New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-08-12

a
Trough, before Justice B'eruw., at his Court on the
corner Of Court and D.rer Streets for examination.
The names Of the accused are as follows: Patrick
keenan,, Joseph Fl,od, Elias p. Weidan, James
Toolc, John Spaaldng, Michael Maber, VIM. Morris
John Long, Patrick Daily, Robert johnson, James
Sullivan, Richard Bailey, AID Wm. A. Thompson
The counsel for the prosecution are Granville 1.
Jeuks and Winchester Brtton; for the defense, Ber'
nard Hughes, WIN. d. Vseder, S. d. Morris, and j.
C. BlackIey.
The case being called on Mr.. Hughes demanded
n separate trial for Patrick Keenan,.
Mr.. Britton opposed the motion, on the ground
that Que could he held on the charge Of riot, NJ
il took least three persons TO constitute riot Ia
he meaning Of the statute.
Mr Hughes, quoting from the etatues stated that
where q number Of persons were jointly charged
with the commission of felony, it vas 10 the dis
ceton Of the Cont TO grant them separate trials;
and further, that there nothing in the conn alnt
to show that not had been committed, that the
par les had assembled with any rlotous intention, or
bad committed any oi'ense amounting to not. The
parties Ella simply for breach of the peace.
Mr.. Britton contended that it took three persons
10 commit riot--one person alone couId Iol oc
tried for an oil, nse Of that character.
Mr.. Hughes contended that q msn could he tired :
separately for a felony at the discretion VI tho
Court.
Mr.. Vseder held that as the complaint did not
charge riot the accused were entitled TO separate
trials.
| The Justice read the warrant, showing tha' 'Io
parties were charged with riot.
| Mr. jerks argued that II was necessary 70 Wy Tue
parties COZ jointly and the Justice taking the s'"'o
| view, denied he motion OF Mr.. Hughes. 80.
Michael Oates, policeman oil tue r9ity I'M" ~
| precinc WAS then placed upon tue stand, Dut The
Court-room being small and the crowd great, the
.xauination was adjourned to the room OF The
Court # Sessions at the City Hall, to meet at :
o'clock p. IN.
Shortly after the hour above stated the Court was
ouened in the Sessions-r0om OF the CITY III Ill.
| Mr. Hughes for defendants, made an objection
to lie complaint on the ground that the place Of the
alleged riot was not III, ntioIed-that there was no
name laid in I G complaint.
The Justice stated that il appeared in the warrant
that the rot was at the foot OF Sedgwick street,
aud overruled the objection.
Michael Oa.s then the stand aud testified foloss:
An polcensn Of the Metropolitan District arrived at Mr.
wa,.on tobacco manuiac9ry at about IL! o'clock there
re om to IS persons present, bricks thrown into
the Window. some persons were nniins out OF the door
had pchork. In their hands Officer Byrnes aud my eli
Z the crowd somewhat pacihed aud wen, 10 the station
Hos. notified Sergeant Wright; strike
Council for defense objected on the sOued hs shere wa
compliant for ssssut snd battery No complaint for "a
evidence IN relation TO s..salt aud battery hone such
ch.rsed In the complaint, Oyenuled
ored a,ked him, Where do wan, W gol lie
sd he wanted to to the factory took him about 20 ee
o. hring the bricks his name Is Michael
Msh.r mob rescued him FROM tho stree. was cnocs
Counsel for dense objected sud 10" coniended
,h.t the objections were irivol"9. overruled.
