The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-17
Ths Ninth ward Riot Case.
oPxNNo srKECH or THE DISTRICT ATTORNEY.
OoURr OF CENTRAL aRssIoNs,

hour, when the following appeared the
charge Of riot and assault and battery on the Fourth
July ast-Edward Christie, Thos Brady John Lavsrty,
John Patterson, rhos Trainor James Fitzpatrick Peter
Thorn, Charles Burns, James RamahArd, Anthony Nc
Quads John Conroy, Thos Burns Patrick Nolan Edward
The Court being opened the Clerk proceeded to
the jurors who answered TO their names as follows
Samuel s. Day, Charles g. Noah,
jerome King, Charles Hubbard,
VIM. c. Miller Joseph Black,
Joseph Applegats, Milton h. B1wsn,
The District Attorney, N Blunt then rose for tbs
purpose Of opening The case, and spoke Substantially %
GENTLEMEN OF THE JuaY-I shah be exceedingly brief in
my remarks to you opening this The defendants
here ss nd charged in the indictment with having the
Fourth OF July last ttea riot In the Ninth ward
In this ctv .hail drst call your tenon to the Ia
in regard to riots hall your duty apply
law the seon have heard the testimony.
In the drst the are three kinds OF unlawful a.
sem blsges. The 6rst is tumultuous assemblags the
second ARRAY, ana the third riot tumultuous dis
turbanoe of the public by three persons
having assigned lawful offset in view under such
circu instances to produce . breach OF the public
peace, Ia in law called unlawful Assembiage" You
will observe that when there more than three
persons assembled hav pg lawful obeo in view, they
become what is known in law 'stumutuous
bsge" We next come TO the afiray-i the hshang of
three per in q public street That Is what
Is technically termed srAy, but IL does not always
lead TO . riot ! now come to the definition
OF riot, which is tumultueus distur bAncs
Of the public peace" II is congregation OF
three more pers together in the public streets
and CO uniting violence the Do bic peace
1t requires thres Pc TO commit . riot and
they must not merely sembs tumultnously, but they
must executs their uni. wul purposes. II being thus
ASSENT led and they their purposes ii becomes
riot Nor is 1t necessary to commit not that the par
ties should have assembled for that purpose it is only
necessary that breach of the peace should take place
and have been committed by those engaged in the riot
Three or more ysrons must be concerned in riot TO
commit the offence IL is sufficient they together
ano appear TO act in the and have ths
vieE IN disturbing the public peace The law for riot
vii De Invoked in this case and think may say that it
hardly probable and barely possible that the
counsel for these defendants will undertake 10
deny the fact that riot took place the Fourth
oil July last The facts that viii be proved to you by
numerous wi ~ill be:-that that day, the
day of festvy and rejoicing that day 10 the language
OF the patriot Adams, of rejoicing Of firing OF guns Of
ringing Of cells of lighting OF oonrs and
1t observed in this city by public procession both
civic and military and by continual haooing and up
by tine boys and girls 10 all the public On
the 4th Of July soc. called the Ancient Order Of Hi
berniaus nearly altogether Of persons born
the other side of the Atlantic their through
the route ed through the Ninth ward ia
the neghborhood Of Abingdon square. In this vicinity,
By some accicent Omnibus which had evidently got
there by mistake bscam@ entangled with the
in other worcs actually broke the ranks Of this society
Nov, under Ordinary circumstances, in . crowded tho
roughfare Of great city like this men would pay but
little attention to . circumstance like this But 10 this
case the matter resulted very seriously indeed Instead
OF allowing this omnibus to pass through, the
bers OF The soosty quiet submitting to the delay caused
by unintsntcnsl act on the part Of the driver
OF the members Of the at to
infct persoE 81 injury the driver Some of them
asssiled the horses, some of them attempted 10
drag the driver from his seat Of them got inside
the stage and then actuslly ted the stage,
and finally succeeded in getting the driver from his seat
giving him tho TINA q beating. This
breach the peace of attracted the attention of
czens passing in the Deiy oorhood who Of went
to The aid of the stag driver but the society being the
stropgsr party, succeeded in eating of the citizens.
