The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-27

tAss bad usa With bad motives may miagis
ON nasnes, encourage or continue the disturbances.
u uus the Court 10 awarding punshmcat In the osse
- 6serstiosa vsr oes n.s pow. ~ Ssss sa' n
sw the ssds Of public jusos, The vndiseton Oh sle
avs, and the righffu security Of society 1t true that
y. uss Sroess. q I. veil :. oresm.tsso OF
'geravation. This case have sncsavorsd TO sonsisr
.th al reasonable nsney consistent with the intent of
parties under eonvcoo in which the riot not
Tot up BY prsoencered arrangement anterior to the pro-
which some of the members oonsdered that they 90.
countsrsd. and the impression that they were jush
ned IN rssentipg the conduct Of the driver In dri-
wing through the procsssisu, and taking view
fact tina, nothing In presented to rsbut ths presump
that until this act character Of the parties uedsr
conviction we're men Of good charsctsr AND secondly
regarding the position Of Mr. Saunders Individuality ala
position that OF Grand Aarshal-thAt Il to say,
chief otcsr o: the Proceaton-a position Of trust and
popsSlty his orders directions probably. there
fore, had much influence on the member Of It His
duct that Gccason has bean vaioasy stated By the
that he sturnsd fro the head Of the proce,son and
that he wsat TO the stage and went In Troy street.
where the oght was proceecins. Several Of the Wit
ploysd tho.e sngsesd rcouragpg and severe, and
of them Alege profAne expressions directing them,
70 " d. ,s
he repeatedly requested to get his men 10 line and TO
retire. but this he cid not heed The detail Of the vari
necessary here On the other hand several witnesses
his part have testified to his directing the men to form
and 60 ON, and his entreatDg some OF the officers TO as
tAblshed that ~hsn arrested his behavior was orderly
becoming and correct The have passed upon theso
facts for and sgan't bim By their reeo amen tsisn
mercy evicenty though tn have found his conduct
10 bs rotous yet oons erred that portion Of hi.
TO be considered favorably. There Is so
the moment the prscpitAte. tho unjust belief Of
uadessrved Ill treatment bis novel position, aud
his feelings got the better OF his judgment Ffom
his position as Asr'hAl OF the society he had 10
fuenee the whole body OF tho procession His word
gems emit and his drecdo material to
the mover eDts Of his 1t that moment Whsthse he
acted With his In endeav ling to break the peace
whether he trieo by biz words or asons to msnai IT,
was matter or the jury to dispose Of. When the
pobcs arivedwhsr once they directed the crowd to dis
perkeit the duty OF Mr. Saunders either TO
retire arrange himself the same side WITH the pub
lie authorities for these nsntrAs soa no longer kno~n
acknowledged. Di he do thisS Wren did he dc I'll
It true that after he arrested he b,haved bmset
In very becoming From tho svdenss Of one OF
shs rode b. from the head Of the procession TO the
rear, reached the stage, where he engaged Ia
oourapg the rioters not to let the vehicle pass and 10
fact directing his to commit violence the driver
IN fact, drcstng them to attack the police and ons
occasion directing them not 70 ALLOW the police to
he use he power i. had the is., vouls have
been preserved On the part OF the deissce shown
that he directed bis to fail into their ranks Ard
witness said that he entreated tbs for Gods sake to
fall into their ranks But where did he do It? II
not In Troy street. He cid &c when 1t la When
the the sfe,t produced BY his indiscreon he
snceavored to mako some allowance for his nkoonduct
BY allsyrg the riot ~ much possible. Az we'll mtgat
. man bring out cannon In public place for target
ianoceDt persons say that he did apply the match
With the intention Of hurting anybody rha verdict Of
the jury places him la ths position he now stsads and 1t
Ia the duly Of the Court to hat the aw of the Snd Ia
enforced However his conduct when the riot queed
was oret liable ~ b. coming WHILE the contrary. It
does stand that there we're the sidewalk Who
sorry ray, were devoid Of all self respect who
offered oppiobrous epithets In relation 10 the
defendant Nevertheless, all these occurrences are
to be expected when riot disturbance of that
nature gets uEder way Thee disturbances fearful
and It ia vair to Limit the line OF thar Jarous
tuoh exciting creum' tsnes, when once violence is
aroused, man vouch, tell how far outrage may
extend II 10 like saying to rapid stream Of water.
