New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-22

take any Of u.s." four officers went that kno. Of
| persous- twenty or twenty-fve-snd they ran down
The avenue those that would not 90 away We pushed
into the houses and cleared the street just IS va
| reached Third street the crowd hemmed Us IN we
reached Fourth street. and there another shower
| VI stones, aud We made hasty retreat ~ Fourth
| street.
| Coroner-Was there any firing yeti
Witness-No. Sir; we made halt there, and az
| we went toward the crowd they made demonstra
| ton, and | heard hve six shots fred cant say
rhetb the shots came from tic roof Of the house
from the ttrdstory window; sew tie smoke from tho
| firing, but did not see anybody fall.
q. VIVA: orders did Capt HART give A. lie or
dered Us to halt and form hve abreast after we heard
the report Of the pistols he then turned round To his
men and said, Don't fires" had no pistol tia, day:
an officer Try to shoot but the pistol would not
| 60 CT.
Q. Who was that officer that tried to FIRE Al
don't think am bound TO tell.
Coroner-You may tell.
WiinesS-It was Mcmillan, but it did rot go of.
Coroner-lias Officer Lockwood revolver } A.
can't say bought his revolver the Thursday pre-
vious to the not; then out Of order and took
it TO gunsmh and only received it the day before
yesterday.
The Coroner here minated that be wished to close
the case, but a German having said that be could
produce a witness who heard Capt Hsrtt order his
men TO ire, TO satisfy the Germans this witness wac
called,
Phillip Huber on being sworn, said-That he resided
at No. $50 Houston street. come from rompkins
square with his wife and brother naw, and saw the
crowd the officers clubbing the people, but he
did not any resistance made TO the police stones
thrown by the people saw officer Dreschman IRE his
pistol and man appeared TO walk ii he was
wounded; Dreschmsn then went behind wagon aud
loaded his pistol again in the time two more off,
eerswere shooting at the people; would recognize them
il lie saw them again. then the officers pointed their
pistols at the house where man was looking
out Of the window, and each policeman shot twice;
then the police gathered again, and Capt. HART
ordered the men to attack the crowd, and they
kpn ckea ma n
| police attacked man VINO was standing by
wagon and beat him; he was so excited that be did
not know where to go; the police came up to him and
Knocked him; when he got up they would not give
| him time to pick his hat up.
| O. Who was the commanding officer that said fire
A. Did rot hear Capt. HART say fire, but heard him
say fail IN men.
| CHARGE TO THE JURY.
Thus closed the testimony III this long and tedious
| case. The Coroner made few remarks to the Jury.
| He said:
| GENTLEMEN: Whena death occurs during riot or
| general melee it s almost impossible to ascertain by
| what particular person the death was caused. do
not know this is necessary as very seldom delbe-
rate murder is committed during the fight. But it is
of Importance to ascertain the origin of this riot, in
which Muller lost his life. The German people have
hitherto enjoyed the reputation OF being quiet peace
able law-ahding people, and the last place would
lock for distur bance would be in their midst. From
evidence which has been admitted here. and personal
| observation, am convinced that there have been
| wicked designing persons who have made misrepre
sentatons. and have endeayored 10 poison the minds
of the people, melting them TO open opposition Of the
laws, by making false statements. OF this there is
moral certainty; and these pelons are morally repon
| sibe for the death of John Muller.
| Gentlemen you will find It difficult TO reconcile the
conflicting testimony in this On the one hand
it is stated that the police upon reaching the crowd
without any proyocatioD, rushed upon them, striking
with their clubs 10 the night and to the left knocking
down defenseless women, and beating women with
babies in their arms, and cruelty striking man who
| lay PROSTATE in the agoDes of DEATH This evidence
which represents such cruelty almost snrpasses belief
| These same witnesses testify that there no
sstance made to the police that there no stones
| thrown by the crowd or pistols fred from the win
Gowr, and that the people were peaceable quiet and
perfectly notensiye DC the other hand 1t is sworn n
that the police, onscomng up to the crowd, first used
persuasion and the midest means to dispense it, They
were answered by shower OF stones, which fell like
hail-stones among them, and after by firing OF
pstols from windows aud housetops, and 1t was not
until then that they rushed in among tkem using forc
Bile means to dispense the mob How you will recon-
ellie these discrepancies do not know. The police
have shown, proof of resistance to them, their
broken heads and long list Of wounded one Of whom
now lies dangerously ILL., IT, however, in the testimony
of any one witness you have reason to believe that
there any false statements 1t you'd to throw out
the whole of the evidence Of tina! witness The wounds
which the officers have received are facts which cannot
be conradicted as il il impossible that these wounds
| were Inflicted by themselves. They have shown these
| injuries before the Court. Now If you have reason
| to believe that any Of these statements were made
l purely with the object OF making out good story,
you should not allow them TO have any weight with
you arriving at verdict, but should be dscredted
| and thrown entirely out II is not necessary that
| should review the testimony further knowing az DO
| that you are intelligent men, likely TO render fair
| and impartial verdict ] now leave the matter for
| your consideration. hope, gentlemen, you Will sef'
lie on verdict. II you cannot you have the right to
bring in two verdcts, either Of which can accept.
| The Jury then adjourned, with the understanding
that they should meet for deberaon at the house OF
Mr. Rupert, one of the jurymen in Fory-fhh street,
| near Second avenue, at O'Clock.
| REAssEMBLING OF THE JURY-NO VERDICT.
The Jury reassembled at o'clock, at the inn Of Mr..
Francis Rupert in Foryfth street, near Second
| avenue. About 81 O'Clock the Coroner arrived, but
they had not agreed and at 20 minutes past o'clock
Mr. Dunn the Foreman down stairs and said 1t
was impossible to agree The Coroner then proceeded
no stair when the foreman formally announced THAI
| there was no prospect of an agreement.
| The Coroner remarked that il was very desirable
that they should agree send in two yerdics. There
was good deal of feeling manifested on this point,
and he wished they could agree. However, although
it was very irregular proceeding, he would adjourn
till tomorrow this) morning. at 10 O'Clock, to meet
at the same place but he trusted the Jury would not
allow any outside influence to sway them
Mr. Rupert assured the Coroner that they had
pledged themselves to keep all that ranspired in the
room secret.
The inquest then further postponed 10 10 o'clock
bis morning