The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-09


the sOeussr-psrhAps to both. IN: fAots ! tola the
Mayor before the trial that there must b tsst
mony wing the part OF the Freemen an infant to
ipjure the person of Bedni, or th- case woad On
the trial ne furnished tran siion, rather Captain
Lukens did, ef . publication IN = German paper (tbe
Hoch,oaecr) which publication alleged TO writ
ten by Hass Of ths defendants The Mayor also
told me that policeman would swear that some enc he
did not kno who told him In house. that he
be unknown Persop) was one Of the procession, and
that IL their irtentioU to kill Bedni The Mayor
told that another person that he vas at
Freemsns Hail. and heard them say that they intended
Nos, these all the that the Mayor or
Any one else informed that not given In ev
dtLce on the trial Why were thAy not giun' First
TO the publication in ths HCchw1ethter the
Mayer Informed ms Of thht de- patched sub era,
dues tect for one of the proprctrs (dont
ing the alleged sriais Both came But mat aid the
proprie Tor inform reH Why, that he himselt had writ
ten the article and shat the defendant Hasssurek had
meth pg ~ do with it Immediately informed The
OF ebs, Yet he psted that should tfer in evidence
TO convict one set Of men, 40 article hey had
written, but that written by another man alto.
ge,h-r .od the Mayer offered illegal testimony
against any man. knowingly, aad would BIT there
was anoshr legal objection to the mission OF the
timory
The Mayor Gays that he acts and declarations Of par
ties charged With riot made beors the riot, legal
testimony showing II e. inent. True but H. IL equally
true that statements OF other person. not connected
with the trsIsactions are not testimony, and
that, before you can offer tina declarations OF one
Ieraon on trial with Others against the others,
there must be evidence first offered to chow Q oom-
ron interest aud enterprise. Now in the cass be-
fore 1t is trus HsesAurek, ths alleged Antnor Of
the publication, was n defendant; bur II was equally
true that there rot ioia OF evidences that hs
engaged 10 the riot and Of the WI ole four on
trial oEly seven persons could be Identified az the
procession Now, would it Pre- per aside from
its being illegso offer Hsssaureks declarations In tss-
tinlcny against the Others tr'a who had not
identified, and when it was well known tha Hassaurek
hlinleh was not arrested 10 the procession the Mayor
himself having sued warrant the next day after the
arrest Of the procession for the arrest OF Hsuure and
the sole ground Of bsins she author of the article
frrred 10? II would have been just proper to have
offered il testimony against the defendants OF the
sermons Of the famous Kirkland the statements Of
Hsetaurek Could it have been shown that Hasssurek
the author of the article in question: and that he
ana the defendants had plotted togeth .r to kill Bsdoi
and that this publication made In obedience to the
common conspiracy 1t would have been proper testimony
Yet the Mayor seems TO think bectuse he issued
rant against Bassaurek aud made him defendant With
out showing any common conspiracy, that everything
that Hasssrrek bad said could be offered in testimony
The second piece OF testimony presented by tho Mayor
and not offered by me, that of the statement Of ths
unknc~n individual" to the policeman. Now for the
facts AT the urgent importantly of the Mayor did
ce that testimony to the court and thsy ruled 1t pro-
perly ont for the simpls that the unknown ndi
yidual not bs of the dsfendants When
offered this testimony stated the court my objection
TO Its legality but left it to the court to Decide and they
ruled it out.
This brings to the third piece OF testimony
brought to my atten lion by the yor; that u.s.
ment Of an individual that he was 81 Freemen's Hail.
Bscni. wen l called that witness to the stand, ana
what did he says Nothing at ALL except that ths
had an sgy in their hall that they laughing, and
that they with their wives started in tae pro session.
bearing the efsy aloft and ell seemed in . Jolly good
humor-not word o. murc er did he hear
Nov, this is all the Testimony the Mayor any
else brought to my attention concerning intent
of the procession Part of it ruled part
failed to come to the expectations of the Mayor LIST
the pubic judgs to who rghthe in ng upon
me illegal est nony, or in refusing to offer 1t
During the trial or great portion Of 1T the Mayor
At my side, urging upon me to present the testimony
sbove given, possible harry me to CONVICTION
Of the defendants, against Law and evidence. A I'D all
for the public good but to the police from the
fortunate position into which hH bunders had planted
them. And may here add, that greatly lament the
circumstances into which he has brought . large
ority Of the policemen, for know them TO be Of
honor and principle and their great misfortune h that
the bad iuct of portion Of them and taeir chief
brought upon Them in many instances, undiscrmi.
mating condemnation
Iresre, TO male this expos, o, the Mayors conduct
but when proper Of the line of his
duty in an official coInmuricAu,n, TO save himself from
just ceDsure, ane makes an attack, weak and wicked,
upon another officer he must lay the his
door. felt during the trial the oelcAcy and i'm
portance Of my situation and before has there
tion against law and evidence 1t has been endsAvor
to co my duty fairly and mpartally; shall the
favor Of officials high authority allure from the
path Q. daly and while pursue it their oslgpty will
fall harmless W. NJ. DICKSON
Prosecuting Attorney OF the Police Court
ARREST OF THE FoLIos JUDGE AND THE WHOLE
POLICE FORCE.
In pursua of affidavit by Ferdlnand StolH
the Cincinnati Unoa Of The 9th inst Magistrate
Chdsey issued warrants yesterday for the OF Judge
Spooner Captain Luken and hundred aud four
beers of the police orce aud substitute wstohmsn caArg
ing them with roting the night OF the 26th ult with
intent do violence 70 the persons OF Frederick Nassau
reck, and sundry other persons. The warrants
plao sd In the hands of censtsbss Ellis and Eabat, by
whom they were served. Toe parties therein Named
rerAy appeared before the magistrate during yester
afternoon and ming and required by him to
give bail 10 the amoxnt Of five hundred doias each to
be present and at examination to take place
in Greenwood Hail. next Monday morning. at nine o'clock
The occurrence has caused considerable excitsme At
tbrop the city, and the examination will uneoubt
eddy be attended by large concourse " people
Democratic Celebrations OF the Eighth JAN
~. h Nh.