New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-08-10

i,oner coming down the stairs with hair mat
tress valued 1T $40. The mattress was subsequent
ly identified BY witness In the basement Oh
house on the Eigbth-avenue
Cross-exauined BY Nathan Nesbit, counsel for the
prison.r-Wash confessed IN the learing OF witness
that he took the Mattress and said that he was pass
ing the building when man put pistol TO ms neso
and forced him 20 join the mob; they gavo pun ue
mattress and made him carry it of. As soon a. ne
got away lie threw it into the basement Of the house
where 1t was found Witness lost other mattresses
| Re-direct-1he here were about one hundred peepie
10 his house, and seven or eig hundred OUTSIDE VI
it. Could not identify tho prisoner. Was tod "
parties that the mattress was thrown into tue oa e
ment.
The District Attorney then read the prisoner
statement that be was in the house OF Mr.. Glb'on'
At The time, and VS. compelled TO remove Tie na'
Uess. No.,
Mr. Thomas ". Carey, doing business AZ 81,
Fourth avenue, said the prisoner wa. man " eoo'
character, had worked for witness severai YEAR
never knew any other charge preferred sgai's' MN
Had worked for witness the dag III qleehon
mat when he left his work 10 20 home lie wa'
pressed into the crowd. lie knew the prisoner Wa
an indus mons aud su, ported ms mother. =,
John Smith, a dealer III boots aud shoes, IN MOI
,ireet, gave the prisoner good Character DAD
kno M him for ten Year,.
Cross-eXnuined-iat only seen the prisoner ten
or twelve times during the last two years.
The District Attorney called off rer Rider who do
posed that 10 was not near Mr.. Gibbons's bouse at
the tine Of the sackiug, and did not know the
time Of the attack. Mr. Gibbons being called
ssid that the sacklag Of Ills house was between the
hours o: D and o clock.
CONFERENCE.-The went out TO get An evening
psrer.
A Juror inquired whether the place in which the
mattress was found was the resdeuoe Of the prison
eI or not
The District. Attorney replied that it was not.
~. fort ha
addressed the jury. He made An earnest appeal,
Dwelling the fact that the prisoner WIS compete "a
- no into the house and forced at tie peril OF Lis
life TO remove a.. property. He said it was a
cnrous fact that the rioters who got mp this DIS
turbance TO oppore the Conserip,ion act proceeded
at onco TO conscript every psscesble czen, ana 70
force him to JOIN them Ia TIER schemes oil Assault
aud plumber.
The Recorder called for Mr.. Carey, who came for
ward and deposod tia. be could not exactly siate
the time when the prisoner returned. lie went
home 10 dinner every day ne near q, he can stare,
the prisoner reached his shop about 3i O'Clock ne
len again At dark and returned at ~ 10 remain
in the stcr, IL needed 10 protect IT,
The District Attorney then addressed the Jury.
He desired in ell cares TO put matters fairly beiore
ia. Jury. The pri oner had able courssl. The CAGE
,urued upon email pivot. II ne 1.-THE prisonerj bad
been COZ scrped the laws takes notsce OF the act
The danger is that every prisoner msy claim Me
sam. excuse and II IL dflcnt to sift tho iacts lie,
the prisoner admits that he took The mattress bn'
there occurs discrepancy ~ to time. Dir. Carey
,ta.es tha, the prisoner e the shop about one. aud
retuured nj 81 In tho afternoon. Mr. Gibbons swears
that bis b0uss was tacked between the hour OF :
and 6 on the afternoon in question. The evening
rapers are publ sled at all hours during the alter
noon and Mr. Gibbons left bis house IA he states 70
buy AZ evening paper. .
fiji. Honor the Recorder said that the evidence
Aruinst tue prisoner was his own statement. II he
-. (.rd he IL a.
There IL q discrepancy in resreci to tfDei 10 nl'
iudguent Their. ia a doubt respecting the quit OF
the risooeri If tie jury have that doubt taey af'
hound 70 give the prisoner the benefit OF 1t.
The jury After an absence Of ten inmates came u
With veidlct Of not guilty, wbereupon Tie IN"
oner was discharged
To court .Aen adjourned until 10 o'clock on Mon
day.