, 1862-07-17
LIE OMNIBUS RIOT,
Testimony in. the Case.
The Jury Unable to Agree.

rhe Jury Unable to Agree.
The omnibus riot case, at the corner Of =
1a:k and Randolph streets, on Monday, in :
which ". E. Walker, colored man, Was =
.jected from an omnibus and b1atally assaulted i
y the driver, Richard E. Kelly, came up yes :
;erday for hearing before Justice De Wolf,
1t the Recorders Court Room. Chancellor
L. jerks appeared for the negro, and long
array of counsel, among them Messrs. Pad
do il, lngersoN, Asay and Ennis, for the de-
fence. The defendant insisted upon Jury Of
twelve. As it would be difficult to select
twelve men in the city who had not expressed
an option, or we're not pre5udieed, after coz
siderable discussion by counsel it WAS agreed
to limit the number to eight, and the jury Was
constituted as follows:
< B Raweon, Wm Mckee,
Loren Jones, James - Laanaes'
2. II. Smith, JONI 131ts' |
Mr. jerks, In bis opening argument to the
jury, narrated the facts in the case as he
should prove them, without indulging In auy
unnecessary buncomhe. They were eubstan-
tally as we have before published them
Mr, Assay launched out with flaming dia-
tribe, The statements Of the prosecutor Were
all false. He (Asay) was Republican, and
always voted the ticket when there were hon
est mems names Oh it. His client was peace
ful nan, deserving Of particular commenda-
ton. He had come to Chicago to seek bread |
for his little ones. Some men under these
circumstances would have stolen, but he pre-
ferred to be an honest man. On Monday the
10 lima 1-i1Hr
&c was requested to get out, but refused, and
tussle ensped. In protecting the negro the
Sheriff was trying to force the negro down the
throats Of the people, Such conduct was lm-
polite at this time. The whole thing was
plan Of politicians to get up hubbub in
Chicago.
The counsel then proceeded with the hack
neyed strain of Abo1itionists. The Abolition
lists we're guilty Of getting up the riot. The
AholitIonists were inciting on the negro. The
! Abolitionists we're the guilty parties. Tie
prosecutor was backed up by wealthy Aboli-
tionists, who we're bad, reckless men, and so
!, On.
THE TESTIMONY FOE TIE PROSECUTION.
At the close Of Mr. Asay's argumenti the
testimony for the prosecution was opened as
follows:
: Capt, G. P. Osifr: sesorn.-I reside In Chicago
7 am in the towing business; vas present On the
OCCASION Of the trouble Clark street last Mon
= day; stood hut few ateps from the coach; alad5
sat il the front ehd e2k1ng TO, fos"apa nus s dnt
"a The drivef in. stepped on the other side ant
% told the negro to get out: he said; won't carf.
fn9ra s d to oye, aHd defendant drew Oh Us i 10 Ii
Kim, he begged him not to strikes drfendant sail
le SECT out !" to which the negro replied, :. No,
4 Hnn nf npy
!. II he WIS utter weapon then pushed ~ him OF nj
ol seat: saw so1netAing Which looked like the hnt
drew OH and struck The negro undar the left eye
:, they then csinehed and tuulaled together II 70
i'd bottom Of tue coach tns negEo On me Top, nnsi
1p them this WIS Monday morning about i clock
ne 1f negro as not smoking Istcedr earas not di1
he taid don't strike ne : the driver was st ,9a
,n:; the negro was seated; don; know where t tn
driver came from ihs e. weMan a.d not spea@s @ Ii
ie- Of here you danned usger; don't carry n1s5crs
for he had time to leuye the ,bns before . he vi
nd oxs.eraD1intI.-Tne driver stood between tt
7n negro aud the lady and said. Get ont Of here
~ damned niger; I don's carry n'gger5;' the
1c- were the exact words used
ase IL. HendsTeIs sMo,z-Am q constable; ",
present at this affair; had just drove 9p in fro
Of Il 5 m t5ea 5ea ,Rs n
-: 1hr bus ana ordered him ont dazkeY refuse
'A d, ,fenaan1 said he wouldn't carry nggers: defea
t;et e. eniui % II Won't o. eaf damnsd nisg:zs > 30
fill and sega5e,tsd them defendant 1nen I1 et
s shen nota IL o1, ~ ,aseator sasisot soS;aq ;fea
'n- 10 lr4ja"i!y on The part Of tie negro' dstenda
D. = MeL9,e s,rorze--Ama o constable saw t
the fraeas; the negro ras rot S7sokin
5or .he driver said Get gut Of T. this ,hus ~ :
-. struck HIN twice IN the face; did not &
hcI. prosecutor time to get out; he raised up a
ziou eiireh.a 5n and ri thrown doE1 y e9nsa ; =,
has 1;.e. de tne near, 1rmS not s1,oIiag
wiu o. II. Horton xworH--Was present On tue &c
on Of ,hs 9 T9xe1 a tn. seFaS5
ton of The bus and took hold Of him
puset ztd5ls hj s9t SEsa Rssro e9f6sa fs sy Wy TT
ame s 1'egss ssks - osS ,, e =. ar:rs: :,x
and dan1 ed nirger.' Negroes often ride IN tnat
-~~- ~fCi9Sx Ci9Sx3TaH95Sned-U1an' TSn zee the beginning
lum- the fight; driver ordered negro to so, before
Thar Cyrus Fet2er ssrorn--Am constable of the c
per- waa present at the affair; the negro SO 1nte
and 81 near the door: woman entered AZ
ST. The bus, and pace on beyond the negro; saw Dr.