Re.un-d After this Mshsr across lots IL
sedssick street hence to Harrison street. corner Of Nsr
Brunt street, where arrested HIM crowd got around and
Ia him 10 ktsw
repue; be Advised the man e. 90 snd brought him 20 hs
n-iiou's etrrned from the station 10 Sc IN one a
thfe.air. Of Az hour the affair then over Capt
slbtooa laieted it all then Flood there rec0g
>puldug Hsber sud Morris. also, joseph tlioi aud Pat
Daily spsiolng have ptchfork n hand aud .wei
he OF mir lives h. 10 the factory COM
i4r sai'. that time; several there the time
h-.e ots ho street outside, on the sidewalk they
were tier. the frat commencement, took bur
n her heard several mske excamations such ALL
acs ob' Of 3D. tni- was from crowd heard no Other
s.-eHaminea-Th.rc rom fry TO seventy five
persons pfr.f about th- factory ~ten first went Their,
women; wh,n hr. uotihsd Of the difficulty was at
dinner distant about twenty ieeii notified By Of ny
y,unteT that Their. hight; there about the time
factory arrested M,hcr he escaped ard pursued
he crowd followed sud threw bricks al me- Maher threw
oncs either At me or At the e2orcd mani bret saw pand
coming ou o. ths f.c.ory with ptcork IN hts hand he
swofe 20 God Almighty that be would have soneoi th'
sous 81 brch"' lives" did not reason win him there wa
lime them briokbas thrown ,-aer eau,
from the aiion-house the number very sfge heersn
edF cdSahef 10 q with me- called On h-eusn thea "a
lssi be Was the only In the crosd know at that
time. thi he the crowd stand back that II
would he b. ter iyf him tNah'Il 10 60 with me.
Direct resumed 1c.hed before tho Police Comm.,ioner,
ths' II wes usually quiet ncshlohood' did not esify ha
Ofcet Sre' aud myself suppressed the not before Capt
hoiolook carle arrested ouy called on keen
t. a.it me- in tho Performance OF my duty there very
lew BOY, thof. Wa shu ahtf felt some Of the mis-
lie, the back. chokrd up when :
drunken arre.led live IN tha, nsigborhood have
years Il Il pcao-abo Of tho city don't know
whether TIE people generally respectable not
MAher after returned from the Station. House.
CAPT NJ. I. HobTpok OF tho Fortythird Precinct
Am Captain Of the Me'ropoiin Police, got the
the disturbance about III O'Clock there about 90
people prsent some were throwing bricks ana stones
aton factory went In the entry way crowed ful
ng get up stars where the colored people
ing ont aul out the id nsseIs got tie place cleared
lat aid ia doing heard several cry Fire
tie b.dinss burn out he ID nix ors got far
door, Of the coored being dragged the
steps having hold Of bis legi him aud TOOK
in bach lno The factory; when got back found
Council o defense objected to evidence OF Arson So,uh
charge stated IN the compliant.
he'aned- came o.. then, and ~eut round into the ysd
where stone, firing into tho windows theu cleared
the street nnd no stones were thrown noticed Keenan,
aud lood tho number the ouly doing
thing kcensn rushing TO the stairs, poihae done
nr that there shout twenty coored people IN the
building they were up staif'-some I've s men, tie
mardsf women aid children some bleeding man had
ui, up hurt another had IA. head cut
sergeant Wright Of tho Forty third Precnc, that he
got 10 tho scene 1t from ~ to O'clock the crowd
and the bricks gyms IN tie wind Z, M all directions
saw sullivan aud Toolr they were ho owing thrit
were swinging about IA vioep, manner; the crics
" bring them out-ki the black Ct - Officers
Kickn aud Donnrly pteseui, Keenan, wss there
and behaved in very yio mt manner; lie made some
expression hut forge, wis, Il strrward in the build
Ing Nj keenan, made the that hty have
- g. be driven away from here II may cost some lives
and have oIr hos" was the sti behind, watching
him he said the black Of 70 be iyon ,
IA. very violent a. made gestures with his hands. a
minute two aisewagd all got cut. ie pisch.ork
| strike
| Cro-rSainined-Iiave been connected with tie police
rec iy" years the RS RArmAn and Donnoly with
ne when went down; some two or three hundred were
present, the pol continuity REINFORCED until
at ab M nifty, IVES not much excited Keenan, said
lives nst be lot and he hal DO the d's floor
30 when Nde OF tho rkftssioni there
was uch noise that k.enais expression could no, he
heard oHtsde the b1dg did ia the Ion but
Ie H I'D Al tf4y liz, VII front he