New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-08-08

honse on Monday, did not zee Sweeny on Tuesday
until night; left him before II o'clock did not see
toward the arch; thought Judges house would
be burned, because the people outside said they
would fire il.
Owen Judge was sworn. lie esid that no saw
ts neishbors moving their furniture, and thought
that Ire would move his. lie heard the cry Of IRE III
the arch.
Cross-sxa,niped by the District A.torDsy-Iie
was at home watching bis property, for there nhs
been rumor two days before that tue Arch "Suiu
be fired. He staid home because no expeSIeu vi
SOW the nelghbors clearing out their goods NJ nso'
fall and thought he would h 90 90; i d,D b n u.s.
Mrs. Alice ueffern deIosed that she saw The rris-
oner moyinu furrlture; did not know what became
of linn afierward; she regarded prisoner as peace
able man. Sue raw the man III Court who ouit me
fire in Thompson street. The Distrct-AttorDey told
her to point out the man who built the fire. She
declined 10 do so. NJ. Howe told her to point oui
the man, end che singled out Mr.. Rose, witness
for the prosecution. The fire was made in the MD.
de OF the street and did no harm, and was intended
20 do no harm.
The prisoners council addressed the Jury. he
maintained that the prisoner was the unfortunate
victim of circumstances; he was with the mob, Ioi
Gs roteT but ss a peacemsScr-was called TO Tire
soene by friend whose furniture was IN danger;
lie removed the barrel !som the arch, thus SAVING
irom destruction.
the Distyicl.A'tornev remarked that this case
had been washed into the Courts from the tide OF
riot that surgod through the streets during the
memorable week. He read the law dthnlng TioN,
showing that any gathering Of three or more per-
tumu!uor.y collected In The street constitutes
not. He loalee the CONSUMPTION law, but mob
hsd no night 10 resist il. He held that the prisoner
was only kept from burning the arch by tie inter
ference OF wAits meu eudeavOIiug TO save tGeir
property. 1t WAS fortunate for tie pIeoncr To-; he
moved We earIelf, q Is piSh; stood Of tie bar
70 af.x = fort No. fra OF No.
Afsr some further romsrks from the Difirict At
torney, tie Recorder, 10 his usual terse and clesr
manner, deiued Tie law and recapitula,ed the
evidence.
lie charged tina. the case before nc Jury differed
from those that preceded il. II Oh the night IN
question, three or more persous met near tie arch
and excited terror, then that ,eetiug WA not;
snd If the prisoner was Of such party, met for
unlawful purposes. then he was rioter. While be
lthe prisoner IL entitled 10 any reasonable doubt,
the verdict should not depend upon speculative
doubts. The testimony Was before them, ana they
must decide.
The Jury then retired and shortly af,erward re-
turned with verdict Of guilty. In compliance with
the wish Of the prisoners counsel lie was rem@ndsd
for sentence
TRIAL OF THEODORE osTrRsToCK.
, Theodore Osiershock, charged with not, was
next brought Up. Tie DietIict Attorney called ny
Mr.. Henry Nerplark who stetcd that be was "a ri.
waite walcDman; ne 81 y The rioters on Greenwich
street. or the lith Of jolly; net them near hs drug
store; there were about three hundred persOns
smashing 10 windows and do)rs; he left because he
did not wish TO be caught there; witness rocog.
nized tie prisoner as Que Of The parties present;
hi not bear Alid say anyhpg remembered bis aih-
0avlt, ana some Of II WAS wrong.
MIR. Samuel Roseuer was next called. He is a
shoemaker Nc. IGl Greenwich street; LIS plac, Of
business was broken into about l0l o'clock q. shi,
tie mob broke lis door and lis Windows; he lost
over $500; knew the prisOner lived near him.
Mr.. John Schmidt was tLen cLlled-He keeps a
laQer be,r saloon IL Noe. ~ and 80 Greenwich
street, be saw the crowd; about dny had bricks IN
their bands; il about lOi o'clock AZ the time Of
the attack on tho ehoe store; Two hours after tbs
attack was made on the drug store; this Lappened
in Greenwich, between Courtiandt and Liberty
streets
Cross.examinod-Kaow the prisoner; Jaw him
frug bricks into the sloe sto.e, and then ssw hin
taking away boots and sho.s was over the store
when it wac being ked; tt mob got tbrOugl in
about LGlf sn hour saw the prisoner 70 IN tie
siore saw him 60 ont of the store saw lin = OF
with boots; Ead been t.1ed for murder; Ban Rose
II his private room.
Cross examined by tire pis,riot-httoiuey.-W
mesa pad been accused Of killing rioieI; the Grand
ury lad dismissed tie charge never hsd been
troubled about IL since the Coroners Investigation,
IL happened on tie night OF The no; when Ilo Wiz
ress Was attacked ty the mob.
Geo. HelGen liyel a. No. II CCurilandt street.
he ard tie mob about IO o clock ut pight; tie
prisoner ut his place that ught snw him on s4'ur-
day night H. his store tArea's were made BY prs
cler lat Liz Iwilnosssj i.soc would be turned ~
ride out.
Mr. Wm. Robinson terrified he had been li,u'e-
urnt IN he fruy; Was dignity acquainted viii tie
prisoner Slw bin OF Sunday, when BIO was
brought before tie magistrate lie wsH' u VII
ness agalust the prisoner IA another case.
Cr0ss-examined Prisoner W3s partially into1i'
Gated OF the time Of bis meeting hiQ on ile sh'urAy
IN question. The District Attorney ssld tle l1'oueF
was q native Of Ieusy lvania, 81 years " age.
circus rider by profession lie IL a good'"2sihg'
fmoo th-iacot, and weldreesed NAN, wbose ieatSts
give 10 iualcation Of TIC cnGo with Which he =,
clargto.
Or. Whitehead was called for the defenso-saw
the pri.oner on the night OF tho lsthi wa N his
store about - inmates; The mot hal commenced the
ssckirQ Of Roscuers store at tle time prisoner en-
tered; prspper wos near him during the line oi the
attack On the store be tie Insog sr) wns IN front
of the siore at tue time OF tie attack.
Cross examined by tue Dis.rict-Atlorney-I be
riot was in progress WHEN the prisoner arrived 1t
N, store, and continued after be heo lef' the rio.
Continued for about IN hour; The liitoner was IN
front Of his store ~ minutes.
AR. Anderson, counsel for tho prisonCr, tlen
asked the Distnct-AttCIDey on what ebGrge be was
irving the prisoner
}Ihe Distiici. Attorney ead II wa, for d rot.
Mr. Anterior sGid the indictment contained ouly
charge Of grand larceny, but when tie document
was read il provided Tor prosecution for riot ago
Mr. Anderson then ad6r'frsd the jury for ihe
defense. lie pointed on, what te conceived 20 10
deoTepaucY u Tie evidence, and dwelt Ou TIC fact
that DR.. Whitehead bad u1qualiicdly cOllra1lcied
the cE'imony Of the principal wness for he people
and declared it wss impossible for any one 70 sen
The crowd as stated from the room. whcIo Schmidt
said lie vi nesfcd il. To claimed tho aCquittDl Of
the prisoner, as the only witness ogsiast him had
come INTO Court with he hands rCddeued with she
HOOD; Of Il fellow-cresture, and be lad sworn, Iko
q bose wretch, 10 an occurrence which respectable
citizen testified it was physically impossible for hin
TO have seen.
Tie Dis,rict.Attcrney in bis addr'ss 10 tie ialy