The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-06

NJ Bowel tho complainant. was then sworn, and tes-
titled that he lived Worcester Massachusetts 70
New fork on The OH Of July night OF tho lo&h OF
SSy a me. friend m the city and intended 70 70 70
bAInu'n . museum with him, and after walking about
some tihe sal on the steps OF building near the Cy
ha-the Comrtroier's once, whilc sitting there tho
Sess ~ tne TWO prisoners came up and threw him en
ms back while the other told him put hIs hand
0ve! me- mouth 70 prevent the police being called Tor;
surned MS pockets Dsde out searching for money, he
was quite positive as TO the identity OF tho prisoners
Orossexamned by Mr.. Jonas y. PhiliT~-iad only had
Two gasses o lager bier 10 drink that afternoon when
ne was sitting ON tho stoop his friend In eating
house 10 Spruce street had becn sitting there about ten
minutes when the prisoners up; could swear posi-
lively that the taiiest one Of tho two ole his hat
he recorder IN charging tho ury, SAID tho main cues.
on 20 90 decided IN this case was simply OF fact II
sne were satisfied that the two men did really Ako
n wels nat from him by force and violence they must
BRING them IN guilty OF the offence charged the ndct
Tho jury after remaining out about thirty minutes,
brought IN verdict Of robbery tho st degree against
The Recorder before passing sentence on she prisoners
asked ~hae1a had TO say for themselves Both pri-
:ss,n .ons,s rather :. loss how 70 answer the
peared poba6Testhat they had ccme along here from
Philadelphia and had no settled home After leaning his
pretence Of wiping something from his eycs, conway
frightened up and looking The Recorder full In the faco
told him that he had an old mother living at 1877 avenue
pertnently asked him Why he had not thought of
that circumstance bcforeS Conway again hung his head
the tale The Recorder then said that but short time
previousy he had sentenced young boy 10 the state
prison for ten years who had been guilty Of the same
offence OF which they stood convicted. They had been
found guilty OF heinons crime having committed rob
bery with violence within tho very shadow OF tho City
Hail. II was q OF which an example ought To be
made and he should therefore sentence each OF tbem
fifteen years confinement in the State prison.
o as senra a se
court room, but silence was speedily restored by tho
officers.
ASSAULT AND ROBBERY OF A NEaRo
The next called that OF Joseph Marshall who
placed nj tho bar under indictment for robbery In
the hrst degree II charged him with having assaulted
and robbed negro named Charles Jackson the 18TH
Of July last at pier No. North river and afterwards
throwing him into the river.
This case very sngularly exposed tho fslacy Of the
statement made by Horace Greeley that 1.-The Irish were
after the negro" tho prisoner, Joseph Marshall hang
from Lowell. Mass, and being consequently o fellow
Charles Jackson the complainant in this case an In.
tegent looking coored the FIRST witness placed
the stand His head and face sl bore marks OF the
violence with which he had been treated Being sworn,
he testified that the day In question he was on his way
from the Howard House 70 pier No North river; he
street, as he wanted 70 20 there he offered
company him, and on reaching pier No. man ran
across the street and cried out, Here comes
Niger, here conner q Diggers' second man-the
prisonerthcn ran across the street, and called him
"a black Of a bitcn,n and said he would give him
he'll almost at the same moment he was knocked sense
less by brickbat striking him on the head; a-whte
his skull atestcd 70 the truth of this Statement
Whle down nc was kiCkeu AuOut lne ana hbu
badly beaten he was then robbed OF portion a his
clothing, daguorreoype of his wife, and about f36 10
Treasury notes after having bean .ssauod and robbed
quenty during tho last two Or three months witness Was
employed a waiter at the Howard House, and At tho
time OF tho occurrence was on hs way TO the Newport
boat
Cross examined by ex-Judge stuart, counsel for Mar
shall-was going from the Howard House the time;
IL was about four O'Clock In the afternoon, and
when pier No. North river two men caught
hold Of him. one Of whom was the prisoner,
ea h<,s hal hat.
pie about al the time II happened tho 10Th OF
July last next Marshalrabout week afterwards at
police had not boon told that he OF
tho men who robbed tho oncer said they had
cd man who they thought had thrown him overheard
and robbed him. could swear that Marshall ,hs
second who had his hand on him.
