The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-24

The Tarring and Feathering OF q OoIorcd
Man for Alleged Illicit Intimacy with
y Young Imbecile White Girl In Hud-
SON, Columbia County.
SVFNEME CUUKT--WKCUFT.
PouRrH DAy--cL06R or ruK SUMMING u,


Pou8M DAY-cLosx or rux SUMMING vr
Before Hon, Judge Potter, of Saratoga county
Sxsr o. William Moocrs (oolored) rs Peter Boaardus
Ataam Bogardus, William H. Hunt, xyroa Van Dasen
Sy!as ". 7tSc, Charles s. WencheN and A. " r. Enisq-
At the assembling Of the Court this morning. xJudge
Dean asked Messrs Chauncey Schafcr and Marsh what
propositions Of law they intended to rely upon
Mr. Schar said they would hold that all the defendants
we're liable; that he would ask for damages done the
plaintiff by the infection Of tho injury on him, and
damages for being deprived by their acts Of the society
Of his wife and children
Mr. Dean then proceeded to up on the part Of the
defendants and contrased the evidence Of the plaintiff on
the witness stand with his complaint In the COM
plant he swore that Hunt, Howard and Hammond (thc
two latter he has not sucd entered his shop whilst the
witness stand he only swears to Hammond and others
doing So In his affidavit he says that he went up 10 Hud
May but il is in evidence that tho 9th Of
September he went there, and made transfer to his
,olored friend Pel Mr.. Dean analysed the testimony
and tho complaint and affidavit Of plaintiff with minute
ness, and commented with severity upon Mowers; he
then reviewed seridtm the testimony against
each defendant. He supposed that Dir. Bogardus,
who was present as the friend Of the plaintiff,
in the Transaction should not have been subjected 10 the
expense OF defending this suit Mr. Toby and the other
defendants Except Van Dsen and Charley wincheD
not present and they took part the arrng and
featherng OF Mr.. Eting whose grey hairs were bowed
to the grave by the transaction which called forth the ad
mnistration Of tar and feathers Mr. Dean spoke In feel
ing terms and commended that the testimony proved that
he not present, and knew nothing of the intended
action Of the vigilance committee AS to Mr. Peter Bo-
and not interfering to prevent the crowd acting
they did, Dir. Dean submitted that official but sheriff,
a coroner, magistrate was called to interfere,
and citizen, except called on by such officer,
bound to interfere After an address OF nearly two
hours and half Mr. Dean concluded by saying
l. moi aptr hat he of dam
would be reached by the jury. When party came
into court with an action Of SANDER he brought his
the value of his character but if he with
ment which he not willing TO have investigated,
what damages would jury allow9 One little piece Of tes
timony the plaintiffs counsel have got in hero for which
thank them. 1t gives color to the whole transaction
There piece OF testimony here that seals the fate Of
this plaintiff far any damages even
you believe the defendants all participated in the that
IS portion Of the complaint in which he asks damages
because he has lost the society OF his wife and children
He is not living with them, and he wants damages for
that. Gentlemen will mans wife leave him for any
cause but one He may be sck-she viii watch with him
and him during the night He may lose his proper
ty-she will go with him to his hut and soothe
his hours OF poverty But If he commits an
other offence, and she knows tiff be violate
the marriage bed and if he docs under circumstances
aggravaton that whole community rise up against
him. she is justified in saying to him. 'You longer
worthy Of me- And want TO find the counsel who dare
say to the jury that is entitled to damages under
such circumstances because his wife has left him. Gen
tcmcn will be after this day, after this age and gene
left him when he dare not spread his conduct before
jury. | haye only to say that | leave my clients with
it, tina, the voce of the people the voice of God
that you get the unanimous verdict of people, and
that verdict is continued and not reversed by subsequent
events, you VIII lind that unanimous verdict is right.
And any should say to you that circumstances
such hang around and cluster about every portion Of
this case be taken by jury in fix
ing their verdict, have only to say, confusion to the
brain that conceive such idea, silence forever in
death to the tongue that can utter it, and perdon to the
heart that can approve OF it.
MIR. Schaier commenced summing up for the plaintiff
and after preliminary remarks commented with
much force and severity on the act of the Hudson vgi
lance Committee. He commended that the defendants were
parcpators in the outrage and liable to respond in
damages He stgmatized the nsnuation of the original
ing OF the violence done to Mowers as lie: but by
whom it set foot he did not pretend to say It
had been asserted by counsel that the daughter Of Mr.
Eng was in an but the counsel did not tell the
permit his wealth go ner rch 'her would a2dt
cnamored his only child Mr. s. the course Of his
remarks, referred to Wharton'S Criminal Law, which
ii laid down that n rotous and tumultuous assemblies
all who present and not actually assistant in their
suppression in the first instance in presumption Of
law participants" Counsel proceeded to comment with
severity upon the act Of the Vigilance Committee
defence which he characterized as contradic-
tory and inconsistent. there were black
though he counseD would wish either he would
prefer 10 be black niger rather than white one
Qaughter). Mr. Schaner confined to speak for nearly
three hours conended that the evidence showed that
the defendants with the exception of Mr. Citing land in
his there a doubt which he would leave to the
jury liable TO respond in damages the plaintiff
and concluded eloquent appeal for his client on behalf
of law order and humanity
Mr. Dean said that the counsel in citing from Wharton,
had emitted TO read the conclusion Of the section which
says and the obligation is cast upon person so cir
cumstanced in his defence, to prove his actual non
interference. When, however the Sheriff Of the county
the Mayor Of the city, any other known public con
servaor Of the peace has repaired in the discharge his
duty to the scene of tumu and there commanded the
dispersion Of the unlawful rot0us assembly, aud de-
manded the assistance Of those present aid its sup
preston, from that instant there be neutrals"
The Judge asked the jury if they would prefer being
charged now or on Saturday or Monday morning, the
hour ADJOURNMENT had now arrived The jury preferred
being charged Monday and after admoniton from
the Court the case was adjourned to Monday next
The following are the names Of the jurors in this
case
i. Isaac 7. Frost, Jr, mer- T. Vim. c. Gibson, fruits.
chant. g. Garrett D. williamson
2 VIM H. Craft, shirts. clerk
3. Jas. 6. Easton, painter. O. Valentine Hussey, Jr
a. Chas. O'Dowd, drugs straw goods
s. Even Mc1ntre, druggist. To-
g. VIM. Williamson, coach H. George CHpp, varnish
maker. r. Juror excused on ac
count of sickness and by consent of counsel con-
tinued with eleven.
THE FIREMEN.