The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-03-30

T&e July NfoS.
\ nDss ACQUITTED IN comsnQu ENcr ov DsvDCr IN
-. MDsUrAmnT- gRIeONRn kxAAEDKD FoR
2anW SRaAL, nrC.
Cogns o. oDsRAI s.sxcHa
Raess Recorder HOFFMAN
Nmss p-rss morning, n Ne osv-@ ssss0ns :
pcses Burke, ro~srfnny haDs man ~ss pAcoo ~ me
1sss ss Gssa a. - inAsss.sas - ~ssssy y. " nss
ssussa ne court rson cwded with spectators, IN
sssseaaspoe Of tho prser havias gained considerable
s,r,~s, an one q 90 leaders q the mob during ~
s1s4s - last yss.
Assietass District Attorney Robert @ BuschiDgs ~
SsassS ses tne prosssoa and Joase Stuart for NJ
aasesce,
~ BsicAings, opening the osse. stassd shss NE
pSssosev NE bar vas charged with having esossd
nssey from Mr.. Samuel Dcwu me lSsh q July asst
sss gray Z g. Is. sss % mob
M Samuel Down then called % the Stand ana ses
sasd ~ foiowsl reside o. 70 sIy w. 0,@
Ssssss whsre manufacture gas metres saw bsree OPP
1910 my ball door The 18th o. July last be was 90
svsv horse and had drawn sword In biz hand; there
Vsrc . number Of with him IN the strees; two o.
sNeeeo The crowd called oot "Tbere goes Mr.. Down.
~ BurSe asked ne,her the Of the proper
svi said was Burke said, "Do You want the factory
ope hasarsa doIiarsSI answered, 81 have not cot
n Burke thon said LET me have dirty dollars said
Ell not got that amount either" he said, well
low much have got ~ answered, About twenty
eve or thirty dollars p Burke then eaid, "Let have
aAat" out my pocketbook and found had not got
% mach and told him should have 70 90 round 70 the
sce and get 81 round 10 the factory, which y IN
- Of my houses coming back and opening the
han Burke MOT there but two three Of the
crowd called him. and he rode back: handed him the
noncy, and DO asked me how much there Was; tod
him thirty dollars; he asked n 10 an right; said
Sss, he might count IT, was induced 70 give him the
nsney 70 tho factory from being destroyed by tho
nsb; saw the mob tue sidewalk. apparently waiting
orders, but did not them commit any ol
vbessnce there were about one hundred Of thsm
Cess examined by ex-Judge StewaYt.-Q How msuy
toSsbavo resided IN that ward H. About twenty.
~ or twenty Six years
~ a JurymaD-Q. Did you ever know The prisoner AZ
- bar before that dayf A. No, SIR.
- Recorder said was very clear 70 him that there
0oed BE- conviction for robbery In the degree
charged The Indictment, but that there might he for
aad larceny, which would be for the jury 10 determine
Mr.. Hutchngs, after short consultations with Re-
AesAor Holman decided 70 abandon the prosecution and
Ared bis Honor 70 instruct the jury 70 render verdict
- nos guilty
NE Recorder addressing the jury said they must
Earn verdics Of mot guilty IN consequence Of varl-
between the proof and the Indictment In his
q Ne the there could be conviction under
ehe present Indictment, which could not be sustained
shs statute clearly defined robbery the FIRST degree
~ property under the fear OF great bodily harm
- the present case il had been shown that Mr.. Down
ave bis money 70 his factory from destruction
The prosecution wished 10 follow up the case they
nust reindict the prisoner. at'
verdict of "Not guilty. returned, and the prs.
enes Semanded as Mr.. Hutchings announced that the
1sssyet Attorney Intended 70 frame new indictment