New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-05-02
ACoUITTAL OF ONE OF THE PATTENBUR
RIOTERS

ACoUITTAL OF ONE OF THE PATTENBURG
RIOTERS.
The trial of David College upon an indict-
ment for the murder OF Dennis Powell, one of the
seven prisoners confined there for the murders OF Dennis
Powell, Oscar Bruce, and Ben. Deshman, which oc-
Cured during the riot AZ Pattenburg on the ga OF
September last concluded yesterday in the Hunter
don a. JJ County Court Of Oyer and Terminer. The
case against him not so strong as the public was
led 10 believe the fact that 800 men were engaged in
the riot and that IL occurred in the daytime when
number OF the rioters might be easily recognized The
great difficulty, however, rested in the fact that the
people OF the ncghborhood nnder threat against
their lives and property, which caused them TO conceal
whatever they knew adverse 10 the prisoners. There
were however, few exceptions upon which the state
relied 10 secure the conviction of David College. They
proved by John Bryant that the prisoner told him ne
had compelled in fear OF his life 70 join tho rioters
ana that they had killed three negroes. Jacob Apsar
swoTe that the prisoner said TO him. I'VE have Killed
three negroes" Other witnesses that they had
secn College following the crowd, and William Buckley
testified TO having seen him the spot where Desh
man was murdered The defense, however proved
Bryants reputation for truth and yeracy was bad and
also showed discrepancy in the testimony OF Apgar and
the probability of Buckleys being mistaken because he
was badly frightened. The defense did not place the
upon the stand but rested their after
eloquent opening by r. s. Kuh and the examination Of
Il
his argument on the part OF the state and made fair
prescnment against the prisoner. He was followed by
" Voorhees,, esq, for the prisoner, who did much 10
InIpar the testimony offered by the State. He cited
some authorities Justify the prisoners NOT going upon
the stand and closed his argument yesterday morning
| al 10 O'Clock.
The Hon John r. Bird made excellent speech, and
al the argument few doubted the probability
! OF an acquittal. He followed by Mr.. GEORGE \.
Allen the part OF the state, and at the close OF ms
argument the Judge charged the JIry that they should
find the prisoner guilty OF murder III the rst degree il
he had formed intention 10 KILL and was present or
participating the killing. This he thought the evil
dence did support He further told the jury that II
! the prisoner compelled 10 join the mob through
fear he innocent of crime that was committed
long he acted under genuine and great fear His
charge altogether the strongest speech that WAS
for the prisoner aud after talking to the jury for
hall hour lac sent them ont TO deliberate upon the
evidence. They out scarcely half an hour when
they returned with the verdict OF not guilty" The
prisoner thereupOn discharged, and is now walking
the streets, evidently enjoying the liberty o which he
| has 50 long been deprived.
The case OF the state against John Bogue next
called by the Prosecutor. BOgue Is the second OF the
who 10 be tried for the murder OF the three
negroes. The jury has been mpdueled, and the trial
| Will DO opened to-day.