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

Court or General Sessions.
nGHIH AND LAST
SUMMING UP OF THB EVIDENCE OF BOTH sIpEs-
CONCLUSION OF THE cAsE-ooNvIcrIoN OF AL
TILE RIoTBRs EXCEPT ONE.
Before His Hsnor the Recorder
DHc 23-At the opening Of the court this morning. Mr.
MoKeon rose and to up evidence tn
defence After Ankpg the jury patience durin
this long and exciting trial he proceeded to show the
Jury, BY quoting authorities that they the judge
Of the law and the facts He asked them at to dis
miss from their mirds any idea Of TIE being ons
. riot He quoted for his authority third Archbold'
Criminal Pleadngs pp $751; $685. ard SOL and in conclu
sion said that unless the parties had there will
intent Of creating riot had resolved upon doing SC
at the Tins they could not be guilty Of riot but nigh
be OF ARRAY. In Wharton, his Honor would find
that ctment for riot far dheren from that Of
ARRAY. In Roscoes Criminal Pleading it win be seer
that the definition OF riot 49, when three more
persons are gathered together with common ard mu
tua object Of committing violence The jury could a.,
surely nd the defendants guilty Of riot 1t was not
proved from the evidence that they to tbs scene
the riot with the intention of beating either the driver
the police. He insisted that the stage driver had no
right to break the ranks of the defendants and they
were fully justified in inacting punishment upon him
Tor attempting to drive them In the case Of the
Remington riots, the rioters had object In
viewtha Of destroying Catholic churches In the case
OF the Chsrsown riot the rioters had object in view
that OF burning the converts In the of the
Astor riot the defendants endsavorsd to burn and pull
down the Aston Place Opera House. But in this case
said the counsel they, defer dants had common oh
was even that The Court would tel the iury that thew
had perfect right to and them guilty of assault and
battery The facts Of the are these-Ths Ancient
Order Of United determined Svng parade
On the 4th July last They met in Twelfth street. and
marched through that street. from the east to the
n so Int. IL. Ninth WITH ssrd no II sg
established and well known fact that the NTH has
for some years past been notorious for it's rewdysn.
Some 1eara ago despei ate fight took place there be-
tween the Ora ngem-n and Catholics You not, per
hsps aware that thers in Ireland certain class Of
who tramps the rights Of the Catholics and use
every in their power 20 utterly annhilAte those
who do not conform with the creed Of the Evangelical
Church The procession had met with all sorts q din
cutss before they got to Abingdon square They met
some fire companies returning from fire. and those boz
dies with great courtesy cleared the way for the process
they met railroad cars but difficulty occurred, until
they met the driver Of one Of Kpp 4 Browns stages,
IN on p,s w. up
vented from passing through tbs procession wiz
take hts own statement. For instance-"I waited
when my horses becoming restless from the noise OF
nrecracksr and firearms dartsd through opening
story that became impatient and oks their ra nks
without any hest iton There seems to DO oonst
n tbs or! As tbs space But little for
Guilty for ii he had but waited two minutes logger he
could have gone through As soon as he started to get
ranis broken rushed at the horses and of them
got upon the box do mot believe that there Is any
dux w 90 II a,s %
pedestrians and not to run over them at their pleasure
At ttat moment officer Kelly "a bsttsr man than whom
top of thu STAGE and putting his round driver
begged of the not to touch him. He told them he
would i've the stage off, and 30 he did all perfect order
must say here however, that they should have in
nstsa .ny injury on the stage driver Sut as said b
Tore they were Ias injuries ae
tell you thst no. Of the who attacked the stage
driver trial for this offence While the fight with the
that killed. and the policemen Lab bring under
that delusion struck about them right ard left the HI
Sny Dy .ns These
police, say, were wanting In discretion The men had
to taie their regaa off to protect themselves from the
poor creatures that tney who could ed every drsc
fon escape from their sssaants WAsn the process
sion stopped Hudson street. thoss n front turned
back most naturally 10 see waat was the matter and
were knocked down for the only reas n that they
had badges Their banners we're tom aud trampled
on-one Of them bearing the likeness OF Wesh and
the other Lafayette. You have heard described yon
the way In which the clubs used these
other except Irish and the stage driver had
insulted them he cid the cefendants they woald have
left his body msng.d corpse On the occasion # the
ARRAY, person hurt except the defendants them
selves. Thu police coming from ths station house under
the impression that the stage driver killed, laid
about them with their clubs and such of cruelty
and boodshed snued has not been witnessed in this
city for some years The poor creatures re struck on
their heads with heavy clubs In the hands Of and
policemen, snd knocked down liks SO many bullocks
going to be saul He hsn denounced the Ninth
ward police prejudiced set OF who hated 18th
tribute BY their hard earnings to support these very po
Icemsn who looked upon them as 50 many beasts And
Ss a S
that band Of rufaus in the Ninth ward, of them
iiremsn, who were willing at any time to get up
row. seeing these unfortunate creatures in troubls,
went In without any mercy by invitxtion of the police
and assaulted these poor men, who running IL every
direction from their brutal assaants Sc then alluded
to the baneful effects Of rowdy In th city and Of all
the pbgues that the metropolis vas cursed with, the
gre atest the connection between rowdys and poll
nifty recount of the fearful effects Of rowdysm The
counsel was put down in Tanmsny Hall by man that
he had trisd for murder; aod he remembered case
whore Wdy assaulted gentleman severely-and his
wife died from the Highland after the conviction OF
the rowdy alderman to the counsel and s.ed
not to be too hard upon the man said the spes'er
spurned him away And what punishment do you think
those aldermen inflicted on the maD' Why, fne Of
twenty Ave do.r,l Now, looking at the facts in the
IAverty, for he doing nothing more than looking
ct the policemen making arrests A for Thomas Brady
who was by officer Fowler it has been proved
that he committed sDy especial act Of vioencs As for
Patrick McQusde he 1t proved, caught in the
act OF striking somebody with staff put that At the
most, pas only an assault. Patrick Waters wss dis.
charged by Justice Stewart and discharge from the
Justice, after thorough examination, is as good in
nearly every honorable acquutal. Thornton
not caught doing anything when he was arrested,
only running away to escape from being killed by the
policemen ard the rowdies. Now, for Fitzpatrick,
has been single ioA Of evidence to show he
engaged in the riot ne has not been even identified
What is the proof against Christy Cryst,R He WAS
doing nothing than running away IS fast ss possi
bic. roy also sudeavorng TO escape from the
blows that were inflicted upon him. Trairor was found
with store in his hard Poor RannAhan, 1t is true,
struck some Of the policemen. but it was only
done in self defence, and he dealy paid for Els
courage for he wss nearly killed, and has not
been well since If he dies within the next year, 1t
would net be strange IL these very policemen who
appear now as compartments would be placed a. tbs
bar murder That would be turning the tables in iced
Ar for Kelly there need of making remarks in relA
1ion to condust for all the witnesses placed upon the
stard have concurred in saying that he immediately
mounted the stage put around the driver and
With pashed off tbs I'd, who were endesvor
ir ct iuries the individual who rudey broke
their rarls fully justified in saying that II al tn
xes Of the Ninth ward police had acted in the judcers
man or that Kelly cid, this laDentaSe affair would
never have disgrastd city. The counsel then read
the testimony produced for the defence the day before
ID hxna npu