The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-20

Y Asout nov many got around marshai he hsd
who's procession came back; saw IL AA"A - -
@ Are you aba to identity any Of thsms A. i'0sna'
Mr.. McKscn-Thsrs NO man named Mooney Inc. c'ea.
One Of my clients IL named Murray. L. that the M =
District Attornsy-I want every Of the defendants
now on trial to appear ct the bar
Mr. McKee, object to thai. They appear h.ss by
All in n. court room and that is the only way you
pronounce some awful punishment upon than.
District Attorney-I win say further; II the parties In
bar win forfeit their reoognizances Ihavs yet sarn
thar some eighteen prisoners trial cannot be made to
4 TIE b. before the Court when tn: Judge 70
pear BY attorney IN civil suit but they cannot appear
BY counsel in . criminal court
District Attorney-Ths the language OF the statute
that peinto person indicted for any felony can be
any other crime unless he b. present By an stoney
Now you not attorney In . criminal court and
therefore the defendants cannot appear except they ap
Mr.. AcKson[I ordered to have them placed around
me In the room and they are here The defendants, In
case OF misdsmeaner have perfect right to 60 about
their legitimate business where they plesee You
cannot try for felony unless he 30 present. but
the defendant must be present in and
attending to bis busnessf have never known in
present mere case of assault ana battery Is this u.s.
Ny object that the witness shall net have the advan
tage Of dacaton The witness might have taken
for another therefore don't the necessity of
placing them all in row that they might easily be
picked out. know tt at in that happened under
my observation while District Attorney Q witness
swore most positively to the Identification OF put
into the cells OF the Tombs yet when taken out and
| the real man One Irshman looks like another
that 1t woJ be easy to mistake for another.
The District Attorney then read the section Of the sta
courts the counsel attorney but in civil courts he
was therefore WAS necessary for the parties to appear
personally
The Recorder then asked if Mooney OF Murray we're in
court.
Mr.. McKeon-I win see, sir.
the description OF this Mooney Murray arrested
TO, being concerned In the riot that he taken to the
police court there committed held to bail and Ia now
indicted for that offence.
Mr. McKeon-But We have man named Mooney here;
but we have Murray.
Mr.. kcKson-Tbs witness "a, 8 it was Mooney.
Witness-I think it was.
District Attorney-Q. Did you recognise any person 1T
the pecs office and what did you undsrs and his name
to be9 A stated that 1t man whom supposed
to be Mooney; he stood BY my stage and threw stone
Q How long after that did you hima A. The next
Q. Have you seen him sinceP A. saw him in the
court room the other day.
Q. Do you think you could pick him out9 A. am
The witness then went around the court, trying to
identify him, when Mr. AcKeon informed the Court that
he Was not in the room. messenger then sent fer
him
Cross examined by the counsel for the dstsnce:-
Have you not got suit growing out Of the transac
Q What is II forY A. For damages.
isn your Mt
Q. Did NOT Mo- ney strike your A. Yes.
@ Is not Saunders q man Of property A. don't
O. What have you laid your damages att
District AtterneyI don't how the answer to that
question viii affect the case one way or the Other there
fore object to-
Objection sustained by the Court.
Q. How many men got up on the stags-wsre there
O. We're they AL trying to get you of the stages A.
Yes.
there many Of them they al In each others
q Did you not meet the procession down near Canal
O How far down were you when you met III A. At
the corner Of Bank street. they to the left Of
of shnsOs No. NOT .f1a ,1s o. men 'sns
O. DID you say anything to the mon that were along
@ why did GU not take the other side o, the street
A. could not get across,
9 Did you net know your routeS A. did;
O. Could they not have taken part Of the street
and you the othsrs A. suppose 80.
q Did not Kelly get ,ou entirely out Of the dlhculty9
Q. Did you see him strike blowa A. I did not
Were the horses driven that day up to the sables
Q. Did you rot walk about that days A. Ibid.
Q. Were you in bed? A. was
q. Were you at work next dayf A. No.
O. We're you in bed the next days A. No. was walking
abtu, little.
Q Were an, of your bones broksn9 A. No.
@, How many scratches had your A. None.
@ Where did the itons strike your On the side of
my face.
Q. Had you any marks on your faces A. Yes, sir.
O. Black and blue nsrks9 A Yes.
Q. Bad you physician attend ing your A. No. SIR.
Q. We're tie horses used that dsy' A. don't think
@. Do you know whether they were or mott A. Ny i'm.
preston is they we're not.
team did not belong to that routs they belonged to the
Q The sticks that you were struck with, were they
not light pine woodi A. They pretty heavy timber
and about an inch thick.
O. Were you struck across the hsad2 A. Yes
g Did they make any marksS A. Yes.
Q You say the horses became FESTIVE? A. Yes sir.
Q Were there five hundred mon In the procession A.
Q Were not the most Of them passed BY you 1t the
time of the ecculrncs9 A. Yes
O. How long did you wait for the procession to passS
A. Twenty minutes.
Q. Did you not get tirsdS A. Yes.
Q A little restless2 A. Yes.
Q. And the horfss started all OF . sudden, A. Yes.
Q. Mooney is now in the court room; viii you. please
Witness then left the stand and looked around the
could not find him.
District Attorney-Now require every Of the de-
endsns trial to inside the bar aud those who
do rot appear will be under the necessity Of FORGETTING
Mr. McKeon-I think the District Attorney ought not to
insist upon it. 1t is matter 1t the discretion OF the
Court.
The sustained the course OF the District Attorney
and noted Mr. McKeon's exception.
Witness after looking st each OF the defendants for
minutes said that the he at the police
Office mot present.
Mr.. McKeon-Thsn hope your Honor If you sh ,uld
happen to senter these men, will decide that Edward
Murray wroDguly indicted and give him the benefit Of
the flaw.
William H Wood then called to the stand, and do
pofed follows
q Where 40 Won live and vhat, vour occv ton9
live III l78 West Fifteenth street. and carpenter
by trsde
O. wertfyou the Feur of July last any whereNnthe
/ neehborhood Of Abingdon square? A. Yes.
| O. Whereabouts9 A. In Ninth avenue, between HorA-
| ito and Jane.
Did anything take place there to attract your atten.
tionP A. Yes heard man say there.was fight and
went DOWN to see il.
Ninth avenue.
O. What did You see theres A. saw several men en-.
gagged in q fight and several top of stage boz;
i M Kelly the annthar man frxin0 10