Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-05-20
Police Court.
Fn1DAY, May 10, 1854


Before Judge Green John S. Orr was
brought up, charged with blowing horn,
and uttering loud outcries in Main street, one
of the public thoroughfares of this city, on
the 18th inst, thereby collecting together d.
vers riotous aud tumultuous persons, against
the peace of the Commonwealth, &c.
Mr. Orr was arraigned as James S. Orr, but
he abruptly interrupted the Clerk, while he
was reading the charge, and stated that his
name was John. He did not propose, how
ever, to take any legal exception to the mis-
homer, and pleaded not guilty.
John H. Matthews, Esq, appeared for the
Commonwealth. A legal gentleman was re-
tanned by Mr.. Orr's friends, to conduct his
case, but Mr.. Orr said he preferred to manage
it himself He then requested, if consistent
with Massachusetts law, that all witnesses in
the case, except the one under examination,
should be removed from the Court ROOM
This is the Scotch practice.
Lowell Baker, Jr., City Marshal, was sworn,
and testified that he saw Orr, yesterday, COM
ing up the east side of Main street, near
DR.. James Green's store, and followed him to
Union Block. He was blowinga trumpet
Mr. B. said II spoke to him, and laid my hand
on him. He babe me let him alone. A col
lection of people followed him. He uttered
loud outcries. told him to be quiet, and
took him to the watch house. did not hear
him express any intention of going to any
place. or Of doing any act
The Court informed Mr. Orr that he nao
right to put such questions to the witness as
he saw fit, if they were relavent to the case.
The defendant asked Mr.. Baker how he
was to know he was City Marshal: Mr.. B.
said he had on his badge of office. Mr.. Orr
then made few remarks, under evident ex-
element, denunciatory of the city authorities.
He was fined S. and costs, which his friends
paid. He left the Court amidst the loud
cheers of the crowd, who made way for him,
holding his hat over his head, and bowing-
Mr.. Dexter F. Parker conducted him to
barouche, and he drove off, we believe. to Mr..
P.'s house, amid the cheers of the crowd.
William Hemphill was arraigned upon
charge of assaulting with dangerous weapon,
Geo. w. Richardson, Esq. Sheriff of the
County of Worcester, while in the legal dis
charge of his duty, ON the night of the 18th
inst.
The Court stated that Mr.. Richardson had
intimated that he had no present desire to
proceed against Mr.. Hemphill, for the assault
made on him, and requested that the proceed
ings against him be staid. He did so from a
desire to save the young man from the heavy
penalty which impended over him in the event
of his conviction. The young man had ex-
pressed his sorrow to the Sheriff, personally,
for the attack made on him; and this, with
his previous good character, had induced Mr..
staid.
| The judge took occasion to read, to the nu-
merous persons in the Court room, the statute
concerning tumultuous gatherings and the
penalties pronounced against any one who
soould refuse to dispense after the constituted
authorities had so ordered, or who should as
sault any officer who was doing his duty
Mr.. Hemphill had been guilty of a serious
offence, in the eyes of the law, and the PEN
atty was term Of years in the States Prison.
The judge stated that the constituted author
tiles were ready to protect the freedom Of
speech, to its fullest extent; but offences
against the laws, RasSllsaiiatter by whom commit
ted, could not be tolerated. He trusted that
those who had acted thoughtlessly in this case
would henceforth remember the statute he
had read, aud also respect the officers of the
law. Mr.. Hemphil was permitted to co.
The other % young men who were arrested for
rioting, were privately admonished, promised
amendment, and were suffered to CO.
John Angler. jr., Alfred Toney, and Fred
erick Brown. were charged with assaulting
and robbing David Webster, on the LIST of May
now current. The defendants proved an
abb, and were therefore discharged.
Henry NJ. Harper, minor, for stealing $il
from the Children's Friend Society, on the
10th inst, was sentenced to the State Reform
School during his minority, with the alterna-
tive sentence of one month in the House Of
! Correction.