The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-11

Four or tho Canarslo Rioters Convicted.
KINGS COUNTY COURT OF OYER AND rERMrsER
Before Judge Brown presiding, II. A. Moore, County
Judge and Justices Still we'll and Ssryker.
DEC e-The case Of this Carare rioters was called up
in the above court Wednesday, and all the prisoners
sgaiI st some Of whom there separate indictments
growing out Of the matter placed trial
the charging them with riot Their names are ODE
s ,n Smith Shn Creighton JohP Lloyd Patrick Cos
Joseph Howard, Henry Collins Michael Mcconnell. Mi
chae Talley Henry Dobson Jacob Pipes, Nathan swEer
George Lindsay ant Aaron Miller.
Tbs Assistant District Attorney, Mr. Winsow, with
Judge Rockwell appeared for the prosecution and Jonn
B. King, r. Wsrng, and others, for the defencs
number of Witnesses were sworn aud examined by
the persecution and the evidence went show that the
Defendants came TO Cansrsie ON the fifth of July last
In stages hired for their from Brooklyn aat
they stopped at different along the route and
were furnished with drink gratis arriving In the
village Sml h Lloyd and Creighton induced the BODY O,
the party TO proceed TO acts Of violence upon citizens 1t
appeared that they knocked own and
~ aged man named Jeremiah Schenck and while beating
clam pedr named Daniel stilwel held his horse took
his property, and then assaulted him with violence. A
colortd man named Jacob Smith depol ed that he
OF by party on the AFTERNOON OF the same day aud
beaten, and being afraid Of his life hs hid him
self In carrisgs house John Bogart keeper at
Cnarsie, testihed that de endapt Smith stated to him
that be had been assaulted by named Mathews the
day previous and that every in the place should
whipped, but that he had satisfaction iii rgns it was
also shown conspicuous psrty in collecting great
body OF the defendants in Brod2yn, and having them
conveyed gratis TO Canare for the ostensibs purpose of
identified As Of the party who committed act. of violence
in the village, and Smith and Lloyd as Il par les who
instgsted the riot
The was given to the Jury last evening and after
about half an hours absence they returned with the
dict that the, r 0bediah Smith John r. Lloyd George
Higgins and John Creighton, guilty, IS charged in the in
d tment anG the other defendants guilty whereupon
hey we're discharged, with the exception Of Mcconnell
who detsioed separate indictment for as
sault ard battery gro wing out of the some affair.
Counsel for defendants moved arrest Of Judgment
whsreupon the &c urt adjourned till next morning.
DEc. 9-The counsel for defence moved an arrest OF
Judgment on the ground that the caption OF the udct
ment old not shoH in what it was FOUND or that
il was in OF competsnt jurisdiction After argument
was hearo the presiding judge the decision
of the Court by denying the motion he said II woua
be defeating justice where fair trial had been had to
entertain it, unless upon good authority which had not
An affidavit in mitigation OF the prisoner Higgins vas
read by counsel stating that he had bsen dstsinei
prison for four months and had family dependent upon
him.
The four defendants who had been convicted were then
say. Smith said he would Their stand here a.
an be in the place of two Of the witne who had
sworn sgainst him yesterday, and designated them
peri nred villains.
Creighton said he not tho bssca at the time of
the riot nor near any man who beaten neither did
be excite any disturbance
Lloyd said he rode down TO Canarse with Smith but
troubled nobody, melted Others by signs other
wise The expression used by Smith that he would
turn every house In Carnarse inside out but he ,ud
have the men arrested who had i'll used him the cay
before and not that he would kill every In Canarss
Jnge Brown, IN passing sentence said that the Court
entirely satisfied with the verdict OF the jury. II
& ,o1 an Tor the law
ssed that the verdict correct II they had erred at
all was In fay or Of mercy In scqung the other eleven
VIII might very safely hsve been convicted the evil
dence On the whole however, the court thought they
had done right. His Honor made strong remarks
men for PURPOSES they knew were swfu and the
groser outrage on the people Of Canarsie in
their passions by drink and sitting them to bsat
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