New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-08-13
TRIAL OF THE RIOTERS.
The Assault on Thu Tribune Office.
THE CASE OF JAMES H. WHITTIER.


against them. These were the final indictments Of
the Grand Jury. The following is a List: !,
Frank Fizpatrick-murder
Adam Charmsn-three indictments, riot and assault ano
battery.
Mag Magic Wnlism.-u.nd larceny.
VIM stsnton-asssult and battery and riot.
Mary Wlkins-grsnd larceny.
Nancy We.brook-burrl.ry and grand larceny.
Charles Smh-grsnd larceny
George Smith-burglsry 6tst degree
WIN. 4. Smth-grand larceny.
Thomas MOlet and Patrick McKeuna-larceny from w
VIM. Rigby-o,tempt st arson at the Arch.
James Mc3uire-petit larceny
Peter McGough-robbery IN tine frst degree.
Samuel Hog-n-ssssult and battery.
Thomas Grace-maD, laughter.
Henry Flbein and Mary Personal---very..
VIM. Butney-murder.
VIM Ce-hr.e charges Of riot and assault and battery.
Ulysses E,y-srand larceny. s..
Geo. Farrell John Murphy Thos Muichay and David Hen"
nessey-juvene thieves
TRIAL OF JAMES II. WHITTIER.
The case of James II. Whittier was called, when
heavy built, stclid looking man, of medium hight,
came forward.
Edmon Blankmon, esq., assisted by r. s. Tharin,
Mr. Howe and several others. appeared as counsel
for the defense, and Samuel b. Garvin, esq, As.
sistant District-Attorney, for the people.
IMPASSELISd OF THE JURY.
The process Of impanneling the Jury was eome-
what interesting, and a number Of Jurors wero
challenged peremptoriy by counsel for the prisoner.
For instance Mr.. Alfred Decker, the cashier of ths
Camden and Amboy Railroad fwbo said that he
didn't tread THE TRIBUNE y was set aside as beng
incompetent, 1t having trarspired In the course OK
his examination that he bad expressed his opinion
pretty strongly about rioters generally. Mr.. Decker
also put the pertinent question 10 the counsel Gan
you find that has not" Mr.. Henry B.Ackerman,
who cid not read THE TRIBUNE, was summarily se.
Ms de by the defense; and Mr. jacob Basch, tho
did read TIE IRiBUsE once in q WHILE" was also
rejected. Jurors were asked if they knew any Of
the members of The TRIBUNE Association, or
whether they Tread an account Of the riot IN TaE
TRIBUNE" TIE following Jurors were sworn:
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OPENING OF THE ASSISTANT DIsrRIcT-ATToRsEY.
Mr.. Garvin, Assistant strict.Attorney, in OPEN
ing the case to tue Jury, said II the Court please,
gentlemen Of the Jury, this is al indictment against
james ii. Whittier, charging that on the BIN day
of July, 1863, after ~ on that day. that this man,
together with hundred or TWO hundred others,
was engaged in what is called in legal language O
riot This iiot, gentlemen, was simply continue.
ton Of what bad commenced earlier IN the morning.
To tie astonishment Of almost everybody In the
City of New-York, when there was buttwelve hun
dred military in the city to put down any dlsturb
ance that might occur rioters sprang up in various
parts Of the city. attacking individuals, buildings,
public and private, and before the sun rose on Thurs
day morning more crimes had been committed in
tins great metropolis than at any other period of its
history since lie earliest foundation. l presume,
gentlemen Of the Jury, that set of men, no band
OF citizens, 10 form OF organized eoclety was ever
30 taken by eur rise IA the citizens Of this great
metropolis during Monday, Tuesday, and Wednes-
day. From the time that these riots commenced un-
til peace and security again returned to the City Of
New-York, 10 man was cafe ~ walking our
streets after dark, and Thousands 'houSands were
entirely unsafe in walking the streets IN broad day.
light from morning tall sunset. saw myself scenes
OF violence On that occasion that made NE trembe
from head to foot, and there wGs hardly man in
this metropolis but what go alarmed thsc
murder, arson, crimes without number were COM
nitted IN bis presence, III his bearing, AID In his
neighborhood and dare not raise his voice or his
hand against The commission of these of-nses.
stood Oh Forty fourth street and for three long
hours ana couseryator of the peace | am, and
have been for years, bis houor on the bench and
others associated with him in the administration Of
Justice, stood and saw rapine and plumber, the
carrying away Of personal property the burning
down Of buildings public and private until there
seemed 10 be no end 20 the destruction that wac
going III this great city OF ours. No policeman
showed his face. No man dared TO say word and
saw five hundred little children running Ike
sheep and lambs down that street.
Mr.. Blankman here interrupted the prosecuting
officer, Directing TO the line OF remark which Mr.
Garyn was naking
Recorder Hotn.an--The Dis,ric,-Attorney viii
re his own judge Of the manner Of opening Lis
care.
The District Attorney resuming-The matter that
is to come before You to-day Il only small piece Of
tie transactions Of the days have spoken OF. After
these Transactions had gone on IN the way that
described in the afternoon Of Monday, The TRIB-
usE Office, The Times Office, and all the newspa-
pers in ths neigh borhood were threatened with
being burned down; and one question you are TO
try to-day is whether you will tolerate IN COM
munity like ours, or any other community, an at
tack upon any individual or upon any building con-
trary TO the forms of law in which he imperis not
only the safety Of your family, and the safety Of
my family. but the safety OF all public interests,
the trampng down of all the legal rules by
which our personal property and rights guarded
| shall chow you TO a demonstration and won't
ask YOU infer single thing in reference TO Ills
defendant but WI show you beyond all manner
OF doubt that this very defendant was the who
lei the mob against The TRIBUNE ana Iimes
Offices on that day. will show you that he stood
up there the ader OF the mob and that he called
on those men 10 tear down iHE rRIBusr office, ses
It on fire. aud 10 take the life OF an individual whose
name he mentioned IN connection Win the not.
shall show TO YOU beyondal manner Of doubt thae
this man did what is charged In the Indictment. liz
| do not want you 10 give hlm the benefit OF tho
doubt on this trial. but if show you his guilt be-
yond all manner ofdoubt then ask you III you have
doue before stand up courageously and convict tits
man, and let him take the conscQ uences OF bis
own crime. lie stands indicted here to-day for this
oiiense and it 10 for you TO say whether he is guilty
or innocent of this charge. Gentlemen-l Trust Is
will not be said BY this community hereafter, when
you have rendered this verdict, that the vioiaors OF
the law have gone UNPUBLISHED. II the Office Of
The N. Y. Herald is attacked and Mr.. Dennett's
life is threatened or II The Tunes office s attacked
and the lives OF those men in that building are
threatened it is your business and mine to see who
ever does that is punished. II The IRIBuSI office
ia attacked and the lives of the in that building