The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-05
The Boston Riot.
EXAMINATION OF THE RIOTERS BEFORE THE POLICE

MAGISTRATE.
From the Boston Atlas, June 3.
The Court came in at three o'clock yesterday af-
ternoon, when Matthew Hale Smith, George F.
Farley, J. A. Andrews, Edward Avery, VIM L.
Burt and John w. Browne severally appeared as
counsel for the prisoners charged with the murder
of James Batchelder.
Mr.. Sanger, the District Attorney, was not pre-
sent and no witnesses had yet been summoned.
Justice Gushing read list of the witnesses, and
officer Ham accounted for them variously-some
being on board the revenue cutter, bound for Vr-
ginia with the fugitive Burns.
Mr.. Matthew Hale Smith moved that the prison
ers be discharged.
The motion was supported by ]. A. Andrews,
Esq ;, who said that here were twelve men kept
from their homes for the last eight days, on the
charge of committing the highest crime known to
the law, and yet no one was prepared to prosecute
the case for the government.
The Court refused to entertain the motion for
discharge, and decided that what witnesses could
be found should be examined.
SubpGnas were then issued; and pending the
arrival of the witnesses, petty case Of assault
with tin pan, between two Irish women, Gone Of
whom had handsome child in her arms,) was
tried and dismissed.
Mr.. Sanger here made his appearance in court,
together with nine or ten Of the witnesses.
The prisoners were now brought in.
Mr.. NJ. H. Smith moved that Roberts be examined
separately as he was in the lookup under charge
of the police, before the disturbance occurred.
The Court said it would be inexpedient to take
that course, because the same ground would then
nave 10 De gone over TWO OF tnree Times.
The complaint was amended, on motion Of Mr..
Sanger, so as to represent that the killing was by
some sharp instrument, instead Of by powder and
ball.
Mr. Sanger said one of the chief witnesses, Mr..
Taylor, was SO sick as to be taken home in car
rage, but the Court said the examination might
proceed with the other witnesses.
Slas Carleton swon.-Am in the employ Of U. 8.
Marshal Freeman; ordinarily am baliif in Court;
was in his employ, last Friday, May 20; did not
know Batchelder when he came here; first saw him
after he was stabbed; it was between the Marshal's
door and the outside door; opposite the south door
the back side he was one Of the foremost at the
door; was standing and trying to work himself out
kind of sideways; think he was little nearer the
door than the foot of the stairs when l first dis
covered him; was under The gas light; could see
one half the door as / stood; there were about Is
men in the passage way between us; there had
been previous attack on the door, and it had been
forced; they first attacked the east door, held on
to it; then they attacked the west door; the Mar
shall called to his men; think had left the east
door when they attacked the west; Batcheder was
trying to extricate HIMSELF went into the Marshals
door with Batcheder; think the Marshal caught him
in his arms as he went in; left him there and when
saw him again he was dead and lay within o foot
OF the north door of the Marshals office; did not
examine his person.
Crossexamned-A under no orders but those
OF the Marshal; the doors were all locked, and peo-
| pie were forbidden from entering; the Supreme
Court was in session; did not know that till the
Court wanted we should help them get out; came
III ABOUT past elRnt CLOCK the Time, second
time about half past nine; the doors were fastened
before the attempt to break in; understood that
these guards, about 40 in number, were armed with
guns; do not know whether any one was armed
while the doors were shut; before the man was
killed, think saw arms; saw two or three clubs in
the hands OF the Marshals men; saw other weapons
after the attack the west door; saw pistols i'm
mediately after the killing; there so pistols in
the building; there was no opportunity to go out
after them counted the pistols over myself think it
was 20 to 80 minutes before 10 that the attack took
place. had been to the Post Office just before; don't
know who ordered the doors shut; the Marshal
ordered them guarded; some Of the pistols were
loaded after Batchelder was killed; there were
swords in the building at the time of the attack
pistols, clubs, and swords; don't know of any other
weapons; between the attacks the east and west
doors was only two or three minutes; the attack
was violent enough to throw the lock out; don't
know which way they went around the building.
Isaac Billiard sworn-Am U. S. weigher was ia
he Court House Friday evening; was sent by nv
employer to the deputy Marshal, who told me to go
up stairs into the room; know Of the attack about
half past nine o'clock the front door was open all
the evening; went to east door about eight O'clock
to guard 1t from attack, military band outside play.
ing ing : Wood np;2 about half past nine o'clock,
saw people coming very thick and fast; several Off.
GERS standing on the front steps, had barely time to
get In before the crowd rushed against the door; IL
was about two minutes after saw them first; there
were about fifty or sixty got the officers In, shut
the front doors and locked them-both locks; the
crowd were dsorderly; ten or dozen stood around
to keep them from bursting in the door; several
attempts were made; then they run round the
mouse TO the southerly door on the west side
could see them and hear them 60; the next at
temPt was by throwing brckbats and stones,
preaking The windows left the east door, and Just
as tney were taking Batchelder to the Marshal's
once, passed him the foot of the stairs about
tniee ieet rom the door, and helped put out two
colored men; knew he was hurt, because the blood
spouteo our on me and on the floor; there was so
VI q tlcfA L.
Two men were carrying him into the Marshas office
OF these two colored men, one was almost ont. and
the other had his whole body inside; we showed
when ] first saw them; something I don't know
Mnat, came pretty solid again nay leg and thought
Ia better leave 80 retreated and went back into
lhe entry ways; we couldn't fasten the door, and
they would come; they forced il second time; this
was after saw Bafchelder; IL might have been two |
minutes amer got to the door saw foot or two Of