Mr.. Joseph Moore, night watchman for Messrs Spot.
ford TIcston, being sworn testified that he did not
know tho prisoner, but he was IKE man ne knew !;
thought he the he knew who rcsembed the pri
about four o'clock the Wednesday afternoon
tho the pier about two three rods from
where he (the witnsss) sitting did thsoccur
between the crowd and the negro mover
spoko 10 Marshall and could not swear that he was
the did not notice him very particularly Tho
witness was IN hieh state Of excitcment during tho
whole time he on the stand and caused much anuse
ment by his evident desre 70 the Court that
be had only noticed going along who looked like the
prisoner and carried pair Of black pants his at
the time.
Dedrich Kacmcrcr, ship carpenter, being sworn,
said he knew tho prisoner, but could not tell when he
him nrst but believed u was the 18th o July last,
when the crowd bad the negro sw the prisoner IN WASH
ington street on the 18th o july when be- asked
drink with him. witness refused on which tho prisoner
became angry, and witness finally consented the ppso
then told him he had killed negro the and
he had bis wet things his arm al the time prisoner
wards repeated the story In the presence o.
witness aud the cook % the vessel " which witness DO
logged his vessel at that time lay at pier No. North
river ali he aw o the occurrence was from Tho deck a
his shp and he only observed that crowd had negro,
VIII they we're beating u took place Ia the next sup,
pier No he did not see a negro ia The water.
Cross examined by Mr.. Antboo-Nhen the police o.
ncors went for him wtness be told them he did not
know anything about the trouble with the negro, except
wha, somebody had told him. the witness, who gave his
evidence through the Interpreter sad he could
dcf-and number Of questions asked MIN by the o.ars
IN consequence % bis Inability 10 sp AK English;
threats tfsd by the officers 10 get hm 10 testify bat
house 10 which iey took him they said he would bs
pun shed ne I'D not testify they did not hat tho
pun sImcnt would be they took him 10 big house where
b. saw the neero and the loaer meaning the
he renamed in the boat after that until Monday last
when the officers took him 10 house but he dId moi
know where the officers told hs would Get money
he chip had sailed and he had stopped behind TO es
tfy on this trll.
beng sworn, testified that no knew the prisoner could
not say whether he him before the negro occurrence
der dock ., pier No did not that he had any
clothes with HIM did sot speak 10 the prscner there
Dot any one with him. saw the negro get on 10
pc " stones directly alongside tho place where Marshaa
got di 30, the between the mob and
the negro saw Marshall about hour aferwards and
sr1ke u Mr. Moore and Tom Jackson about him had seen
Marshall since that time AT the r0mbs, whsre be den.
tiacd him among other prisoners
Ponce 0mcer CORNELL Of the Twenty fourth frecirct,
dny tef TIE negro was beaten, arrested him in bfat
pier 10. T. at the time q the arrest prisoner asked
what a tor told him 4 for beating and throwing
The negro overheard
Crss c6amincf-wbcn prisoner was told 10 stop h.
beng arrested witness drew hs revolver u make
him fetch 10 on their 10 tho station house might have
told him hc would very nsely be sent 10 state prison.
mlsht have had one drink with tho prisoner Their way
10 the station house
Re difcct-rold prisoner IL would BE- better for him
be wouh tell him where tho stolen propsrty vas.
The said he should exclude any dencs which
A INV uf to the
lice 0ftoer
Cfoss ctsmloattun continucd-Dd not thai thsre
wa b0o1 money orsred In THIS czsc bad heard q tho
offered BY tho MAYOR for the apprehension and
convgti0u of pcrsons concerned IN the iats riots.
THIS ci0sed the eyldenos In ths case
Mr. Antbon, In summing up for tho defence, claimed
the discharge be pfsoosf IN Consequence of error
tho indctmsnt where tho name u the complainant
was written johnson instesd u jackson 30, this
point bad already besn ssstisd beween the District At
iornsy and Judge Stuart also engaged tbs doeoos
II decided that ths case shoad 20 the jury On its
meris. The learned eDunsel tben vest " speak ~
the e1cte~ot prodoced IN the pubic mind ~ Tho ate
riots, rhleh ~ belsvsd had ~ yet been bot slightly