Many acts of violence then committed. One little
boy, after great batting, succeeded with the aid Of
good citizen, In getting into the basement OF dwelling
house where he was any Their moestation
Aid then for the station house aud the po
the commands OF the police tt members of the soaisty
turned around and beat them and consequently riot
took pace The policemen badly beaten, and they,
In their turn inflicted snch punishment as would serve
to protect the majesty of law Allow here ossy,
that hold it to be- the duty Of the police, whsre
Of assembled and violating the law frst
to go in, ard their efforts to qusll the riot,
before they should endsavor TO male arrests the
queng Of the riot far more necessary than arresting
prisoners. 1t is the only in which the police
exerci.- their authority by ast supPressipg the riot be
fore they cucumber tasm elves ih captures and thus
by moving in solid bodies. they at do
cutcn and more eectraly vindcste the Law, than BY
taking each one prisoner, mailing, perhaps, about
twenty captures and leaving FIVE hundred iioo1s
behind TO fight il better for them frs to dspsrs
and break the riot AID tSen to their
The law holds that the citizens the vicinity the
must take part either vi tbs rioters the police
this subject let ne call your attention TO the ,w red
from Wharton, page "a in regard to the Ksnsington
riot - IN riotous tum altuous hlases all
and not actually engaged in their suppre ion
II the hrst instance in the presumption Of the Law
participants, and the obligation Is upon pergon
ciIcumstapced to prove his actual uoninter'erence
When, however, the sheriff Of county, the mayor of
city any ether known public OF the
has repaired the discharge OF his duty to the SO.
OF tunult and there the Dis peson OF the
lawful rioous assembly and demanded the assistance If
those present to aid in its ppresien fro that instant
there neut The line is then drawn be ween
those who for and those who against the mainte
win promptly arrange themselves Those who continue
looking on willis the active rioters resisting the
public authorities and darinsly moving to the
oopsummxt on of their designs Of dsstruc.ion-who
refuse to jim with the authorities and with ess
their defeat without striking . blow in aid Of
outraged law-are just much riot3rs those
most active in the work o. violence And under such
circt instances 1t win avail them nothing that they
only passive locker instead OF active rioters and ncsn
diaries. That then being the law you win apply it to the
evidence This body Of men had at their sad marshal
Although not now trial yet his must
others And | think | hazard nothing In saying
,asn vbo.s VIII os osssry snora to you. BY
this riot If the marshal haa thought proper to perform
his duty be should have done, the whole of the
OF them bad already dispersed, when he called the
back, beth by exhortation and gesture, 10 the
and every shall be clearly identified as having
been engaged or participated in this tumuituous distur
nance o. The pubic pese and especially for those par
Mat those who opposed tbs police and such will you
holt responsible for this outrage Whether these defsn
dans are or are not oreig77rs care notwheter they
we're born here not have right TO nq urs 10 my
duty AZ public prosecutor have right to distinguish
one from another And be he the proudsst in the
lard In manner be he the poorest from
foreign despotsm, hold each and every am enable
TO the laws Of the country 10 which live
The hrst witness then put the stand for the
secution
Sidney Parker who on being sworn, depossd that he
resided In Horsto srsst, Fourth street. my bu ri
mess, said the witness is brick dealer; the 4h Of
July last was in the neghbornood Of Abingdon square,
1t was about the aour OF ii or ii y O'Clock; coming
from public house at the time which Is situated at the
west aide Of the square.
District Attorney. Whist did you see Did you
any persons engaged in a ROW
Mr. hcKeon, COUNSEL for the defence-I ppose you
going TO prove by this witress that he the riot
and II you DO he must tentify every OF these dc
fendants being there before you prove him
riot Such abe PRINT pie Of law laid down in
Koscoes Criminal bigest AM Selwins Crown Reports.
You conceive your honor that the OF Ni;hoson
and others INDICTED for ro Selvns Crown Reports page
800 that held special commission Of judges.
for the prosecution proceeding to
the when Anderson udge) inerposed aud said hs
must brat identify the prisoners having been present