The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-21

Court OF General Sessions.
rHE CASE FOR THE PROSECUTION.
ooSUusoN or FOURTH DAY.

Before His Honor Recorder nlou.
John Miller the next witness produced for the pro-
sssssop and dspossd tia he lived in Twenty seventh
sss but at the time of the riot he lived in Ganssvoort
street.
Q Where you the Fourth Of July last when the
not Arst commenced In Eighth avenue.
Q Was any body with your A. No, sir
What do you frst see Of the rQt2 A. At the
- Abingdon square saw lot Of men hauling stage
sArouph the street. and walked to the west ride of
Bsdson street but BY the time got they had 1t
the street. heard citizen haloang out 'Don't
si the driver, but arrest him" that gentleman i'm
nsdiatsy struck by Of the Hibsrnian society who
had his rssaHa on; rush then made at the citizens
~ the rioters, and down to the Of Troy
street. some chased MS far down - Warrington
sEset when came back found they engaged in
neht with the police, who trying to separate them
md their efforts suppress the riot three struck
With slaves AID the pehcsmen struck members Of the
HberniAn society back in defence
Cross exsmined-o Can you identify any o, the mers
q We're you touched 81 ans A. When was running
As~n Washington street man caught by the throat
O Do you see any of those men who wore green
sssrfs getting ttruSAf A. The police struck them with
@ Did you any Of those called citizens ST. king
those with green scars? A. did on one OCCASION but
that did not lake psce until after tie struck
WITH orick bat IN the hands OF one OF the Hioernan
sscisty.
Q 10 you belong to any Ore comssnyf aid you hear
the hre bel that os,Y A an : aremxn da
hear he tells rupg
jacob :. Brown eeiny duly for the prosecution
aeposed that he beokkasper and lived SO FC1tn
street and cav the CONNIE ncenent OF the s.frAy.
z. Woer- were you : aneing at Tia, TINS, and sats q.
hat rt62 A in Hudson street a. tn. time
and OF Kip Il BsoSn's stsges waiting for Tho
Froo~ion here space enough for the stage Z q
through arc the driver attempted % drive thr ugh all
TIE PROCESSION had passed NJ tune stn excsp
a dozen who fell hack for stsg- they then
seed 10 Isat the borses ever the head wa teir
EtxyS he ma ,rgilA ~ IkA saga
much frightened Of those who attacked
the horses then pulled open the door Of tie
and ran away NUMBER of persons. then got upon
As drivers seat, and beat him it'll staves Kelly
IRON the blows II his assailants; hesro Of
Who wore the green scarf cry out, KICK the damned
driver on slapped him the thigh, and told him
The driver cid anything they had better arrest min, and
BOT r. be,t him.
had passed 70 where the stage attacked A. Taey
al ran bach like fgck OF sheep
O. What did you then 7 A. Citizens then
help the driver sticks and stones freely used
Aw man throwing one stone which struck the driver
Q Did you see q police when they hrs. came A.
No. but did Afterwards: they frst tried to put down
the not by remons ling but the rioters turned ABOUND
md Ought the police
q Can you identify any Of the defendants being
Witness th,n ioored around and identified Of them
Shom, he said tried 10 keep the driver from bsns killed
Cross examined-Q. DID you hear any Are bells ths:
dAyf A. No, SIR
Did Kelly do al he could TO protect the dsiveri
4. BE spPeareo to be ceiyg SO.
sHs0 any MAJ IN the society staff A. Yes, think
q Dii you see AIRY strike those with the green
aeAYts a. saw the policemen clubbing them
Vi. Ss a
Mr. Bant-Q Was that before or After the citizen had
bsen struck A. 1t Was after
Walter Naughle the next witness produced the
at of the and disposed that he lived 1t 1876
Greenwich street. and is an architect by profe' sion
First the pro, session In Abingdon square,
taxing the horses Of stage by tho heacs pretty
much the whole Of the had passed the
Ae stage could 60 through the driver, while endeavor
hg to get Though, had his horses caught BY
hsrsss eIe4tfuy about the head and neck with their
saves then three four cot up the
Why not have him arrested just then crod out
skI the Of - then got the stage, when
Twas struck With hretbat on the left arm but could
not tell who thrs@ II al when next oJAed ind
founo thai Kelly was the top Of the stage remou
gustirg With the not &c attack him he braa
dished mis- club TO keen them Of looked sbout
and saw another OF Kip Browns stages coming Up
which stopped beee the Kelly on; thea there
VAS Reat rush u tbs citizens torards the
had the Griver by the leg trying to drag him
stage; the with badges beating thc citizens;
tiled 70 get into my house bu, could 80 ard
obliged to get no entry Of TIE house door
marshal turned around one or twice and cried out pull
him off, tie Of a." some forty atty o. his rien
thsy there fifteen sixteen az the 10
hudson 10 Greenwich street, thsn
scene OF nxhtnE, the police moving in . solid body,
soush the mdde Of the street, there At that time
shout eigh ty ninety With their badges only
NV citizen struck By the N and he bitshsr,
ut coult Tot tell who struck 8 ST; he down the
Nm.
OFoss q, smned-Q Die you see the man that came ont
With the knife IN his HANDY A. heard there knife
assd, but did not see il
9 Did you see the policemen striking those with he
ladgse' saw them striking them with their clubs;
Aw some marks Of the clubs the heads Of the
@ H. you see any o. those rufisns-for so call the
elasens-with marks on them2 A. did
Did the men with bsages On attack your A. They
District Attorney-Ths counsel the other side calls
those citizens who assisted the police rufiins Nov,
winch of the two acted the most ruany, the citizens
The men with the badges onf
The Court objected 10 the question and The witness left
the stand.
Timothy 7. West deposed that he was house
carpenter, and lived in twenty third street
Eighth ! the occurrence; ! 81
.he point al Abingdon square, Ard went there %
- the procession IS II passed: one Of Kipp
Browns stages Was coming up, and il attempted TO pAs
through the men osiSngisg TO the procession
and beat them with their slaves had my ls With
ne ~ the time, and after leaving him on the sidewalk
vent 10 let OF the passengers out OF the STAGE wheu
who the COR Of tbs stage cried out TO
kill the OF b-h;' tina polics had not arrived at
hh time; then went tosar Eighth strest where Imet
Omcer NcPhersop he asked what tbs matter snd
told him that the Hibsr ziaps attacked stage driver
asd would be apt to murder him; went down TO the
sr OF hudson and Troy streets where the fighting CONT
nued IS before the stage a. that time the
rived the ground, right up and told them TO dis
yerse; he then went IN amoug them aud that was the
6st saw OF him did not Identify OF the defendant
oic not see tbs marshal ~ the time when the
attacked.
Cfoss -e1smined-ssw the marshal at the head o, the
processon and he could not have been the when
de ARRAY took place. there four Eve persons in
The st ge at the time; Was not struck !
away in time. daughter
M NcKeon-Do you belong 20 the order Of United
Americana
District Aerrsy-I object t. that, because j, is r.
relevant
Mr. McKeon-I propose to show that belonging to tha
society, he Is preindced snd biased his Testimony
The Court ruled against Mr. NJ ;Keon and noted mis-
sxseption.
Mr. McKecn-Do you belong to any order? (Rgled ont.)
Henry Boyland Was next placed the witness stand
sd being dspofed that he lived at l45 Hammond
street; present at the time Of the disturbance
Of Troy aud Hudson Streets stage anc the
driver Of 1t was being beaten By mos four meu
with scarfs on the top OF the stage, and many
stAsn trying TO climb up; witness on going up 70 the