The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-20
pstsn. and sworn .seordinsy thus eempsng the iury

!. E.si King, ,ssh. : SspS.aiss Ssllln, ,ssS
g. James n. Taylor, 10th II led q Adams, 18th. 18th.
Mr. Hall opened the case very briefly IN. his usu
roas witnesses accustomed to the 1sages Of life in court
and who well able to give their testimony clearly.
that would be called before the jury would put them
fully possession of the facts and reading
from the books applicable to the law Of riot he rst in
! troduced the
| TESTIMONY OF ALDERMAN BARR
Thomas J. Barr, Alderman of the Sixth ward sworn,
| deposed-He member of the Democratic General
parties indicted MIR Wallace and knew him by sight
none OF them members of that committee the com
mttees general place of meeting at Tammany Hall,
and there the first Thursday in December,
he second day of the month"; witness attended and ar
rived about twenty-five minutes past seven the hour OF
meeting half past in at the front door, and
passed down stairs TO the lower room some OF them
in the course Of his way down-the two Austins MI
Schureman Mr. Matthews and Mr. Wilson; thought they
were in the barroom in the entry there was large
number OF people there the committee met IN room OIL
the lower barroom at the south, southeast OF the
building they organized in minute or two after he got
down stairs by calling Mr. John Kennedy to the chair
Mr.. John S Austin the first of the crowd who
in; be not Of any positive rule but the meetings
book of rules produced published and he believed
body could get copy it appeared like the he
had THE book was not put in in evidenced
To the Court-He had been member four five wears.
witness COMMUNICATION Austin came in he walked up
to the table and sat down; he requested by the
Chairman two three times leave the room when wit
ness went up to him.
To Mr. Cochrans-Mr. scheli was in the chair, then
Mr.. Kennedy had retired before Mr. Austin came in.
Examination continued--There very full quite
large, committee, he (Austn) came in quickly and
cited as If he had pushed through crowd; there ap
peared 10 De crowd Side and great number OF
PIE assembled witness to him (Austin), and he said
e would go for him; he got up to leave the room and
sSns bs Il wS - m v
but it might be the back they had conversation for
might be, half minute and Mr. Schell requested him
to leave the room he said he would not leave it for him
but he would for witness-'sor Mr.. Barr 'Tom
Barr"-somethng like that; he about leaving the
ROOM going towards the door again when this
ed in and general melee commenced saw him do no more
than he had described witness all the accused in the
crowd and heard such language as Give it to sche'-
Go in-give 1t him. positively heard say
'Give il 10 Schel the members of the committee all
s scrambled sa, up and got out some one way, and
it up, and towards schell with it; Mr. Schen was
struck could not how many there were; there
were some ten to twenty; large crowd came In
Mr. Schen struck did not see whether John 5. Austin
came in again with the crowd went out; could say
whether the noise was such to be heard in the street
Crossexamned by MIR. Cochrane-1he committee
the one which acted for the democratic party in New
York and called the General Committee ami ordna
ry held meetings TO order the primary elections Of dele
gates for the city, thought there notice published
the object that night was to make an arrangement for the
regular meeting for the month; the business was Of an
interesting nature.
Q-Was it usual for such crowds OF persons who
not members of the committee but as we're there
that night, to be present at Tsmmany Hall occasions
sions ofinterest.
Mr. Hah objected wasting public time.
, Mr. Cochrane intended to show that the assemblage
there was in accordance with ordinary and they
had much right there these individuals in their
committee room He meant to say
Mr. Hall-lt has nothing TO do with it, and utterly
irrelevant because there had been previous riots which
the committee had passed over.
Mr. Cochrane-hy learned friend mistakes the point
Judge Beebe-l think must conne yourself to the
answer already received.
Mr.. Cochrane then put his question agaia thus
Was not the that previously large
that present on that occasion assembled at Tammany
Hall at the time of the meetings OF them of the
General CommitteeS
Judge Beebe-Now must be overruled because II has
been answered before. Exception taken and noted
Q-Had either of those defendants anywhere
that night befores
witness-You mean the same evening"
Mr.. Cochrane-Yes. A.-NO
Witness continued-Had some OF the defendants
on other occasions before that evening at Tammany Hail.
had seen some of them there occasions when Large
crowds there-all of them except Mr Wallace;
thought he first him that evening" witness had
TO go through the lower barroom entering there
were numbers Of people round usual; did recol
lect the subject of general conversation among them
could not say there great excitement about that
call OF the committee il made TO the coming cleo
ion there appeared to be good deal of talking did not
know that there was any great excitement 70 the
ner Of calling for the election of Inspectors
Question repeated-weil suppose there was: witness
could not from recollection that he John S
tin in the upper part of the hail. but he under the
impression he there with the rest; thought he
George Schureman who appeared be taking with
the rest he could not locate them. Matthews at
the amb OF the staircase he went down his impression
he first John S Au stn above but he might be
mistaken had recollection of seeing Wallace till he en-
tered the when his attention attracted by his
being taller than the rest could locate Isaac Austin
any more than john Is he Isaac in the commit
tee room.
Q.-Can you say you saw George Schuremanf A.
i think be came in with the crowd: am pretty well
satisfied and do not think there is any doubt my
mind there good deal of noise of people
arguing angriy and quarrellng; there might be fifty
people or less in the committee room coal-hole
kept in went out just the crowd rushed in had
not seen Wilson before that evening ne went
TO be all action rushing shouting, holoainy did not
perceive Wilson's face covered with blood John
Quinn there that night he believed Quinn lived in the
Nineteenth ward he came with the crowd into the
he came in backwards
Mr.. Hall objected
Mr.. Cochrane going to show who the real
rioters.
The Court thought would take longer to discuss than
answer.
A discussion ensued in which Mr. Cochrane sought to
introduce evidence of internal dssentons between the
9 hard " and soft shells - but il ruled out.
Witness heard such expression XIII the soft
shell Mr. Austin did not say he would go With witness
because he magistrate but said Tom Barr
The gas put three four minutes after the crowd
came in; did not recollect seeing Austin afterwards
Mr. Jonas Phillps-Was one Of the secretaries of the
Republican General Committee: he arrived after the
meeting had been organized by Mr.. Kennedy taking the
chair Mr. Austin entered the while the meeting
wa celebrating, and into the middle Of the
and said, I'VE deputed committee though witness
had recollection of seeing any else there
vte you up sairs witness standing tine right Of
the chairman at the head;of the table: Mr. Schel said
THE gentleman is not member of the committee ami
he is requested to leave the room Mr. Austin came
round TO the right side, and seated himself a chair
with hat and Mr.. Schell said again The gentleman
is requested to leave the ROOM his presence here
sidered intrusion he showed disposition GO at
that time they heard noise outside: Mr.. Austin
would not leave the room he appoined Mr. d. Mcintyre
and Capt Leonard Of the Second ward Police commit
tee for the purpose OF obtaining police force protect
the General Committee in their deliberaon; and he
thought they left the he close oy and heard
Mr. Austin say " 1t would mt take much for me to punch
your head = TO ash your head. Mr.. Barr almost
simultaneously with the crowd coming In went up and took
Austin by the and spoke with him they close
to the door and when the crowd in there great
excitement, shouting and jumping one of them a
tall but the witness could not identify
John :. Austin; when took up chair and
with it. upifted at Mr. sche there great reckless
of life and limb.
Mr. Cochrane-Do not comment upon IT, but sta te facts
Mr. Philps-I am stating facts; there great reck
lessness
Cross examined-Came through the large bar room up