The New York herald., 1872-10-13
THE PATENBURG RIOTS.
Close Of the Case for the
Prosecution.
Tho Witnesses TO Be Given an Opportunity To-
Testify IN Their Own Defence Discharge Of
Two Of the Negro Prisoners and prcb-
abls Discharge Of Two whits Nsn-
Hugh Cassily's statsmeut-A
Strong Fight TO Be Mads
for the Prisoners.


for the Prisoners.
FLEMINGrON, N. J., Oct. IL, 1877.
From the manner OF the Prosecuting Attorney
this morning 1t was evident that there was some
thing OF more than ordinary Importance on hand,
and when the nine white prisoners, accompanied
BY the three negroes were marched into court,
the few curious spectators who had assembled
were on the lookout for some new developments.
The majority Of the prisoners looked more hopeful
than usual and evidently anticipated . speedy
and favorable termination OF their troubles.
The three negroes were kept apart from the
Irishmen in corner by themselves, and
the two parties eyed each other continually
| through the short sitting which was had to-day.
Confinement seems to thrive with the colored men,
| as they presented more subdued and decent ap-
| pearance than when they were first consigned to
prison. Justice Durham took hts seat on the bench
| at halfpast nine O'clock and the counsel on both
sides ranged themselves either side of the table
| which for the past TWO weeks has been appr0-
| priated to the representatives Of the press.
The active Kuh and the depressed Bird appeared for
the defence, and the gentlemanly Chamberlain and
the Father OF the Bar, Allen. for the prosecution.
Mary wolverton whose direct testimony given yes
terday xamined this morning II heard the
man who had the gun-and who told the crowd as tney
ssSs eS OF
s wsc 70 aaSs e s
Miss Aplar and myself were between the village ana the
think the rest Of Ss av crowd had them back
s!ors tie last who passed the place ne return
S @ he .n w u Se
our r. @ q hs I no n asR M n
view Of showing who was in III from appearances
Kelly II he Inn men not e so
| JAMES M'FALAND's TESTIMONY.
James Mcfarland, mason, was the first witness
| placed upon the stand.
i de-. q a the
d ms IN but
among the prisoners on Of them was Quinn don't
ses m i've
ss On
was sd there ere part o Fds an saa sM all
White farm house whsre they sold e
the
there very small man with hm-about the smallest
tain, Where was, and told me about the riot and that
soad
The witnesses for the prosecution being all ex!
%s e
| Kuhl asked for an adjournment, on the ground
that counsel for the defence had no intimaon that
| such course was to be pursued, and as they had
had no consultation with the prisoners he thought
| 1t would be unfair to bring them upon the stand
berain insisted that 1t was proper to examine the
prisoners and that there was no necessity Tor them
Mr. Bird eloquenty supported his colleague Mr..
Kuhl ana advanced unanswerable arguments why
an adjournment should be had. MT. ALIEN
said that his own opinion was that the defence had
right to call witnesses for the defence though, h6
said the privilege had been sometimes denied him,
The duty OF the Justice is limited, he said, and IL
not for him to pronounce upon the guilt or in
nocence OF the prisoners; his duty was merely to
or not The prosecution did not pretend 70 ex-
anime the prisoners under oath, and he admitted
the peculiar position in which the counsel for the
defence and the prisoners were placed, and he
recognized the justice OF Mr.. Birds remarks ana
wond not oppose the motion II the District Attor-
Mr.. BIRD thanked Mr.. Allen for his generous COM
ducc, and asked for an adjournment until Monday.
ASKED FOR THE DISCHARGE OF JOHN BOGUE,
on the ground that sufficient evidence had not been
there was already sufi,cient evidence advanced not
only to hold him but to convict him. An applica-
ton was also made for the discharge Of George
Milburn and two OF the negroes, Yates and
Thatcher. Mr.. Allen would not oppose the motion
regarding Mlburn II the latter would give security
prisoners as would be held and so far as the two
negroes were concerned, there being no evidence
they were discharged accordingly and left the
Court Sammy Wilson, the third negro was re-
manded back to prison, there being very strong
HUGH cAssrpY,s STATEMENT.
Mr.. Kuhl asked what disposition was to be made
whom not an iota OF testimony had been advanced,
and much amusement was created a., IN Cours Dy inc
lively sketch the old man gave OF the way ne came
He said II wuk on McFadden's job, near the ould
Presbyterian church and was at home In my bed on
the night Of the riot and until nine O'Clock the next
Sunday morning. knew nothing OF the row until
heerd that white man had been cut up In pieces
like butchers mate BY the naygurs. am q going
come to be arrested. On Tuesday morning an ould
called on me where i boreded, and We.
don't deny 1t. I'll confess my faults before the
Coort and while was drinking applelack in
s M
tould me the white men had burnid the nayger
snantees, and robbed them Of their effects. said
YOU cut are the MSe a IN peee
ike butchers mate you black snoozer you.w
He said something more to me about what
again, "You lie you nayger. and II | had you be-
hind wood and gun In my hands would put
you from telling lies In Q hurry again." ! don't
know anything more until was arrested, and did
not know where was brought, for when was
going into Jail here thought / was going into q.
tavern. The Sheriff told me would get good
as ! do myself. l heard afterwards that the
"nayger'' had sworn against me- but he has left
the country, and when he is not produced against
me don't see any reason why you should held
me-
Mr.. Allen said II the prisoner would give surety
prisoner is q stranger and has no friends In the
district he may have difrculty in procuring bail.
As It is manifest Injustice TO hold him he viii
probably be discharged.
The Court was then adjourned until nine O'Clock
on sunday morning, when the most interesting
days session yet held may be expected.
THE LATEST WARDS ISLAND SENSATION.
Death OF Amelia Kleiber-An Ante-NTor--
tenn Statement Made and Pocketed By