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

n0soxv ~ Aho1suk nsookoox khAhous l
BxNTEcS OF JAMES SAUNDERS, MARSHAL OF TIE
ANCIENT 0RDIR OF HIBKRNIANs, FOB RIOT ON
THE y0URTH or JULY LAST.
FEB. 2b.-Tbs Court resumed it sitting today at the
usual hour when II understood that James sAunds
NaxsAal Of The Ancisnt Order Of Hibsrnisns would
ssivs the sentsnos Of the Court he having bssa
etsd last week Il being participant Ia the Fourth Of
July Ret" The court room crowded to excess by
the friends Of the dsfsadant and curious lockers All
great sensation produced when the sentence Of the
Court pronounced The defendant appeared In court
in company with his brother his counsel and ssvsralo
his most intimate friends.
Arl2 o'clock tbs counsel for Mr.. Saunders said that
client ready receive the sentence o, the Court but
previous to Its being pronounced he wished TO read an
affidavit prepared BY him and sworn to BY Mr. Saunders,
declaring his entire Innocence OF the misdsmsauor
Of which he stood convicted by jury Of his fellow
citizens. he thsn read the following sfidsvit:-
City and County Of Neso York, % james ssun< srs being
duly SWORD, Ays that the testimony given against him
BY the policeman and Others upon the trial Of this esss
se.inst Edwin carpsntsr, upon The 9Th day OF JAY
1885, during the disturbance that occurred the Ninth
ward Ct this city upon that day. wholly without POUNDS
uoA and absolutely and unquAMdedly unt Deponsnt
says that upon the said 9Th day OF July he did not upon
any occasion, make Of any language Of dbrssp.ot
ossurbasos that s. every means il his power he to h
best asty and In the exersise Of his bsst Judgment
dssvorsd 70 maintain quiet and to restore order among
the mares OF the people that there assembled That
only orders he during that unfortunate day
TO the persons under his nominal control ~ Marshal Of
allow Themselves TO provoke breach OF the peace or a.
lsw the msslvss to be cd any not
ing with good otzscshi That this deponsnt verify b.
ieves that the policemen had not prejudged ques
top Il the gut isnco OF tho persons 10
the srsy, and made irdserminsts slaughter upon
with the perons whom ths defending themselves
sgAjsst serious breach Of the peace would have 90
cured Dspore emit further iay that he has been for
tveve years and upwards resident OF the city Of New
York; that he has besn gut Of the smallest
fra oon Of the laws Of this country which, years ago.
he gave his voluntary allegiance and whose honor he
Issdy to protect and cherish harm than he il
anxious for his bodily comfort safety Tact uat
NO impssohnsnt has ever eesn made Of his conduct
ctulel and that side BY side with the verdio jury
in this case upon the testimony Of persons
whom he 1t esst believes swift to shed innec.ut
Of his Innocence DsponeIt further say that in the A.
sencs Of his ceponsnt counsel FROM the courtroom the
District Attorney in hi. summing to the jury,
that he WAS informed BY the counsel fo this deponent
that dsponent had admitted his guilt In this CASE aud
atK he hs Dssrct Attorney could state what depen.
that the prosssAton OF belief made By deponsnts coun
eel OF the entire innooenoe OF deponent mgat not weigh
in their mind or Judgment Opponent chat he
authorized any statement Of his guilt that he never
made asy that he has guilt 10 confess for
that he has been nformsc BY his raid counsel that ne
tornsy and that inssmuoh the jury or the court ia
the absence OF deponents counsel might have supposed
the statement true NO nov. under his oath make, this
sworn In open court this 25th DAY OF February 1854
berry vANDnv0oRr. Clerk
The defendant then being asked by the clerk NJ Van
dervort be had anything further say Why the sen.
tsnss Of the Court ahoud not Be against him.
replied In the negative.
