New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-07-25

James y, that ON the 18th day OF July 1862
John Flpatrei now oos,s b,,reea Am,y
snd streets to tie great disturbance OF the puoe
peace u Willis, beirr duIv sworn. depose. and says.
that on the day Of July 1863 he John fpatrcS
now here Wooster stes u.ng threaten ming sosvs .pa
behavior, with intent TO provoke breach OF US
peace whereby breach of the might be
the said defsnden did then and there cry out Loudly III '
street to " kill the damned niggera"
Counsel claimed the prisoners discharge, ON me
ground that the evidence on which the prisoner was
committed did not establish the fact that the prisoner
had assembled with others, with intent, mutually
to execute some private objects In violent ana
turbulent manner This was Wbarton's definition
Of not and riot was statutory oense, but only
one of common law. He therefore claimed the
prisoners discharge.
Geo. W. Blunt, IT,, Assistant District Attorney,
opposed the notion snd submitted that as the EVIL
oence of the police officer and another witness
proved that the prisoner WAS at tho head of the riot
in Amitv street.. urging them on, and shouting,
" kill the damned niggers," be shoud he neld.
Judge McCunn decided that on the evidence be-
fore him. he could not hold the prisoner, aud there
fore ordered his discharge.
In the case of Wesley Adams, arrested for rob-
bing WIN. c. Kingsley Of gold watch in Second
avenue car during the riots, the Judge reduced the
prisoners bail from $500 to $780, Bail being on
hand and accepted by the Judge, Adams was Ib-
Grated.
Despite the opposition made by Assistant District.
Attorney Blunt, John Fitzpatrick and Edward
Sbaaren, arrested FOR riotous conduct, were dis'
charged the Judge considering the aidavils INSULT
Gent to hold them. For the same reason, John
Fay, Montgomery, Myers, and Marsh, said TO be
notorious Phiadelp ha thieves, were also set at lib
er;y. They were arrested for beating and robbing
a soldier in the City Hail Park.
Thomas Ostertock, charged with breaking into
store in Greenwich street, during the riots, was
brought up on habeas corpus, the Judge reserving
bis decision.
The case Of John Reilly, committed to prison by
Justice Kelly in default Of e, 900 ball. on charge
of breaking into the hardware store OF Mr.. Parr,
on the Eighth avenue, also brought before McCunn,
is still held under consideration. reduction Of
bail is asked fer.
Patrick Coleman charged with being one Of the
plunderers of Brookss clothing store, was CLEO dis.
charged The Judge deciding the evidence insufficient
The Assistant District Auorney ssys that the
Ii Judge keeps him constantly dancing attendance at
lie Office, putting of the cases from day 10 day, and
IN come instances has discharged prisoners without
I giving him a chance TO be heard.
/ For months past tho City Judges Office has been
besieged with soldiers brought up writ of bateas
corpus, and it is said by those who bave kept an
eve upon bis doings that lie has discharged al least
TWO regiments of enlisted The main point raise
was that they were minors. Hundreds of these
have received tie bounties offered, but we do not
know Of a single instance in which it returned.
In one case the bounty Was offered 70 Judge
McCunn, but he said be had nothing to 40 with it
and told the person to kept.
Ii is expected that the Court OF Appeals, before
whom the cer,iorar in the matter Of the habeas
pus on the relation Of Louisa Nssh, VIII decide adj
we're to the powers OF the City Judge to issue n
wit of Labeas corprs at Chambers, and thus put a
stop 10 the ndiscrimins,e discharge Of thieves, not
era, and other dlsordshy characters which has been
going on for come time pas, at the City JueSes
Chambers.
uoNr-GUARD Fna THE SEVENTH PRECINCT.
The oitizens OF the Seventh Precinct OF tAis cI y
have enrolled themselves special police ior the
protection Of the lives and property Of the inhsbi,-
ants Of that procuct. The orgnization is dee gned
not only for the present but for TIE future protection
Of tie citizens. Their headquarters is the corner
Of Jefferson and Cherry streets. Tie following are
the o1iceIs Of Ibis organic alton;
T. Is. Wig Pr.sd.E. II. f.. rcIntyre Vice Pre-, 6ssi
Kreck Lesl IT, Recording Secretary. H. ii. Loo. Cor
Responding Secretary; A. Is. hiiIef. TfeasuIsr
MORE RIOTERS AND iSCESDIAglEs ARRESTED.
Thocaas CcoDey, "a large, athletic lrishu.au, was
arrested yesterday BY Officers Taylo and Eldce 1t
Of the TWEEN, y-secobd Precinct, charged WIKI psrti-
cpatrg in the recent riots In bis affidavit against
the prisoner, OMcer Tay lor testified thu, ho fcrnd
in bis possession quantity OF carpet stolen from
Aerton's Hotel, foot Of ForEeths street. h. r. which
was sacked and burned by the moi GU Tuesday, the
l4lh; and further, that Ceoney acknowledged AK.
ing clock and feather bed iIon the burning b tel.
The eccu,ed was identified by Officers Mooney and
Eldeadt as having been engaged in tho RIO. at The
corner Of Thirty street and NiD.h avenue,
where they saw him throwing ,tODes, brick-hats,
and other missiles at tho police and soldiers. Officer
Mooney at tina, time attempted to arrest him, but
CooDeys confederates nteifered, and forcibly res
) cued ham. lie WAS taken before Justice Quicken
bush, and locked up Tor examination.
Wm. Pat,en, an Irish lak ,rer, taken into ems.
tody by Officer SHOEMAKER Of the Sixteenth Ward
yesterday charged with being the leader Of gang Of
rioters who entered large number Of stores in the
upper part Of the city and sfer stealing al they
carry OF, compelled the proprietorS TO close up their
places 4. Ii. Sigler of Nos 3is and $50 West
Twenty-ifth Greet, Henry G. Burr, No 226 Tenth
avenue, o. II. Dunno, No. sos Yves. Twenty-thrd
stpeet, AID John Davis, Nc. 3iS West Twenty-dfth
street., appeared and fled complaints against Patten
before Justice nuackenbusb. From the a1daviJa it
appears taat Tuesday, the lith instant, between
8 and O'clock M, large mob, composed of both
men and boys, armed with clubs, sticks and stones,
called at the Ino,diDg mills Of Messrs. L. u. Sigler
4. 90 IN NLa-i I,ycli x-lliI. cud nv