The New York herald., 1850-01-17

going on in the Court of Oyer and Terminer, be-
fore Judge Edmonds and two Aldermen, tor the
last two days. This is considered one OF the mos'
important trials Of the whole batch of indictments
growing out of that f,neute-not as regards acts,
but more In reference to principles and ideas. The
more vulgar participants that deplorable affair,
like Ned Buatllne and his associates, have receiv-
ed their deserts, and nothing, 1t would seen, re-
lars for the criminal authorities Of this city, but
,he further investigation concerning the original
promoters Of that riot, the detection of the instg4-
teis, and ii found guilty, their proper punishment
under the law and the constitution, affecting
theatres, players and thngs. In this dilemma
Captain Rynders is now found, and IN a short
time the issue will be determined.
It's not wish say any thing relation to this
matter. that will ia medias have any bearing, IN
any direction, on any Of the parties implicated and
now tnai Yet cannot forbear remarking
that the investigation going on before Judge Ed
moncs, and the decision that may be arrived at
unctr his charge and direction to the jury, must
contain some views and some principles Of very
important character IN relation to the law as 1t
affects the conduct Of individuals attending thea
tres, and the rights of parties to approve or dis
approve, who pay for admission to public places of
amusement Il has never yet been de termined, as
far as we know, by any court Of law or justice in
this country, how far an individual can 90 in dis
approving of an actor, without, by such conduct,
committing a breach of the peace. 1t true, we
have had good deal Of practice, highly respecta-
bic practice, in this land of liberty, and In our
principsl Cities in the matter of driving obnoxious
players from the stage, but no legal adjudication
on any disputed points principles
Every remembers the famous Kean riot in
Boston. The elder Kean, for card of his,
which reflected on the community of Boston, be-
came obnoxious to the public of that literary me-
tropolIs and on his second visit there he was
driven from the stage, by Kissing, hooting, DIS
approbative hsndbills ia the streets, and every
other mode generally adopted in such emsutes
Many among our readers will recollect the serIes
of riots at the Park Theatre IN this city, which re-
suited in the expulsion Of Mr.. Anderson, an Eng
llsh actor, whose principal offence his express
sion, privately, Of his repugnance TO American
habits, customs, manners and persons, calling US
all, IN the lump, "a of id ignorant Yankees"
In all those tn,sutes, the friends and enemies OF the
several actors were permitted by the police, under
the common law of all nations and every age, TO
exercise their lungs in applause dsapprobatlon,
and carry their point according TO the majority of
|
made A more recent case occurred at the Park
Theatre in this city, the year 1886, in which the
distinguished gentleman recsnlly appointed by
! General Taylor TO the important mission to Aus
tIia, was the principal nstqator, organizer master
spirit, manager, and successful general-and pro-
badly for this feat he has been bre vetted by Mr.
Clayton for the Austrian mission. fall account
of this curious eme,ae, and its successful ternna-
q. Of hatl fhot ndapf
singer, and Mrs. Wood his amiable and lovely
lady, from the Park stage, and every other stage
of this country, will be found in our columns to-
day, extracted from the Courier tr Enquirer of
that year In a historical sketch given of this riot,
his Excelency, Col Webb, the present minister
TO the court Of Austria, (but who is net yet con-
firmed by the Senate,) lays down the law and the
gospel in relation TO the night to applaud or disap-
prove how far the right can be exercised without
breaking the peace, and what are the legal tenets
Of that portion OF the theatrical code. We re-
member that row very well. 1t was managed
openly and above board Everything was perpe-
trated in the face of day. The police were warned
TO interfere; proclamations were issued in any
number Wood was driven from the stage the
embryo master To Austria was triumphant. No
opposition was made, and there was no subsequent
calling out Of the military, TO the danger or da-
mage OF honest citizens, to The extent of rs killed
and 50 wounded.
In the investigation now going on in the Oyer
and Terniner, trust the Court will develope,
clearly and satisfactorily, what the law is in rela-
ton the right OF individuals IN utiering applause
or dsapprobston, or in issuing handbs against
actors that may become notorious or obnoxious to
the public, for any reason whatever The present
m mister to Austria probably, in part, appointed
70 that distinguished mission, IN consequence,
among other things, Of the great energy aud skill
with which he managed the famous Wood riot,
and, afterwards, described it in his columns
AT that period he dated at length the nights
and limits OF theatrical applause and dsapprobi-
tion The trial now goIHg IN the Court Of
Oyer and Terminer, in this city, seems 10 be oa
the charge Of committing or perperstipg similar
thing towards MIR. Mscready, as that which the
minister to Austria perpetrated towards Wood and
hls lady. By this process, II seems, We seek, ia
the present day, Gin consequence, perhaps, Of at
mosphsnc el-ctrictty.) TO send the party now be-
fore the Court on q mission To the penltentiav on
Blackwell's Island, while the other isgu6 ras
been sent on a national mission to the Court of
Austria, even without the appreciation of the
Senate. II honors heaped upon Webb ale all cor
rect, will not Captain Rynders come ia strong for
the mission to Russal
The morality, the legality, the propre iy of all
these ideas, acts. and things. require mucn ,luci-
dation from the Court, IN order tha, the decision
may be a guide IN future for managers. actors,
hissers, applauders, bill suckers, aud all candi-
dates for the pententiary or fore IN missions.
We expect clear and satisfactory developement
Of all these disputed points, from the high talent
Of the counsel engaged on both sdes-Nr Nc
Keon on the part Of the public, and the wellknown
and capable John Van Buren on the part of Capt.
Rynders Judge Edmonds likewise occupies a
position of great responsibility; for never, W. be- .
hsve has y case like this, involving the rights and
limits If theatrical applause aud disapprob, ,tiun,
come before any antecedent Judge or court In this
country.
ANOTHER TERRiBLE SuIrwREck. We learn that \
n. ~ W e.