer Ibis evidence II was opening charges and they
would be entitled to cali witnesses to rebut this evi
dence. 20 that there would be no end to the trial
The Jnege Was not aware Of any rule that prohibits
the prosecution from Offering rsbuttipg testimony but
be did not intend TO permit the prosecution open
new lise of evidence. Counsel for defendant ex-
cepteo
witness continued-I saw Mr.. Rypder.. and som.
other gentlemen. en- the evening Of the 7th May; they
got cf al omnibus near the Broadway theatre; they
asked some Who standing there the per-
capt Rypders then raid, we" (or" they " cannot
say wbieh) "bsve put he'll to Mscresdy; he has
never had such reception before; words to that
Cro,s. examined by Mir. Van Buren Does not know
the names Of any Of the gentlemen who with
capt kynders knew the most Of them by eght the
exprsrsi,n wa made on the Sidewalk opposite the
Bioadvsy tb.aire witness Is an Epgishman by BIRTH
Is not friend Of Mr.. MAoready; neither like him as
an artist or man, have never written articles in
favor Of Mr. Macready have written articles In
q Mr. forrest; have one about nae now, which viii
Mr.. Van Buren-Thank you after the trial | am
buy now (LauRhter)
Witness IL pet po,i,ive whether Capt Rynaers said
we put hell to him." or they put hell To him ~
Nr Bowyer, police officer, examined aud de-
poeed that the hight OF the 10Th there was q con
sfaht rufh ffom the time the doors were opened and
the house full before the performance comm enc.d
FREDERICK A. Talpsdge Esq (kecorderl bepg called,
the counsel for prosecution said that they proposed
prove that the Recorder magistrate Of this city felt
IL necessary frem the nature Of the riot the 10th
May TO give orders TO the military to FIRE; they offered
this 30 one OF the witnesses for the defence
be heard ne orceis given, nor any directions to the
The Judge said, they not trying whether the
hrirg vas right or wrong the evidence proposed be
given Was not relevant. Mir. Talmsdgs wss not then
exsmired.
EDWARD Dowdsgan then called, rs rebuttinz eyi.
ceoce for the dsfnoeis poles officer Of sixth card;
IN the cmnibus with Captain X, sd-rs the ashS
CT the 9TH Msys got out ct tas Brosd~sy theatre;
captain Rybosrs said they put hell TO Macrsady -
The Recorder was called BY defence, t. prove that
the bowe not full the 10th May when the pso.
pie who had tickets refused ancp but he
ssid be 20 much Engaged In the expulsion Of the
riotrs bis attention was not directed TO the state OF
the hop,e
The defence here closed and the Judge sshed the
counsel What aDs. they proposed make with
r'esrd 10 the summing UP IL was then dseissd that
the Court would hear two counsel each side de-
sirst provided each sids old not eccupy more than
osr hours 20 as to enable them to fnsh II to morrow
(thi, day..
Cosrss for the persecution Wished TO inform the de-
fence that they intended to content themselves with
enc speech
The court adjournsd to 10 o'clock this morning