The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-24

the occn Of the rot, and dweIt upon the svi
esnos he went along. Use procession n the Ancient
Order of Hibernians thought proper to bok up tho
roughfare and stop stage containing passenger 10,
the space Of twenty That procession had started
from Tweh street passed down the Eighth avsnue and
while there, Horauo street. they met an omnibus
which they succeeded In passing without any din
They then passed down to Hudson, Troy street,
etimony met the line in t1e neghborhood OF Morton
street. but there no difficulty occurred Bat waiting TO
get along his route to the Ninth avenue By divsging
across Hudson street his horses after waiting for twsn-
minutes, being frightened by the firing pistols and
hrecrachers dashed rough opening in OF the
pTocesson Here he was seized by these with that
brutality which would not in their pro-
per senses They beat the poor dumb animals that
Tited no wrong The staa officer who at the head
the rioters Is not, sorry say on trial; but he
should be here before you OF the ring
s9ssus 81 % The driver s Va.
neat OF their evil passions, neither law order.
~ remarkable fact that the coanssl the other
side has not iuced single witness who belonged to
any Of the sections except the FIRST aad dvsons
Now why did he not produce any Of those who could
have seen the whole affair fro beginning to end. No.
he did not do that for upon the animation the
whole truththe unvarnished tale Of their in famous
conduct-would come out In reference to the conduct
the citizens tearing down the banners will only say
that no American citizen in h proper would
the banners asy society on yhich we're painted the
hkenesses Of Washington and Jackson, any foreign
refugee who seeks In this happy land refuge from op
preaten and dsspotism. But times liks that when
passions q those engaged in those brcis are un
bioied, and they may commit many volat 'ns Of the
when again returned to their sober senses This 70
gious feeling ons Of do character and may
future Dc! break out nts tornado nat win
who are adopted citizens say they Irish Americans
| or German Americans, French Americans They
should drop those title, when they become czena Of
This great and free republic. They are their adop
tor, either Americans, or they are not But at the
time would be sorry that these not born In
this country should forget customs and
their native land. The District Attorney then pro
each Of the sna showns s
hat the evidence quite sufficient to convict every
them, even Kelly The learned gent enan reviewed
he testimony at length, with copious extracts BE
utd that the identity Of all the accused satisfac
ioiiiy established.
Previous to the Recorders charge the counsel for tn
defence presented the following points consideration
lat That the jury fad that the persons engaged in
tn. disturbance had NO common object, that they
I'd That if hs jury believe that the society was after
the stage WAS driven of attacked by parties, they had
3d. That the jury believe the police force used moro
force than was necessary to remove their prisoners and
preserve the peace they became aasaans and tssspass
4th. Unter the ndiot for riot, the jury nay find
the defendants guilty Of assault and battery assault
The Recorder then delivered
THE On AnGE.
Gentlemen of the Jury-This q case which you have
in charge that nomnally IL misdeneanor yet in its
very nature and in the with It,
your hands most careful ana circumstantial sxamna
ton In my opinion, If ever there demanding
without bias Of any kind-it is this case. Unfor.
tunAtely however in this affair there to have
been mingled with less feeling prsssions
VIII naturally fall from counsel in the zeal with which
they conduct Of this description which ay have
the appearance Of inhammatory character do not
mean to say that In this more has said
seems natural in the Of controversy nevertheless
IL is important to adm onsh you in this that bias
of any kind should sway you exercise any influence
whatever upon your minss. You should allow no ex
trnsic circumstances to have bearing upon It, you
should deal strictly with the and with tss.ino-
ny and proof that have before you case
There has great deal been said in reference to the va
possible Importance in this casst is Indeed Of vital
importance-that one single thought should OCCUPY
the minds OF courts or uries IN reference to any dis
tinctve class Of citzenstha there Is but citzsn
and that is the American citizen, whether he has be-
by adoption Tor BY being native bornt should
minds. He is entitled to the careful examination
in eff his guilt innocence when brought be-
In no instance Therefore should YOU lose sIrht Of
the rule or take from your minds the vital i'm.
portanoe of obserbing that rulethat whether these
men are adopted citizens native born, whether
they of one grade another must always bear
in ind the fact that they before you Justice
and that justice is impartial 1t is of the greatest
b asts Ct American laws and American institutions that
they are ae by courts and nres with equality
riot Is often produced ON small in CASES.
The origin Ct riot much like o. the storms Of
nature. From little cloud no bigger than mans
baud" it swes til it reaches of and
results IN general catastrophe 1t leads not only to the
burDi Of property and the terror Of innocent people,
but to death and Msdeeds of various descriptions and it
is barely possible for any the ex
Of riot when it unless it is stopped In
me Is seriousness therefore is OF the most grave de-
ecrption and in cases this eutrely different
clashca Leopie concerned 1t requires the
traordnary care on your part not to let single cir
cumstancs s~sy sound judgment. In examining the
proof Adduced by the witnesses this c.se it is of the
utmost Importance to allow ud zments your Minds
and your memory to carry full recollection of the diff
erenr testimony that been given ia this The
question you determine rs whether there was
riot and secondly whether any Of the parties
trial before you participa,ors in or guilty
Of that riot aud such of them as you shall find
sa OF ss .e anS oaS aa1
siitutss : riot, il is xsll to present to your
vieufy quoted by counsel was here rsad) Such then
the law It will be for you in the consideration Of
brought before you. To undertake % go through
this large Of evidence it has been detailed before
you, is hardly to be expected ia chargets you Your
this 1t seems that on the urth of Jaiy last
society, the Hibsrnian Society OF TIL city, of which
the defendants in this we.e mem aers, had de.
teImned join in the festivities Of the day VS. all
know that that day every American citizen, whether
adopted native feels pleasure in doing what he
dered Of the great days of the world and which
Of understanding treat with indirerence-a day
which commentaries great event in the worlds his
tory, and which has lad effect without doubt,
upon the moral intelligence Of the world There ia
American VINO does not teei . SENSATION OF grA-
Jiude and pleasure in oommsmeratng that day. and
recalls to mind the numerous and extensive blesa-
ings which have flowed, mot only to natives of the
county, but 10 al who reside among us: This a..
socistion consisted Of individuals who jeiued in it
with commendAbls objec: and feeling, which recon-
mend themselves to the eountenance Of There
be doubt that this society benevolent So
oi.ty which would commend itself to favorable oong ier
at always where associated together for the
good exercise Of charity towards fellow
This the character Of the society But 1t that
part Of their erdert appears In the proowers that
ALL vvc Maria Of
pton t. pass through their proce son Nobody-no
indivdusl-no body Of men-hAs right to the exclu-
sive Of the public streets, unless without distarb
ing the enjoy nent OF othars. Very often, however,