The New York herald., 1864-05-25

49, lou 4. w IL Ii
and how many after the eect, A. I noticed but yer
oN oel fs tue sieech and pr baby there we're thnu
sa.us atef the speech. The projected 10 abou
Irts snrst street and Lexington avenue they ut mad
n't about lhity-nrst street, then Apdrew tired 4
lo'm hen iuto conpsne, e. marshal them iollpwet
tue mob all the me aud eaongh to Andrews tC
lay my hand on him auy time went away TO- a yery
short time; In the meantime the aas crowd further
up tue street that increasing fast; there a ew
.nefe lnen heard cry that they were TO 60 to the
! q When the cry was riised to seize the mai and
take the arms where was Andrews? A. lie vac thee
coso 70 me be SAID 10 % the arsenal they keep
together that II would not do 60 scattered; be
ATTEMPTED TO marshal them, and soaswbat succeeded
ana tnen they commenced march towards the arsenal
on the way they broke into Aliorons It on
ntei they partially got together again. and con
the mob, before they got 10 the corner OF
sixth or Seventh avenue and Forty.nrst street
had thinned Off good deal good portion OF them
bad lett gone somewhere else; ri tie corner Of
broadway and sixth avenue they commenced sttiag
one sde and commenced a conversation with him, , !
he very suddenly left me and walked away alone; few
OF the mob followed him. But he walked very last. and
| joined person whom had him particularly with
before they bo walked very fast, and followed at
some distance camo TO the head OF large body
OF men that were marching down the street-Ihty rst
| street. think; 1t the most formidable body
hat vet seen, and when Andrews came up they re-
ceved bin with shout he projected with the crowd
| which, after marching couple Of blocks, c'me
| TO honse where they stopped ard cheered for
| Mcclellan; there was q shovel carried by some one
| with tho inscription 1t, "iown with the draft
When Andrews the shovel with the inscrption lie
said eyes we viii put down the draft this tmsn From
there tho mob wen, into Broadway. then they
menced an onslaught on the provost marshals building
| The Court--While this was gong on where was The
prisouere A. Ripnt there and ,vas right beside hm
Q. Did you SEQ him thefe them A. Yes, SPOKE
| to him.
| Cross-examined by Mr.. Bankman-Q Did all this
time sec Nh Andrews commit any act Of violence A.
| No, cir, except what he did IN words
a. speak physically: did you him do any physi-
| cal vioence2 A. No, sir.
Q. Al any time had lie a club his hand9 A. Not at
| any time
O. Nor a weapon OF any kind9 A. Not that saw he
said he would mount a horse if they got him oneP
! lhis was the prpcpa portion OF the evidence One
other witness Called who present at Forty sixth
street at the movements OF the roters and who listened
lowed tho mob for considerable portion Of the day,
roboraed in particular to the words and acts
OF Andrews tho les mony OF the other witness.
This closed the for the prosecution.
Mr.. Bankmau, in 5le speech, addressed the jury
IN behalf OF tho prisoner
For the defence no Witnesses were called.
JOHN W. ANDREWS SPEECH.
The prisoner then obtained address tho jury,
+ which he did as foows-
May please your Honor and Gentlemen OF tho Jury
When came here today did not anticipate uttering
necessary now after the able speech Of
my excellent friend who has defended me here. SO far
as individually concerned. perfectly satisfied
with what has transpred here oday In connection with
my sase.
moment relative to the events OF the 18th July 1868.
wish TO speak word here relative TO my action on
that occasion, and what shall utter sir. is truetrue
In the presence of my fellow in the presence OF
peers, and the preserce Of that higher authority at
| whose judgment seat we shall all one day appear
Geneme1 OF tho Jury-On the 18th OF July 1S63 hap
to be, about twelve o'clock in Broadway In front
Of the New York Hotel, when heard for the first time
somewhere After talking and conversing with some of
my friends for few moments came TO the conclusion,
rs had seen riot TO 60 there and be witness to
| that transaction. Without any single object in Wow,
without any Intention in any way whatever to connect
occasion, without any feeling except that which based
on principle my own political opnions-wh'ch will pro
much may sufcr. and / will proclaim them
| as long as tho blood crcuates through my
veins, which blood given TO me by my fathers
freemen and sovoregns United cf America.
The constitution throws Its broad ags over every ndi
power to protect mo under that principle which il de-
cres emphaticay that mans free speech shall not be
that We have the right 70 discuss the actions Of
rulers-of those who represent us-that we have
right 70 debate and criticize and 70 oppose any law
passed by any authority Whatever. However much
Congress- may pass laws, ], az citizen. may form
my opinion and estimate Of them and have right
judgment. and TO express my opinion thereon DO no.
decide for others however but decide for myself and
Ions. and when that liberty rs taken away from
taken away from any single ndiv dusl-hen gentlemen
OF tho jury, simply say 70 you that II strikes deep
hit to every organization and every nstitusion-into
). a. the the riot ASou. .wss. o'clock that
day was aoccsted by some who happened to know mo
iOf am known generally y the oily, Tor have made
people of every class 20 and talk to everybody, and
they political principles, because have always
sir, and they shook hands with me and they asked me
without hesitation, and, indeed proclaimed aloud that
make speech esss sir to 30 S s1eu,sd n
| intention whatever Of joining them or having
anything to do with the movement beyond looking on
But, SIR was confronted by those individuals, whom
did not know but who me- and they demanded that
should speak to them and caught hold of me by
one arm and another caught me by the other arm aud
they carried TO the shed aoitns roiens. l mounted
that shed. gentlemen. for am not one of those who
being placed in position TO purpose. shrk the
| sponsbility ty-not afraid TO express my opinions
for gentlemen % never yss "r,a saw that s.an man %, on
from expressing my opinions Even tortured a. have
been seized dragged from my homo and hurled into the
opinions, have % Yet never hesitaisd 70 express my
OPINIONS and so help mo Cod go long as my heart papi
@ Sn he n con
sFracy n be resistance TO the government to express
my opinions freely, then indeed | am guilty. But
| l ask you, gentlemen whether not you have high
authority, the highest authority in the country, for de
nounciDg the conscrp,ion a. eea You have gsntsmen
must havo a sacrifice, and they have selected me- But
after the expression Of oprion ON that subject by the
always allowed, agceably to the constitution that It
Is the right OF man in this broad country so TO
i spe,k-when you have high authority like that up
holding me In tho position have takcn, say still
| claim the right and the privilege under that con
under foo-to express my opinion on ali topics they
must not charge me with treason. Me with treason TO
the c0nstitutnnr0nson 70 that noy ana sacred d0cu
mont which revere and vencrate-treason TO IT, never
Treasoni Why, while here IN New York-(a native OF
Virginia; ct my rativo State; lest every dollar pos
sessed by the rebo )-whic here, nevor connected
| myself with single oue-never communicated with
one In The Southern confoderacy but have cut myself
away from friends and relatives Of every kind both
Of party, friends and Of blood aud yet without single
sembanoe Of chance TO bring tho testimony OF an nd
vdual. On the excitement OF the moment others come
ard without a single undertake TO tell what
uttered on that occasion And thus strike down the
first principle OF your government and you convict me,
mt
20 you stab yourselves 10 the heart viii
| tell you what said. They were assembled in
passed by any state people, attempted 10
bc imposed upon people but yet say 10 you observe
the constitution give not way TO this violence. pro
claimed 20 these whe tho houses burning that
they could accomplish nothing by violence that dis
| organized mob did and could accomplish
hita fnd ihnnn hoy tlnnrr