New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-23
TIE SEVENTEENTH WARD RIOT CASE

CONCLUSION OFTHE CORONERS INQUEST
vERDICTS OF THE JURY-SPEECH OF
CORONER PERRY.
The Seventeenth Ward riot investigation was
brought to a close yesterday. The Jury were unable
to agree upon single verdict, and therefore t~o dis
tine, verdicts, as will be seen from the sequel.
The jury met at Mr.. Rupert's yesterday in Forty
6fth street, and about noon yesterday Coroner Perry
was notified that the Jury desired TO see him. Upon
entering the room the foreman Of the Jury, Mr. Dunn,
stated that they had been unable to agree upon YER
DICT but had decided to render two seperate ones,
which were handed TO the Coroner, and read as fol-
lows:
"Tbat the said Muller came to his death by injuries
from a pisto.shot fred by one OF the Police OF the
Seventeenth Ward whose name is unknown 10 the
jury But that sad Police were under great excite
meht and committed acts OF criminal violence.
'Sisned' Franz RGPPEaT:'
CiIAS II. WHALEN,
GEORGE GILLY'
"Tbat the said man came TO his death by gun-shot
wound nj the hand eff some person unknown to the
,Jur,: that the Police called to disperse an unusual
COLLECTION of people in Avenue A, on the 10Th day of
july 1851 were somewhat hasty in the execution OF
Their quite tina, shots fred at them by the peo-
ple ana mlssies thrown az them; that the Police also
fred at the crowd, and that during the disturbance
the said Muller came to his death.
(SisIed) j. "a: rhas1 g.
! PECK
After the two verdicts lad been read, the Coroner
addressed the Jury substantially as follows:
81 regret gentlemen, that you could not agree in
your verdict in this case, there has been great
deal of excitement in regard to the death Of John
Muller and ubanimity of your verdict would have
done much to quiet it. am happy to see, as Tar as
you are concerned, that there is no one charged by
Sour verdict with direct action in the matter. will
pass the papers to the Grand Jury. have no
doubt, and meant to have said yesterday in my
charge that there some lnJudclous and improper
conduct shown the pant of the police III atten ping
10 make arrests am much obliged to you, gentle
med for the patient AMI careful investigation you have
made in this You have had very difficult matter
to settle, and the evidence has been very contradic-
tory. You are discharged, gentlemen
Mr.. Dunn, the Foreman, stated that he would like
to say few words before they separated. He thanked
the Coroner for his imparaty conducting the case,
and for the kindness he had manifested to the Jury
body.
A contemplated verdict, which came very near being
the one rendered, prepared on Tuesday evening,
and read as follows
"The Jury fnS that on the 10Th day of July, 1857,
the police force Of the Seventeenth Ward deemed 1t
expedeDt to patrol said ward Lot for the purpose OF
executing any process of law or to prevent the com
mission OF felony but TO disperse what some OF them
believed to be a riotous gathering
In execution of this purpose they used firearms
and other weapons. The jury condemn the resort
Ia eaims and hhd 10 legal authority 10 SUSTAIN It's
employment. by the law Of the State of New-fo'k
the killing Of human being Isl felony, except when
peIpefrated in ustiable sedefense, or in execution
of process for the apprehension Of party, which
arrest is forcbly resisted This law is applicable to
the conduct Of the police
"1he military, when duly called out, may resort to
military force, including, under proper command
the usc of ba.catridge. The revolver furnished to
policeman is only for selprotection in case of ut
most need, to execute a legal warrant.
ave find that the not commenced through the in
discreet conduct of officer by the name of Peter
Cook in attempting to dispense an inooensive and
peaceabe assembly by unnecessarily arrestng man
ard beating him with club, which provoked the
gathering Of large crowd. That said Cook unusti-
fably sounded the alarm rap, which brought the po-
lice in contact with miscellaneous crowd of men,
women and children. That said police did not act
with prudence but. under great excitement committed
acts IF brutal violence.
THAT John Muller was felonionsly killed by pc.
lice officer of the Seventeenth Ward, whose name is
to the Jurors unknown"
All the Jurors, with the exception of AR. Dunn,
were willing TO sign the above verdict. Dir. ID. OBJ
jected to the last paragraph and hence would not
attach bis signature to it, SO it was put one side and
the others substituted