The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-23
THE TOMpKIHs SQUARE RIOT.


Joseph HoeAlicher. One Of the Alleged
Rioters. Tried in the Court OF Special
Sesstons-He IL Sentenced to Three
Months In the Penitentiary.
Never was the Court Of special Sessions more
crowded with spectators than yesterday MORN
ing-Juoges Morgan, Kilbreth and Fammer pre-
sding-when the case OF Captain Edward Walsh
and Oficer Patrick Walton against Joseph HOef
nicher was called for alleged riotous conduct and
assault and battery, on the 18th of January, in
TOmpkns square. The benches, aisles and pas
sage way OF the court were packed with large
numbers Of respectable German people,
VINO TOOK the most lively personal IN
terest In the case, although to the ma
jorlty OF them HOefscher himself was compar-
ativey complete stranger. Captain Walsh was
the first witness called to the stand The prisoner
was charged with melting riot The Captain
stated that there were some 1000 5000 persons
hallooing and shouting and Hoef1icher In their
midst The Captain was asked II he saw the
prisoner commit any overt act. He answered, mo-"
Officer Patrick Walton was then called. He testi-
fed that, when ordered by Captain Walsh to dis
perse the crowd, he was In the rear rank and
Hoehlicher was IN the northeast corner OF the
square: He ordered him to leave, when Hoenllcher
raised his cane and struck HIM on the arm twice.
Counsellor Price-Did you not hit him with your
cubS
Counsellor Prlce-Dd you not knock him DOWN.
Oficer-Yes; when he struck me with the cane
took and gave HIM the hand and foot" and
The Court questioned him as to the attendant
circumstances, and he said there was great deal
OF excitement and Hoefilicher was prominent
Sergeant Bercnold next appeared. He saw Hoef-
1lcher knocked down and also saw him strike
BY the Court-What did Hoenlicher dor What
palt did he take IN incitlng al lotf
GArn nnf- Whnn GIAAA J,,b1
said IN German, "Aroeiter, otet0t zusd'aaNee'sn
(WOrkln1men, stand together).
Judge Flammer.You understand German and
heard him say this2
Sergeant-Yes, and heard him say, Don't
leave the square" He was cross-examined at
any overt act was shown except the lifting OF the
cane.
Hoeflicher was then put on the stand in his
own defence. HIS appearance was the very oppo-
site OF that OF a rOter He IL over fifty years OF
age, somewhat rheumatic, with thin, attenuated
countenance, indicating Intelligence, ana gave his
testimony clearly ana with apparent honesty He
said he was 80 far from being leader, as charged,
that he was not even member OF the society that
day. He had come from BridgepOr. some TWO
months ago to look for work, beng u wood turner
TO address the people in the snare that 9ay and
went to hear him unattended. When the police
made the rush On the crowd he raised his cane to
avert blow from club, and the expressions
attributed to him he denied tn toto.
He was questioned by Judge Flammer as to his
connection with labor organizations. and stated
that he had never struck man in his life unless
attacked, and was educated on the principle ITO
live and let live."
Judge Fiammer-Did You go there with any in
tention Of fghtng or exciting others to do sOP
hOAm1cner-NO, sir; no. Sir. went 10 hear
Mayor Havemeyers speech to the wOrkngmen.
am peaceabe man. and have been peaceable
man all my life, and always respect the law.
Alter Mr.. HOeff1icher left the stand three men,
named George Hauser No. 800 BrOOme street; Fred
er1ck BuchstOrf, President OF the 'Gruetli Bund,n
and Philip Muller, came forward as witnesses to
prove character. They knew HOeffiicher TO be
strictly honest and Industrious wOrklngman. The
association with which Hoefncher Is connected is
not professedly wOrkingmen's association, but
social and benevolent organization, formed among
the natives OF Switzerland.
All the testimony being in, the Judges held long
consultation, and Judge Kilbreth addressed Coun-
sellOr Price as follows the prisoner
has been tried on the charge Of melting riot Are
you Wiling that the same evidence shall stand on
the charge OF assault and battery?" Counsellor
sented. Judge Kil0reth then delivered the opin-
Ton OF the Court amid profound silence :-"Hoef-
ficher on TINS first charge the Court are Of opinion
that you went to TOmpkins square the day OF
the riot with peaceable purpose in view,
and had no intention of melting or
taking part In any riot; but the Court
feel that, while they are obliged to acquIt you on
the charge OF riotng, you were very wrong in not
pursuing different course when the officers re-
quested the crowd to dispense. 1t was your duty
obstacles their way, and not to argue with them
We therefore find you not guilty on the charge Of
riot On the charge OF assault the Court find you
guilty, and sentence you to three months IN the
Penitentiary.n The excitement among the
audience was intense on the rendition Of the judg
ment, and some confusion ensued, which was
promptly suppressed, as usual, by the officers.