The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-14
THE TOMPKINs SQUARE RIOT.

Trial OF Christian Mnyer-A Indictment
for FelonfOus Assault, with Intent
XIII, but a Verdict OF simple Assault
and Battery.
The great Tompkins square riot, which was re-
garded by SO many with painful apprehension as
the possible Introduction OF q COmmunistic regime
and repetition here OF the wild scenes OF fury and
bloodshed marking its brief reign in the French
capital. seems likely as far as the Courts are
cerned, TO dwindle into. an affair OF the ut
most InsIgnihcance. Christian Mayer was one
of the alleged rioters whose presence on
the 18th OF last January in Tompklns
square produced such wide-felt CONSERVATION.
The. Grand Jury, to whom was entrusted q pre-
hminary inquiry into his case, brought IN against
him an Indictment OF feionious assault upon Ser
geant Berghold, Of the Seventeenth precinct, with
intent to kill The case came to trial in February
last in the Court of General Sessions, before Re-
corder Hackett, when the jury could not agree.
eleven standing for conviction under the indict-
merit and one insisting that 1t was only case OF
simple assault and battery. MI. John o. Mott. the
succeeded IN getting the case transferred to the
Court o. oyer ana permlner, and there was wa,
ter Court, before Judge Brady. Mr.. Mott
defended the prisoner at this second trial,
and, as will be seen by the result as given below,
succeeded in getting veruict OF assault and bat
terry, thus saying Mayer from gong to State
penalty had he been convicted, and making his
punishment at the utmost one year in the Peui-
Tertiary.
In opening the cas-, District Attorney Phelps,
who conducted the case on behalf OF the people,
SAID that he did not propose to try the case as to
whether the people IN TOmpkins square were or
were not Communists or whether they were RICH;
or wrong IN the purposes OF their meeting; he
simply proposed 10 inquire whether the prisoner
had made an unjustidable assault on the Sergeant
of Police.
MIR. Mott said he should second the District At.
Sergeant Bergholl who was the first witness
called Tor the prosecution, testified that the police
were ordered to clear the square, and small body
OF men with banner made some resistance, and
one OF his officers was knocked downi he ran to
aid him. when the prisoner came behind him and
struck MIN on the head with hammer; he turned
round and chased him, when another officer
Ofiicer Cooney said he saw Mayer running from
sergeant Berghod, who was bleeding, and
s sn%oNsa Maysn e blows auer TESTIFIED he
After long but iorcble opening by Mr.. Mott
he called the witnesses for the defence, the first
witness being Mr.. Smith, who belonged TO the
same society as Mayer, and who testll ed that he
saw Mayer on the ground and two policemen club
Ferdinand Rapp testified tnaI while they were
standing quietly, without knowing that the police
meant tnen to go away. the sergeant struck Mayer
over the shoulder and another policeman struck
him again, then Berghold caught him by the
throat and struck him again; then Mayer took
the hammer from under his coat and struck Berg.
hold right IN front, not rom behind.
Carl Johns, who belonged to the same 0rganiza-
LlOu, COuuTmeu k6pp'S Sbd1eIueut.
Theodore Enrich and Albert Biedmann con.
frmed the other witnesses Tor the defence, espe.
cally III the fact that the striking by the police
was without warning and without prOvOcariOn.
Henry Schlater. stranger TO the association,
testified that the sergeant had hold OF Mayer by
rne throat and was clubbing him; witness got
blow himself.
number of additional witnesses were called
and testified to Mayors peaceaUle character.
The above closed the testimony on both sides,
when Mr.. Phelps summed up with his usual force
and energy, insisting on q verdict in accordance
with the Indictment. Mr.. Mott in his summing up
gave most searching analysis Of the testimony,
and cOntended that only verdict OF simple AS.
sault could be found. He closed with most eo-
quent appeal for the prisoner AS usual, Judge
Brady's charge was model OF fairness. He in
structed the jury as to the various degrees down
to simple assault under which they might bring III
q verdict and at The same time instructed them
that the police had no right to commence ASSAULT
ing the people without notifying them to leave the
Square.
rne jury retired at two O'Clock, and after being
out only q short time brought verdict Of
sauIt and battery Upon application 81 Mr.. Mott
the prisoner, who, together with his friends, was
overloyed at the verdict, was remanded Till this
morning for sentence.