New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-08-06

| ford g. Tieston, was next sworn. The witness wac
evidently under great embarrassment. aud fear, ana
gave bis testimony in very incoberent manner.
lie said the man whom he saw coming from the
dock with pair Of pants on his arm looked like the
prisoner, but he could not positively identity Dim.
He thought his hair was little different from that
of the prisoner, longer, and inclined TO curl. lie
was sitting the gate when be heard the alarm
and eaw the negro running. He did not witness
the assault. Had no acquaintance whatever WIN
the prisoner. cross-examination failed to ehclt
any new testimony.
One Of the jurors inquired If the prisoner had cut
his hair since his arrest. No direct answer was
gwen. Frederick Cleeman, q German was next
sworn. He gave his testimony through an interpre.
ter. He saw the prisoner on the day OF the ASSAULT
on the negro, had seen him few days before when
he the prisoDerl came board Of the vessel where
he was and asked for something to eat. On the iosh
of July he again met the prisoner on Warrington
street, and was invited to drink with him-at nrsi
he declined, when the prisoner became angry and
he THE witnossl afraid TO decline further 70
he crank with him-the prisoner then said that ne
had killed negro by throwing him into the river
He the prisonerl had clothes his arm. VIZ
ness saw the wet clothes in the prisoners possession
The prisoner sftsrward visited the vessel, where
witness WAS aud told the cook and the captain that ne
had killed negro by throwing him into the Iiver
He thought the clothing consisted Of coat and a
pair OF pants. Witness vessel lay at fier No .,
North River.
Cross.examined by Mr.. Anthon-The police OIL
GERS brought him from the boat 70 give testimony
they asked him what he knew about the beating OF
the negro; he said he knew nothing Of the occar-
renee but some one told him Of II; could not re-
member the other questions the officers asked they
asked him if he knew about the negro and inc
loafer; did not speak English; the officers usedno
threats to 1et him to testify; but they told hiu ID
the house he would be punished If lie did not testify
about tho matter; they did not state what PUNISH
ment lie would receive; they brought him TO big |
house, where he saw the negro and the loaler he
returned TO the boat and remained there till Non
day last since then the officers brought himto
house; he did not know where; the officer told mo
he would get money, "a his ship had sailed; they
told him that it was in the newspapers that any one
who could testify would get $500.
The witness was here handed affidavit, 10
which his was appended, and which he roog'
nized as bis signature. The affidavit III English
and the interpreter made its contents known 10 TIE
witness in German. In i. the witness was repre-.
sented to have stated that the prisoner, with seyera
Others robbed the negro.
Cross-examinaiiOn coninuei-Spoke about the
wet clothes Oh the prisoners arm at his former e1-
animation
Mr. Anthem then called tho notice of the Court g.
discrepancy In the evidence. The witness had
stated nj time that the prisoner entered his hp
four DAYS before the negro was robbed anu alter
ward he stated il on tho same day.
Re.exauiued by the District Aitoruey-1he oil
Gers spoke Of bis being punished for not giving eyi
dence because he might 20 away IN biz rhip; could
not tell whether they made tbe remark tocause oil
bis denrc 30 leave, the ship was TO sail Yesterday.
Richard Raw, N foreman rievedOre on Iicr No.
n. H., testified that he knew The prisoner; saw
him on the day the negro robbed, at 4 O'Clock
IN the afternoon coming out Of the dock, did not 80
him with a daggerreOIype, was near him o, The
time but did not speak 20 him, saw the negro
cav ling under the dock saw Marshall fret, am
then the negro; was At the Pier between and =
when the occurrence over; saw har-hsll ais
aboni an hour gftorwGrd, on tie corner Of Mor.'
and West streets, spoke Of tie occurrence 20 Nh
jackson AID Mr. Moore, saw the prisoner NJ til
station house and Identified lin there.
JOSEF W. Cornell was pexi sw0fn-lls testified
be kne The prisoner: was oilo-T 81 Tie Twenty
fourth pIccInt; arrested Marshall tho lhuTsday aits
the affair, ia boat nj tie corner 81 the pe - .
tho pier. the prisoner jumped rom >, hlu.
ben wiine.' ..oPPed h!9 !Ss s siiisss or attempt,
ing to drown a negro told bun to stop beioFe ~ I
arrested him tie prisoner would not Do 'o. ana wit
ue.. drew be revolver and brought bin 10; dii mol
tell the prisoner that 10 would be saved - ycsfs
im1r.,oament II ho told him oil he knew told bin
il would be better for him II he would tell wherc
the watch and clothing We're; might have drank
with the prisoner hilerNafdi 80 might nave uf"Hh
more than once with hiin.
The Recorder here stated that be would not allow /
any coniessious as evidence where inducements had
been held ont % make them
Re e1nuliasd by tie Dislfict-Aiopey-Ih prs
ooet when hs taw witness about ~ start across
M. street: half minute elal OIL between the time
he called the prisoner AID The time be presented
pistol al bin.
R..cro.,-examined by NJ. Anthon-Di lot know
tina, there WAS blood money offered III The Gaze
heard tim, the Mayor bad offered u reward for the |
apptehenrion OF persons engaged Ia The late Iiois.
The Recorder announced to the jury that lie would
no, admit the evidence OF The last wutss, as he had
held out Inducements 10 tie prisoner.
Inc Dislrici-Attorney here resied the case 'or TIE
pro,ecution after which be made An able and elo-
In answering QI.u- |
Ineut advanced by M Authon, and pointing out
with great force the facts that the negro positively
Identified Marshall OF his Assailanis the pris
oner could pryo no satisfactory account OF himself
he sckpow LEDGE he was with the mob who attacked
the negro, ho was identified by Ray, one OF the |
wituosses who saw him coming out OF The water AZ
the dock few moments after lie had seen The negro
cuwliug under the wharf for shelter, &c. lie
smoke OF three clements ia The rot-resistance 10
he draft hostility to The cOored race, and thicylng
There was a congress o; thieves In this city. This
..nt, of things prevented witnesses from giving !
their fall TESTIMONY through lear.
The Recorder charged the Jury TINT the indict- |
ment WAS one for robbery IN the first degree. Under
that indictment the Jury were N liberty TO CONVICT
for an assault with the intent TO rob, or for All As-
ssult and robbery or for assault He then gave
concise and clear statement Of the testimony, 10
which he referred 70 the straightforward stalciheh'
Of the negro and gave the case TO the jury aitei
an hours absence, the Jury returned Win Nefuiu
of assault and battery and robbery.
Mr. Anthem asked Tor posiponement OF The sem |
teucs He thought the verdict did not accord with
the expectations Of the Dssrict-Attornoy The Re
cordcr said he would postpone the sentence Of The
nrsoner until Saturday. lie did that without com
hitting himsefn favor OF agains. the verdict. The
Court then adjourned until Friday.
RIOTERS INDICTED YESTERDAY.
Tho Grand Jury presented, 10 The Court Of Gen
srnl Sessions Yesterday indictments against the fol-
rowing namod persons Tor the different crimes COM
United dining the riot:
Uspry s.msn arson 10 the hrS degree
ia, calvin Arson In the frat degree.