The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-08

a. be had thrown hard substance either brick Or
stone which went into the door OF the Court He1se
street; did not him have anything In his hand but
was near enough to put his hand him; Tad his hand
Of the open door could not ny that o. the night ~ the
arrest he expressed doubt OF thu identity o. the nan
with the person who threw someting did express
douot ~ we time told him rsst morning he krsw hin
because he stood right by BIN; knew him from his
being Of light complexis (Browne dsiL snd wear
thu stone thro~n; Is passed the beads q those
on the steps was ver1 quiet at the time dd not tell
that lie in doubt about the Lrc wing Of the stone or
that he saw it from the vicinity where he stood could
not tell whether II Was stone or brick how large II
BY Mr. sanger-A s Of light complexion who is
not dark the complexion has reference to his face
Examination sumed after short
Asa Morrel captain Of eecond division Of police
duty night of 2oth May arrested Henry Howe OF
defendants near the south vest corner OF the Court
House; he hs'ooed, 'bring him out" or sfetch him
out" 'rescus him. this after he hsd
the door, which not then OPEN he probably fifty
feet from the door there we're other cries Of ake lin
away" persons had then been arrested and Howe was
running towards the square, as were sso many others
supposed to have reference TO some o, earrested
Cross examined-Had pyersation with Mr. Howe,
senior but told him that all the exclamation he
OF the arrest which supposed Gro bell do not know
that the men wee runains for the engine.
Asshel A. Smith. harness maker, N Charles street,
in Court square night OF 18th May left National
Theatre little before 10 O'Clock, from report that
the north of the Court House; there crowd Of
fifteen on twenty about HIM whites and blacks Hppewe
said they Or we had got ne blood out OF one OF the
such damned towards, could have got more white
in the crowd said some one had got to answer for
this, wasn't certain whether 1t "they" 'swe"
VIM o. ChesweIl, constabe-iinew Hopeweu By sight
and assisted in ariesing him the afternoon Of 27th
May, about C5s o'clock the east side Of the Court
House. officer arlton then having him In charge; before
getting Linn to tae founi his left hand graspng
and o the belt when be took from the belt this instru
ment (exhibitiog m African knife).
Crossexsmined-The case Of the instrument has been
split open BY the doctors AT the request of the coroner
experiments tried the blade Of the knife by Dr.
Durkee had with the to where
The evidence for the government rested here.
MIR Farley for defence said the PRINCIPAL matter
parties-Le apprehended that many Of the prisoners
would he dscha ged and until the decision of the court
be made.
The Court said there was doubt several Of the pr
the general principle law that where divers per-
set about the commission of offence like that of
and homicide is committed in the mission of the
act the parties he held accessory to the homicide
In accordance with this rule, the Court of opinion
that no other evidence being shown against Browne
that Of throwing stone and that after the door
forced the homicide committed ami the design Of the
rioters frustrated the act to be considered
OF mischief merely. He therefore be considered
as entitled to discharge. Phoenix considered as
which it is suppos I'd ho was about to throw Cuer ap
peared to be doing nothing more than insisting upon
what he declared TO be his to the Court House and
was not implicated in desga to liberste prisoner by
force. The only evidence against Wesley that Of
throwing brick into the window Of tue justices court
OF Howe in calling for a of person who had
been taken into custody and H0pewel arrested the
next day having knife in his possession All Of these
1t was believed, we're entitled to discharge
In relation to the remainder, Bishop Jackson, and
Morrison were implicated having hold Of the stick of
timber to break In the door, and all who had such hold
upon 1t should be held answerable for the homicide
stowe was found in the act of cutting down the door
with an axe and should also be answerable Roberts
the design to put out the lights would be held and
might Thompson, for attempting to rescue man who
was arrested in the act of breaking in the door But in
relation to the two last med the court was disposed
to henr what counsel had to say.
Mr. Smith, for Roberts, urged that slight was the
offence proved nst him. he should at least be admit
ted to bail Mr. Farley also suggested that In what Ro-
berts did there evidence of kno ~ledge Of the
design of those who actually broke in the door
Witnesses were called to show the good character Of
Roberts
Aonzo j. cohurn was in Court square on the night OF
2tth May with Roberts, came from curiosty Counsel
for objected to answering for Roberts, to
cases Judge Curtis admitted such evidence in
favor of Ezur Wright; evidence admitted and the wit
had been in the square but three minutes be ore
his arrest Roberts said he hoped there would be
trouble riot about the slave that night spoke in
the square against rioting knew him to BE- other
wise than peaceable.
Crosse xamned.-Came TO Court 80 uare from Faucul
Hall after some Misunderstanding osAnisapprehension,
the witness answered. the question put to VOTE all
VINO are IN {avor OF rescuing the sa re to night will
aye" did hot hear any nays; came up with Roberts
from the hall running part Of the way had CONVEX
saton In question in Faneuil Hail. in Court square, wit
ness said was bad business 10 attack the Court House.
TO which Roberts replied, 1T was heard cry to pat
out the light; saw white and a black man crowd
against the door; the white man had on a shawl.
A. 5. Adams superintendent of motive power in Bos-
ton and Worcester Railroad Company's machine shop
Roberts is one OF the most peaceable he knew
MIR. Avery addressed the Court ia reference Thoup
son, believing that he did within the rule laid
down By the Court relative to the participation in the
After further argument each side, the court re-
Thompson, would be held for advsement Wednesday
morning
John C. Cluer Henry Howe and Nelson Hopewell were
ordered to be discharged Walter Bshop Martin STOW
ell Thos jackson and John Morrison reminded to
jail for trial FOR murder.
"A. g. Browne, Jr., Walter Phoenix and John Wesley
then arraignei for riot waving examination
were held in $4,000 each for trial. obtaining bail
Close Of the German Musical Celebration In
Baltimore.
From the Baltimore Sun, June IL
yesterday morning, ut an early fleur, the various
musical associations connected with the National
Musical Convention assembled in front of the head.
quarters, Washington Hall. and being formed in
line, with Major Frederick Elterman in command
and escorted by the Mount Vernon Guards, Captain
Weighors took up the line of march at nine O'Clock
for the State Agricultural Society's grounds, NOV
ing along Baltimore street to Charles and thence to
the spacious enclosure. Arriving upon the grounds
o most enlvening scene was presented, the various
stages and buildings being decorated in very taste
ful manner with evergreens, flowers, the national
ensign, and other flags and banners, whilst little pic
mic parties formed under the shade OF the luxurious
foliage and commenced day Of pleasure which
will be long remembered by the participants, and
will doubtless constitute pleasing Renaissance Of
the past.
About eleven o'clock the company, which num-