Bis Honor the Recorder thea rose and In pronounclng
judgment mace the following remarks -
In this Two several trials have been had one Of
thA AMI IA Gar 80 ~
Of the other dsendsnts put trial The trial
Of James Saunders which has BEEN fall and careful
jury Of the osaoe Of offence though ola sed 90
one OF inferior esgee yet really serious fearful and
dangerous in it, eharscs, leading TO wrongs often OF
lent Djury to the person and destruction OF property
hut 20 the sscrinos II humAa ifs. When once mob OF
excited Hict 10 COLLABORATION once the tor
Of sngr, feeling and angry action IL set aovtog
Who Measure the extent " wrong ~ho can limit
the violence to which It shall extend The stranger
well - the offending indtvidual-ths innocent, the
weak and the helpless, we'll the cupabie and tho
strong usually become involved In the vortex the
the present osss furnishes psin.0 Al b. the
proofs In thsfe trials It appears that morniug
the 6fth Of July lat ia honor Of the anniversary
Independence, the Fourth having been sondsyD pro
esfson OF tho members Of . bsnsv len association
,Deiueisg about Ave husdred persons OF which
proce, Mr. Saunders Vas GrAud Msrshsl was p.ss
from the Eight into Hudson street. add
With Of t.elve or fifteen Of its had
passed into thai 'tIsst or ~ Abngdoa square: and
Others who had passed that point there space Of
about sn feet The procession hal appro pirate ,annsrs
6osSs and directions given as 10 lis eouduo Ia
cluted In these dsetons appears by the proofs on
the trial Of Cnrise Others the dst trial had
orcer to allow NO stages nibusss to pAss the pro-
csssop uihout their liberty This ORDER ~
Ism isen~d 70 think material osus, ct he ain.
Guilty which led to the riot An omnibus With passsn-
gers had for shout twenty mir waiting ON tbs
east side Of Hudson for the praossaion 70 pass
The criver observing spacs attempted ~ drvs
through tt In order On hia wav
than sucient for him TO- The passage re-
CURED but moment obviously not time enough TO
delay to the II said BY
the Hrst trial that doing Offensive and oppro
brious expressions fell from the driver though he said that
Whether this b 70 not the aot the doisg
IT, both Of the persons in the procession
ed and then nrst began that III feeling which res
sosable 10 behave very t6ing amount Of dsorston and
kindly influence would have asysd Unfortunately no
wise or friendly spirit Of sufficient strength at hsod
After rsnArh some Of the members sesSd and VIC
isntiy beat the horses some surroundsd the stage;
some gos up on the box d beat the driver and tried
pull him on the stage IN the struggle being volentl,
corner Of Troy street, whom the poll strap gave way two
Of THE members in the meanhns, having got into the
the top Of the stage al ring in their atsot On ~.
driver, Who v1 Violently beaten and struck with
stone. Numbers Of the Society and the defendant 70
turned to the scsns Of ciurbaocs and bsrs assisted
In the volsncs The passengers fed the stage
one Of them, womao fell the sidewalk In getting out
a. lssgtn the poll strap vas rs.tosa sod ~ the aid Of
and the driver rescued Cuipable the conduct OF
these Misguided men to this time was, had they
hsvs ceased here and have gone quistiy their way
the resuls would have been very different from
the ultimate realty But not The violence
Dusd And vas sItsnsed 70 such Of the citizens inter
vsned or ntercsded against the attack the stage
erver, or % bis aasailans believed cid Additional
plumbers Of those In the procession returned and united
with the other nsmbsrs In the conflict Such Of the pe
heesn Of the Ninth district Who arrived and ss
those Of the Sixteenth sho reached the about
the ssms tms sndeavored BY sdmnption and oa
Ar ndn nhata~ IN r~tsv~
Their efforts we're oosasful rhs riot Increased;
numbers rushed down Troy street. and vent quite to
hune street u chase Of those against whom hs attack
vas Greeted. Bricks and violently thro ~n
md persons ware knoehsd down and beaten. This
The conoiton OF the riot vhen ihs Ninth oistct polos
snveo 10 Their 6rsr sDdesvors sere py rsasou
ale neas TO induce the parties eogsssd In this voleno
10 respsct the laws and N d. Issssd OF meeting
With compliance they encountered rssssaacs and par
ons vioR also and we-s compelled apply force IA
return The Affair By this time had assu asd an
Alsrnipe appearance. The body CT then Ia
ossn viossos sxd disorder we're many fold more
numerous than the podos force. and possrfu
spd ssvsrs efforts Of necessity had TO BE-, aud