The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-19
THE W.. Earn RIOT.

The Police OBSERVATION-DISCLOSURES TLiiou, JuoSe Do
bee and Mayor westervelt-met in the board room OF
the Assistant Aldermen at the City Hail. for the pur
yos Of charges against the police officers of
the city.
JOHN CUsACK,
Police officer Of the Ninth ward, was put on trial on
charge of conduct unbeconing officer during the riot
which occurred in Hudson street on the 4th Of July
David Read .as the first witness sworn He testi
fed as folows-I the riot which occurred on the
4 of July at the corner Of Hudson street and Eighth
avenue; was there at about ton O'Clock A. H.; saw
man with pistol in his hand, and called on officer
Cusack TO arrest him; he made me NO answer, but
walked away some friend Of his caught hold OF ma arm,
ther put the pistol in his pocket and both walked
| off, he seemed excited and appeared rs II he wond
shoot. excl I'd self am butcher, and do bust
| in Jtffe1 Market.
John j. Van Chef sworn-I called on Officer Cusack to
| arrest = whom strike q citizen, and he told
me 70 about nv business the two men we're dghtns
and the called CusAck to arrest had badge aud
scarf the did not call him to arrest the
other because did not see him do anything; do
not know shch the fight at this time officer
Kelly the st.ge, which had been stopped BY the
HibeIniaBs.
alter the transacton did say that he not DIT for
policeman, and the only said OF
his conduct that day: TO the best Of my kn0wledgs
DID lot ray that Cussck unfit for police officer be-
cause be RI man Ca hoic; know Q person named
hmday he came to me tomy place OF business to ask
not TO prcst cate this charge but made such
seratiop 10 him q. that will not answer whether
member # the; Order of Uoied Americans not; am
| an American and that is sill sill answer.
Judge Bebee did not consider such questions nees
sary
vas 10 shoa the feeling that existed the mind Of the
witness towards accused who happecs not to have
been fortunate not to have been born in this coun
/ try. but in Leland
| Ju6ee Bsebe-- We have no knowledge Of that fact
WIess-Whep spoke to Cusa ok 10 arrest the man he
! he'd ont his IDS add said. Go along, boys"
| J,hp Haul ht,isg sworn-I ss~ Cusack standing on
tocp while the fight was going ON, and never inter
William Taegart s~orn--I noticed Cnsack so much on
that day 10 that he did not interfere with the
rioters a~ him take some persons to the side walk and
then let Them 60 he let them go ne went into the
crowd again: Van Chef asked him to who
had stick IN bis hand but he did not do and walked
of did lot hear him say thing him arrest Two
men aersads hut he let Them 60 again 50 no other
| policep an there az the tire bat Cusack.
For the defence. Mr. james Murray the Clerk Of the
excellent character for intelligence and activity, and
stated that he brought in one prisoner on that day
York. aud lived for sixty years in the Ninth ward that
he knew Cusack, and vas in the police with him and
him that no Roman Catholic should or ought TO be ap-
| Pointed police officer.
John Ackerman saorn-ls police officer; went With
Cusscs 10 the pace Of the riot; there vas other
officer there 1T the time; he arrested several persons
but they rescued from him; lost sight Of Cusack
when they went into the crowd, but met him
again he going to the police Office
to look for assance Gu ack received good character
from Lieu Iealy and Judge Beebe said he
knew Cuack for the last nine years. and considered him
an acive officer, and was surprised when he heard Of
these charger beng made against him.
ThOn IOust sworn-I know Cxsask for the last FIVE
years tas him in the riot he WAS in my opinion, as
active in endesvorpg to it any Of the police
him arrest q man at the corner Of Hammond ADD
Hudson streets cannot say if it was before the rein
forcenent up not; IN my opinion he dii all he
prisoner out Il the crowd at the time vas captain Of
the police Of the Ninth ward do not recollect spe
cs, act he DO but saw him exert himself.
BsDjsHin I. Peise proved he CIsack exert himself
| and saw him take men out OF the crowd.
This closed here, and the Of
PATRICK KELLY
then called on, for conduct unDeconing officer
B. 7. kfftits r~orn-l am on the police; was
called in 70 ,nppress so great riot as saw in Hudson
street On the 4th Of July the crowd very rioous
when srved AZ the Of Troy and Hudson street,
At about 1OH O'Clock A the first thing did when
could lot. the CROWD would rRsh between aud my
prisoner; arrested maD named T,ayno saw stone
fall citizen and knew that he threw IL; saw it
pass from his side, him pick up the stone,
but went ard Ted him cannot state what said
to BIN when a,rs'ed him he was near getting the
best OF ne ~bep bad to hit him with my club had
bold q him when Kelly and told ME to let him
90 about his business that all that occurred bet
Kelly ard me ciiizen who was standing near said I,
me- IL want you Ia prefer charge against that oicsr'
that not the made the charge against hin,
but because considered II my duty Kelly was my ser
geaDt if Jou call tina my superior officer sider it
my duty TO a-si>t al tfictIs under vel above
me- cid moi tel Kelly when he told me to let the man
60 that he hsd been throwing stones.
Caleb Frost worm am police officer, arrested
man, and Kelly come up g. me aud FOLD me to let him
not g"Ie 70 sand by eoc see h- countymsn baat aut
banged let the man go Blu, followed AID arrested him
again, cannot ttll wis countryman Kelly il.
Judge B+hee--You have dare say, Mr.. Frost, your
own opinions on that subject
Witness-I uppose Kelly is an Irhmsn aud that he
ain dedO the Hbern,aos his counrypan went % pis
fight by the odrrs Captain Alderman when arrivedas
the o, Troy and Hudson teets saw coming
from o crowd here officers Smith and MCPHERSON were
tenuir against great NUMBER; the had scarf
on grapped him arc took him to the sidewalk, with
the is ioE Of trneipg him 10 the station house when
an h4hl n and -hGdrn md tnll
did DOT ant hi- countryuen abused; answered that
wanted him to do his DUTY officer; followed the
man With three four others fighting; saw him
hirg ard put for him ! arrested hum with
did had e ess my club for hn nv 'oss
protection cannot say if struck him the head but
thiLk did, the blow struck him teiied him mach
thai wa. able 10 grab him and then the citizens
mp and assisted ns cannot say if knocked him do IN,
but think might; capnot FAY whether struck him
the head once three times Kelly did not say
Don't Kill the man " do not think have expressed
sDy opnioD Of Kelly since his affair mad frieady feel
ii g. him before this Occurrences nor did make
this complaint 81 the n-tgaton of any did be
csust / con icered IL my duty 10 do.
Will 10 Brian proved he arrested man, when Kelly
came up 70 him ard tod him to let him CO.
William wsls ce sworp--I varrishsr spd polls her.
ard i've at No. 10 Wst'R street heard Kelly tell Let
the man doing when he arrested vhe her he
Sas dei1g anything or not did pot inquire did rot
come here TO be humDuRged. and am good you,
10 counsel Kelly did say in my hearing, Dom.
li the man" nor did ans yer, '.D-n him let hin
6as. It = may have 'a'd Kelly ought to bs broken aod
say, "NoH have Kelly in my powerlI will make him
sweat ard break him y
Witreei-r oats not all. for there's q good deal Of
hun bug about you.
William Nnrry sworn-I three or four police
Hudson streets, when Kelly came up and pushed
thero away, and said, Don't kill the man" Lefferts
bud man IN cutody at this time, l cannot say
II it was the that The three four striking
at but he had cen, 10 the front of hts nat IL broken