The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-22

and did not Kelly say to Cross Take the men quietly,
O. Did you see the big banner A. No
O. How far were you from Abingdon sguaref A. Fifty
O. Did you Sc. any OF the running away A. They
appeared 10 be- running all sides.
Did there not 70 rss, 6u, a o. citizens tSsps
was Q rush.
struckY A. | none Of them struck In the street
District ACCOMPLISHING identified all Of the de-
PENDANTS trial As being connected with riot with this
exception Of Burns and to identify him want the wit
James Cox but he not being present in Court
viii here rest the for the reserng the
right TO produce Mr. Cox to prove the identity OF Barns
CASE FOR TIE DEFENCE.
Mr. AcKeon counsel for the defendants then and
opened for the defence, and spoke follows
Gentlemen of the Jury IL am not one of those who
here in this case demand instead of craving justice
Iexpect it from you gentlemen for you my fellow
prejudice OF sill kiAds. Bot know from the
had the other day before the ers that you above
al prejudice feel perfectly conhds MT in this temple of
justice, and feel perfectly confident that my clisas win
receive all that Is due 1t your hands An unfortunate
character has been given to this wA after
all, nothing but q common ARRAY. Various have
often before this court much srAver in their chsrac
ter, and except those neced with the court
any thing about them But in the present case 1t
Ia magn6ed into sl Ierts of forms and shapes by the
newspapers. Now, take the it stands, you
see that has been hurt except the defendants
themselves The men you trying-its well that you
should knew them-hnow their portion in life. They
AL OF them hard worn ing Of them driving
borers who the of TOLL and confess it is with
pride say that would rather grasp theirs hard hands
,h,n those Of many men standing high IN society and
thse with them as do. and not With their assslants
will show you that this society Is entirely charitable
one by reading their constitution and bye laws which
viii give you some idea OF the char Acter OF the men,
Dhtrict AtorneyI object to it Is 1t is not evidence.
MIR. lcKson-what is tbs Objectionable In my
psatpg word for word wha. contained in the presm
bic, If throw the book away from mes But don't
want to do So want to give the Jury facts +i
character OF the bernsn society," and TO show you that
t is solely charitable association n.
The Court ruled Mr.. Biupts objection out.
Mr. bckeon then read portion OF the preamble setting
firth the objects of tae society Who shall become mem
tuition says, None shall member unless
he be citizen of the United State and be OF good moral
character" This ocsty bad , parade on tho Fourth Of
through that street. from the east to the west side OF
the city, and and met With Nth, no difficulty until
established and well known fact that the Ninth ward has
for years past been notorious for its rewdyism
Some years despei ate fght took place there be-
tween the Ora gemAn and Catholics. You not per
bAps that there are in Ireland certain class Of
trample the rights Of the Catholics, and
every means in their power utterly annhilats those
who do not conform with the creed OF the Evangelical
church, The procession had met with all sorts Of dm
FIRE companies returning from FIRE, and those boz
dies with great courtesy cleared the for the
they met railroad cars, but difficulty occurred, until
they met ths driver Of one Of Kipp Browns stages
with but lew passengers In II, passing up
Hudson street. going up town on its route he was pre-
vented from passing through she procession l win
take bis own statement, for Instance! waited
my horses becoming restless from the noise Of
Hrecrscksr and firearms dArted through an opening in
story hat became patient and broke their ranks
without any hesitation. There Seems to Be some cona;t
Se.rancs on hi: part would have avoided ali this d
Guilty for II he hA5 but waited two minutes logger he
could have gone through As soon .. ne started 70 get
ranks broken rushed 1t the horses and some Of them
got upon the box. do not believe that there b any
equestrian Law Of order in this city believe 1t to DO
the dusy persons with to keep clear 9TH for
and not TO them at their pleasure
does rot ye) Gie good oscsr as he Is sprung up on
top of the stage, and, putting his arms round driver
begged Of the men not to touch him. He told them he
would hive the stage and he did all In perfect order
must say here however that they should not have In.
fcttd any injury the stage driver; but IS said be
however very slight and Il District Attorney viii
tell YOU that Of the who attacked the stage
driver for this offence While the nght with the
driver as going on word was sent down the station
that killed. and the policemen aboring under
that struck about them right and left at the Hi
berass recog szing them only by their regaa These
upfostuEaes, matter of course, struck back. The
police say, wanting In discretion The men had
taie their RECALLS off TO protect themselves from ths
police and those who assisted them knocked do ~n
pcor creatures that tRsy who could fed in every drc
zion was stopped in Hudson street. those
back most naturally to -. Was the matter, and
were Knocked down for the only rsas tn.t they
had badge Their banners were tom and trampled
Of them bearing the likeness Of Wsshpgon and
the other Lafayette You have heard described to yoa
the way IN which the clubs used ON these unorta
nate men. In this body Of Ave hundred men were
sons WI known staff officers They divided
I Of them % ss
session staff Out Of twelve of these slaves ten of them
were this size proc uci, one & and the othsr
strike heavy blow the club of the police would
The whole nun Der Of these slaves among ave hundred
none With regard to throwing stones the last witness
said he twenty five bricks thrown yet It is very
strsngs nobody was injured Tho facts are
proceeding their parade, arrested and
may expected every Of these defendants for the
I-,s sat ess. Is our susne. to smov. thi. tain
and then you win see that the affair has been sX-
sgserAt.d 1t was hing but slight ARRAY of twenty
minutes, during which one vas injured but the Do
PENDANTS themselves.
The hst witness placed upon the stand for the defence
Joseph Baldwin, residing 1T lSl Hammond street
O. Were you on the Fourth Of July last In the neghbor
hood of Abingdon square? A. was
q. Did you see Kelly thsres A. did.
Q. Well, tell the jury what you saw him doing. A. !
was Standing At the corner OF Hudson And Ham mend
rade; saw mas struck down BY three or four
Others then went down towards the omnioas and saw
Kelly standr tAe box; the omnibus then star d.
pg tine of Hud,on and Troy Streets Kelly had
his around the driver tyifg to protect him. rush
vas then made Troy street.; followed them and
saw number Of men striking each other; Kelly try
ing protect the crver BY placing arm around him,
ard begging the crord to go gestures with the
other hear him say anything, but he appeared
10 he doing all lie coGld to protect the driver.
Crefs-e1a mined Those three four persona that
you beating man. had they green scarfs thsnS
A. Yes. SIR
Locsvood R. Campbell being duly sworn, dspossd that
he in the nsgsborhood # Abingdon square on ths
Fourth fJsly last
O. Did you see Mr.. Kelly there? A. did.
What cid he do during the riot? A. He got upon the
TOP q stage did all in his power to protect the
driver.
q lid you hear him speaking TO the crowip A. did;
be told them 60 away, and think heard him SAY ing,
"Co away, shau4e ye."
How loDy have you Known Mr. Kelly A. Bat . abort
ime.
@ Did you zee the stage driven Off A. did.
q Who drove IT eff Kelly did.
O. Did OF the great fight begin after the stage wen.
a? A. Yes.
Cross examinsd.-Q. Did you people rush after the
stage and two or three getting Inside A. / did.
@ Who those personsf A. One OF them had =