The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-04
COURT or GENERAL SESSIONS.
The Tompkins. square Riot-AheSed AS
sault Upon = Police Sergeant.

The Tompkins Square Riot-Aiieyed As-
sault Upon = Police Sergeant.
Before Recorder Hackett
Christian Mayer was placed at the bar, charged
with committing a felonious assault upon william
c. f. Berghod police sergeant. by striking MN
with q hammer at Tompkins square on the 18th OF
January AS considerable details OF this case were
published relative 10 the so-called riot at Tompkns
square at the time, Mr.. Mott, counsel for the ac-
cused. asked the Jurors some questions relative 10
1t and their feelings with regard to the crowd and
the action of the police. An Impartial jury" was
without difficulty obtained. Alter brief opening
by Mr.. Rollins,
WILLIAM c. +. BERGHOLD, SERGEANT OF THE SEVEN
TENTH PRECINCT,
testified that on the 18th or January he left the sta
ton house at hafpast ten tor fompkins square, IN
der command OF Captain Walsh; the platoon halted
in the centre OF the square, and was ordered by him
to dispense the crowd; towards the northeasterly
corner there was certain crowd OF men, one OF
whom had a small banner with the inscription
.sThe Tenth Ward Workngmen's Club" On1cer
Walton told them to leave the square, and the man
who carried the banner struck towards him,
but did not hit the officer; the Sergeant then
walked towards the same crowd, and the
first man he met was Christian Mayer.
the prisoner; he told the people they must
saw Officer Walton cnched with their supposed
leader, who Is now serving term IN the Peniten-
tiary; they both fell to the ground, whereupon
the crowd Immediately got round him and Kicked
. at him; the sergeant went to the rescue OF the
officer, and while thus engaged Christian Mayer
came alongside of him and struck him on the head
with hammer INJECTING two scalp wounds, which
confined him to the house Tor two weeks; the Ser
geant said he had not done anything TO Mayer.
Crosse Xamined-I did not see any one strike
with club; the men were making no NOISE, but
everything was peaceaole and quiet.
George Sauer sworn, testified that on the day in
question he saw Mayer strike Sergeant Berghold
on the head with hammer and did not see the
Sergeant do anything TO the prisoner before that;
police formed in a circle and told the men to dis
perse and they were pressing out the crowd at the
time this happened; he saw the Young man who
carried the banner strike an officer. This closed
the case for the prosecution.
MIR. Mott, IN opening
THE DEFENCE,
claimed that the accused acted in seltdelence
when he struck the blow, and that citizens had a
or large numbers so long as they did not commit a
breach Of the peace.
The first witness called for the defence was The
odore W. Banks. who said he was present at
Tompkins square, and that there we're there from
four to five thousand people; he saw the policemen
clubbing the men, but did not see this particular
transaction. In response to Mr.. Rollins, Banks
said he was to have been chairman OF the meeting
that day, and belonged to the lnternationals, but
was not Communist
Albert Biedermann, a member Of the Tenth Ward
Association OF Workingmen, was called and asked
cation. This question was objected to and was
ruled out by the Recorder, on the ground that he
could not swear That ne saw sergeant BerRnOlu
there. The witness could only say that he saw
Mayer struck by police officers
Jacob Schmitt testified that he saw Mayer lying
on the ground and policemen clubbing him.
Henry Schlueder swore that he saw the Sergeant
take hold OF the prisoner by the throat and club
him, but did see Mayer strike the officer Other
members OF the association testified to the same
effect.
THE PRISONERS STATEMENT.
Christian Mayer, being sworn in his own behalf
testified that the Sergeant was in command OF the
police, and took hold of him; he told the Sergean,
tnat the men would do nothing to the police II they
would let the association go; the Sergeant knocked
the sign OF the organization down, and mounted
policemen and Officers on foot crowded on every
side, clubbing the men; the witness heard police
man cry out, Kill him" and at that moment some
one struck him Mayer on the back, whereupOn
he struck the oficer that was nearest to him with
further testified that five or SIX policemen knocked
him down, and that he bore wounds on his head as
the result OF the beating. Mr.. Rollins cross-exam.
ined Mayer at length and said that the working.
men had been instructed by the ''talkers" at the
meetings to have nothing to do with the Commun.
lists, but to conduct themselves in an orderly man
ner.
Captain Walsh was called by the prosecution to
prove that when Mayer was brought to the station
house he confessed that before the association
went to Tompkins square they were told by their
''talkers' to arm themselves and II the police in
terfered to strike them down; tnat he struck the
Sergeant with a hammer according to instruc-
tons, but regretted that he had done SO when he
found he was German.
Mr.. Mott briefly addressed the jury on behalf of
MAYER after which Mr.. Rollins said he was content
to leave the case with the jury.
The hour beng late, His Honor the Recorder said
he would POSTPONE his charge till morning.