The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-08

n.s ne o.l and not know what passed between
her husband and Sweeney Sweeney came w sssS
snoshngS sweeney then raised his ciencbsd hand ssd
told her or 10 wsa!s Ssmnsa 5000 s
dozen OF came up behind Sweeney ne VAS aDeA1'
with The barrels, and the others eehnd. A..
James Carney witness for the defence, sworn ssd
the prison and the l4th Of July went TO The prison
ers house about twenty minutes to nine O'Clock as Mr.
Judge hal asked Witness Sweeney and another
young 10 hello him remove his farniturc whsh toey
Cross examined by the District Attorney-Had known
Sweeney about twenty years. but were mot any very
grea. friends on the las6 q July in his own place
sweeneys; at eight O'Clock in the morning Was N bed
SICK which prevented him going 70 his work his work
rally laborer; at bis place Monday, being
then too sick TO 60 to work. but went on Wednesday,
going Singers manufactory and ordering the hands
turn out got through removing the furniture shortly
after eleven o'clock II Sweeney went ous after that dd
not know what he was DOING saw the boy carrying the
barrels before Sweeney went In had DO reason for sup
posiug that Judges furniture was in.danger.
Sweeneys house to ask him 10 help him (wtuess) re-
his furniture; a Sweeney's house Garvey and
another young man. they said yes and the whole party
or It, witness slept in Mr. sweeneys house
part Of the night left Sweeney In his bed At one O'Clock
Cross examined-was in his own house tho greater
part Of the day. there rumor that the Arch was TO
DC burned At night saw ,n or me nrss time se
glass OF beer saw every man clearing out Of the Arch
that night, and made me think il % be burned at
that time; between two and three hours removing
bis furniture: got through after twelve O'Clock.
Alice HeGern. being sworn. testified that she saw
Sweeney on the 14th Of July did not speak 70 him. saw
person build fire in Thompson street; there
about a thousand people about; had known Sweeney
Crsss sxsmined-The person sI who built the Are in
Thompson street was one Of tho witnesses. Witness
went and picked out Mr.. Rose
ha An m nm naid he m
scouting Officer felt almost ashamed 20 that the
sent case was the best Of rio, he - yet was able 70
bring before jury. The mighty tumu which ragged and
surged few weeks had tossud up this rather small
TO be acted by the officers Of justice. The
Involved consequences in the Of the
who condemned to death Tor stealing horse the
verify OF thee sentence for such o trHing offence
stealing horse, when the judge told him II not alone
ting the same crime The law in relation to riot was then
read explaining to tho jury that gathering OF three
more persons unanimously assembled constitute riot,
and warned the jury not TO forget that from small gather
acorns grow" the counsel concluded by saying that
not to show his dstase for the Conscrpon act
by mngng In riot and that rights be assert
cd nor laws violated by tumuuous riot.
The Recorder 10 his charge said the present case dK
erred from the other which had been brought
fore them. The other cases were for felony and all Of
them for specific crimes. This one however. was
common law merely misdemeanor. The legal definition
or the term riot was the same as given BY the District
deemed Il unnecessary to say anything '.' 'a'' 40
The case was then given TO the jury, who retired 10
slider their verdict After an absence Of about half
hour they returned and brought In verdict OF guilty
The prisoner was remanded for sentence until to-day Sa
turday.)
Theodore Osterstock then placed at the bar TO be
tried for riot and assault battery being concerned
in robbng shoe store In Greenwich street.
Mr. Henry verplanck, being sworn testified that he
q Waterman in Cortlandt street, and resided at No.
~ or as not see ne T At the store q
at the corner Of Cortandt and Greenwich streets,
and saw them. to the number Of about three hun.
dred, smashing and breaking in Easements, windows
and stores; know the prisoner him walking round
with the crowd; was not close TO the window the
Mr.. Samuel Rosener, beng sworn, testified that he
kept shoe store 161 Greenwich street, which was
O'Clock and over s. 900 worth Of property was stolen
knew Osterstock who lived two doors Off.
Cross sxsmnsd-piS not see the prisoner come into
Mr. James Smith, Keep l57 and l6o Greenwich street;
20 lager bier saloon; was up stairs when the shoe
store was broken into there weTe about ty Of them
they all had bricks In their hands, It was about half
past ten O'Clock the drug store broken until
between Courtandt and Liberty Streets knew the prs
Ostersteck: him the was going about
firing bricks and saw him 90 OF with some boots and
Cross examined-was ip Mr. Rosensr's private room
stock very plainly no the sidewalk IN front Of
the shoe store saw him 60 into the store AND also
him come o1' with some shoes and 60 Of down the street
recognized number OF others 10 the crowd who be had
snoe heard had sf the city witness did not get Of
the property stolen from the store lighted up
the tie did not know bow far she street gas lamp
from Mr. Roeeners store the stores either side Of Mr.
RoseDer's were both closed; Mr.. Rosener was In the
roomwkh Witness; saw Dr. Whitehead standing in
front of his store before the bricks were fred
ferred against witness on Tho night Of tie riot 4 was
only preferred by the Coroner but had been dismissed
n. George heddsn testified that he lived a. = cor
crowd when they we're In Washington street. did
Osterstock with the crowd, but saw him In witness
FIRST place for making threats barvoo the threats
were against Mr.. Robinson, but Il had nothing do
with tho riot the threat was To turn witness place inside
Cross sxamined-he threats were made on the satur.
day night aser tho RIOT Of which no mention whatever
Mr.. VIM Robinson, being sworn, testified he had been
saw Ostesssock before magistrate on tne Sunday After
the riot was In relation 10 some threats hewas there
recognized ny M, RoseGer rnsn charge Of riot was
Cross examiDed-Had been asked BY the prisoner 10
drink with ham and refused when few words passed
The District Attorney read from the affidavit OF Oster
stock that hewas native Of Pennsylvania. twenty-seven
years Of age, circus rider by profession and on,she
night question admits he was there and trying 10
stop the disturbances.
DR.. Withheld, the FIRST witness called for the defence
testified that he kept adrug in Greenwich street
0sterstock 10 his store about twenty minutes that
evening when the mob were sacknr the shoe store. Os
seTsto0k standing the curbstone before his 1.-THE
bcors) store; the crowd took the goods out about
ton or fifteen minutes and during that time 0sterstock
store he took psr In sacng the shoe store there Is
wooden awning Roseners store rendering il i'm
possible for any person 70 another the sidewalk
from the upper windows thought there were about
two hundred people In the crowd; had kns~A.ostar
stock for about five years. and could nosvS mistsk6@e
to his identity.
ossexamneA by the District ztaorney-Tbe riot con-
about fifteen twenty mirutes did not him tfy to
stop fhe riot the oest stort Was the FIRST sacked
Cross -eSamination contpued-OserstDck told witness
he did not think the crowd would trouble him. he had
notorious characters m the basement under his store
The District Attorney 70 summing rp, said the present
pdicmcnt contained all the elements Of the former one
and II was therefore nsaAleAs 10 enlarge It, He gave
brief history OF the eas9 and committed into the hands
of the jury.
The Recorder, In hsharge, adopted the same plan, in
consequence OF HAVING explained the lsga points In
jury After cont nenting the evidence the case
closed and given y the jury who retired consider
their verdict
Amer .ha, sesoncs enc bury broagh. n verdict q