eur tso SarEies got in the next bus with Sheriff
omc sing; the crowd cheered as the bus /
>-est ~ enEa saye me the Tensx. i"r 3ary neSso h
rkec va , strneEs m WV '~1No' ~ '>'0 01>~-~
the Cos E70msn<d-I summoned this jury: I
The aftcr e lie iass oceprred; shsriG having said
naSt5 naGad rSe aSend led Ss a7tstsa 9s ef
tion, refuse1 Is 20 out. Driver sa;d ssyou
qua aid i .haat set cut" Driver t6en drew Of
: arc C,oss eranined-One woman was in the 'bu
sncb 1he time Saw the darkey when 1 ne s. got H. N:
pend T.; knew deiencant since Monaay; saw n, MI
y ~ there he attempted to drive % te bus d2wn }ts
lcur gave il up; this was ln the forenoon a!t9r
Owed etss9f eSsriff eap n GunS County; he wanted
ana e. g he Rs MoSd
a In hini; te,sral o1hefs mixed in and finally b
n,;a. Cos -Eramine,z-Firet aaw the crowd O
- corner Of the street; defendant was not there
# the another negfo Sot N bao no business otner
hnf da back 81
G. ". lis EafetT.
c been TESTIMONY FOR THE DEFENSE.
tn say y. II. UurntT, swura.-Was not present
~ s.s the fight occurred: was coming down on lhs
II sue. fr=t saw negro in the omnibus with cigar
OF the mun:h: don't lnow as it wac plaintiff:
= 1- ! .n1Fy .ncDoNN{ IL was in the omnibus II
u 1888 morning: saw The colored man on the sid
ad las, w!1l smother eolored man with cigar
eadiug "taln Etnis. ,ou;a<5-font soy ysam6fc .or,
sitions hare cigar inAis mouth Hhite III the bnS:
al +ro with Assay This morning, heard nothing st
-" a"o tie v.irer al.out the cigar: driver Ea1d he
CON. nut carry niegcr in his bus ..
lanes e. .dtla,ff, srorN-Am Gnperintent
olanihusses; it is against our rules TO sm
an omnibus.
PEA The testimony Of the plaintiff was Off
crly evidence, but objected to on the ground tbs
before Gro is not allowed to testify in conrts.
iii, At ruled.
,o u-e | Il. E. TQ1ker, sse0r1-14aye Tesi1 d In
~ tAa7' eight ytars; never saW defendant till IL
soldier rcrer rode ia his 'bns; noticed the number
leo in 'bns after was struck
40 Q;.tSfioh-Wtrc yon smoking IN the 'bua
board jceIcd to md oscriuled.
aa,4h Azs1rsr-1 lad no cigar in my mouth OF
. s hand.
house -lirs. ucDoaald. recauea-The nigscr did
md o4h. cigar On the sidewalk, but can't sscsr
smoking it in the bus.
~ upon Alter lengthy arguments by Messrs
100" a. and jerks, the case was given to ii
enoA'hs At a late hour last night the jury ne
out with no prospect Of coming to
uno uet In the case.
sha ~ P.s. About midnight, the jury ca
,,tad ~ unable to agree, and we're discharged,
t;c,, ha case adjourned over for ten dsys. We
- +r,a stand the jury stood, three for fine
,ana1tan one fer IS, and one for S3, and CO
-. sgree upon account Of the fine.
on the TEE EXHIBITION AT ScHool No. IT,