+" You shall not how." The Court has had sfhdavit
from the defendant declaring his entire unossnos OF any
participation in the riot that instsad Of agng the
rioters a. .nes.vorso to Aesp thsn In their lines 70
- It lay In his power The circumst such
however ~ warranted tho jory in aoding verdict Of
guilty. The jury have nded him to the mercy OF
tbe court and that Ia consde alton that snou
be ciMesarded But juriss by Of mercy,
such grave and serious Acts II il really extraordinary
that little injury resulted to the parsons Of those
sssed in tho ROT san the riot ended very seriously to
thoss M der hts charge and from the want Ct good
taot the ptrt Of the policemen when ths ri,t
was qnslhd. IL may, however. be stated with some
proprs'y That he vas placed in novel position he ut
trsc words that oc.stion which In . cAlmsr
he would rot be lhey 70 think a. Bs. however, had
the control Of the entire session and must thersfe
be responsible for their The trial IL true, has
been prctrsc'ed ore but In refer. thai, pre-
judge She ud be attached to him. for II IL the right II
tae accuses, and be justified he thinks be make
nsrif-st his npocspce all tho the 10 gill
A!lo~ m in 80 ding Looking ~ the case IN all Its
o~anpg regarding the great plumbers OF the society.
rg.rdmR the peculiar potioa OF driver, ssrdng
circunrtsucss thA, surround the case still tn
rsh;s or the community TO b. tai into consdera
ton srd the ls~s n the lend TO be vndessd When
~df ~
To- indeed, NO time thar say that the offenders then
convicted are to DO lightly punished Ia prouounoipg
with view Of reaching what bciev. to BE- the right
which the public demand. and, on the other hand,
to see that the sentence Is not unnecessarily
To reach that end ID II public justice cemsnds the Law
gives the Court the power to Jon TO twelve
months prsonG ept 10 the psnitertsry and hne you
$780, Thb punishment gill not extsnd. | will take into
Grafton the Of ths Jury ap6 viii
mitigate the sentence far the Law will justly allow
Of the Court In this that the prisoner
b. ccpfnsd in the Peoi,entiary for four months.
The pIfoIer then taken ioo custody by the
OF the Law. and conveyed TO the Tombs BY ofcsr Davis
v.,ns ~. men s n. Court and ssr rs
among which ons indictDg W. Hsye. and his vito,
for the murder Of d. Lutener vsre discharged for the
term, with the thanks Of the Court for their aiigsnt
tention TO the pnbllc business
Superior Court.
Beiors Judge Bos sorth.
FEs rs -Thomas AcQuade act. the Ne0 Fork and Ell.
Railroad Cmpacy -Compisint SET icrtb that the d.
fen dAnt on ths 2Ssb of February 1858 far value
ceveo. eonveyed the plaintiff In boat r. m the city If
New York to Jersey CITY and cid there nj
their TO convey him Enirs tina. in consequence
Of the negligence and csrtienrss OF the smpye OF tie
defendants, The In whnh plaintiff seated ran Oh
The track the town Of 0s~ego, and iuto COLT
zion with anttasr csr whereby the plsiatf had his
broken bis head cut open ssull fractured &c.
was prevented from attending TO his necessary business
for the space OF fifteen seeks The damage laid 1T
$4,000 The defence Get mp that psintin had paid
fare, an intended 70 ira vel In the any
avoid nent that he there under false preteaoe
pe~sbody, and that, In Hne contract had been
tered into between pls D'f and def.pdap The latter