Year: 1864

SthtcS Stfcuit CO0fts


Before Judge Nelson.


MAY "a --Tn Unite States against John W. AndresUS-
The trial Of this long pending this morn
ing and resulted In the conviction and sentence Of th
prisoner.


Andrews. according to his statement 10 Judge Nelson
10 thirty nine years OF age, OF intelligent countenanco
and evidently OF very temperament He 70
81 ectaby clad. and presented all the appearance OF
well educated person. He is lawyer by profession, and
has fine command OF rguage as be proved in two ad
dresses be made in court He represented by Mr.
Edwin I'll nkman, who assigned 10 tho duty OF do
fending him by the Court.


On tho calling OF tho jury panel several jurors were
set aside by their own admissions, which disqualified
them sitting the the ef ct that they had
pressed opnios OF the guilt OF the accused Almost all
freely admitted when tpterrogated that all parties en-
gagged In the riots Of last year we guilty Of crime
but they mad not all formed opinions adverse TO tho
prisoner but were unbiased and FREQ to consider and
return vfdict IN accordance with the evidence there
was not much ficuliy 10 eettng jury.


Mr. T. Ielaneld smith rected the indictment and the
various counts embod cd in It, under which the prisoner
was charged. Tho nui rtment which was founded
the OF conrreas of July al. 1901 three
counts The prncpa one that of levying against the
United states was Abandoned and the prosecution went
oDl to the second and third. which similar In meaning
and intent Ibe third count fecited that John w. An
drews did ON the 18th day Of July, In tho State and city
OF New York, and within the jurisdiction OF the coart
with great number OF other persons did ccDspire TO-
gether by force, with arms guns pistols and clubs 10





the United States entitled an act for enrolling and call
ing out the national forces and for other purposes" &c
Tho District Attorney then briefly referred to the
evidence he would present in support OF the Indictment
and called Gs arst witness


Captain jenkins Assistant Provost Marshal OF the
Ninth Congressional district. comprising the Twelfth
Nineteenth and Twenty second wards or tho city-He
had orsanzed July last the Board Of Enrolment for
OF the 18th OF July the Board in session. and
about proceeding with the draft, when, about twenty
minutes to eleven O'Clock stone thrown through
the window into the room followed by voey OF stones,
and in two three minutes the Office cleared OF
officers and all, and in few moments after that tbs
building sot fire and destroyed that terminated
the proceedings Of the Board there, which
benjamin f. Manierre, Assistant Provost Marshal for
the Eighth Congressional district at his headquarters at
l,lS4L Broadway between Twenty eighth and Twenty
ninth streets the 18th Of July had organized the
Board OF Enrolment at ten O'Clock every member OF tho
Board being present At twenty minutes to eleven
they adjourned to meet the following morning. but the
afternoon the promises In which they had
burned and they never met again for the purposes Of the
draft.


Morgan r. Brewer, sworn:-Was lawyer; recognized
the prisoner, Andrews; him for tho first time tho
18th July him for the first time that day, be-
tween twelve and ope O'Clock on the top OF shed at the
corner Of Forty sixth street and Third avenue; the
o h the sr'
that morning, together with two or three adjoin
ing houses, were then on FIRE; Andrews was
about three four thousand people tho street around
him; he making speech to the crowd around him
could give the exact words but give the sub
of what he said He by congratulang
the crowd what they had just accomplished that they
words "Tho draft was intended only 20 operate against
and oppress the poor that II was illegmate and un
just, and that the people owed TO themselves to put
stop to IL, and in order 10 stop It they must arm them
stroy the provost marshals Offices. the books and
wheel, aud every paper connected with the draft or
enrolment that they should destroy the custom House,
lead them that he would lead them himself That was
about the substance Of what he said far as witness


Mr. smith-what did the prisoner and the crowd then
do or either Of themg A. He got down OF the shed and
through Forty -slxt b street towards broadway.
Did you observe anything else the crowd did before
they loft that vicinity saw them tearing up ID.
arning themselves with clubs, &c: tho crowd were
tearing up the fences getting clubs breaking up piece,
club in his hand as they proceeded down Forty
sixth street they turned down towards ayonue
and short time after that, in less than half an hour
houses 10 Lexington avenue, between Forty frat
and second streets were burned from there they
Forty ninth and Fteth streets aud attacked and
burned Allerton's hotel


Samuel r Buck, Jr., examined-Is secretary OF the
Staten Island Gasght Company saw the prsoner at the
bar, John w. Andrews before to-day II was In July
last iuet Provost Marshals place was burned Ia
Forty sixth and Third avenue him first stand
the lot towards him. there were about dozen there had
clubs the crowd was hurrahng and shouting on every
side; each side OF Andrews had hold Of his arms
there were about six hundred rersons around him.
Q. What did the crowd do A. Some in the crowd





were going to have speech; they leading him to
the shed the Of the street, he got on me shed
en- e with Sm
fireman. with his hat IN bis hand; a.. nr,,o~ss wss
The crowd and told them tnsv had done well
they had to do yet that the draft MAS Tor the
poor man. to take him away from his wife aud children
aud that should be put down. that 1t was Illegal and II
they mad leader he would be they made such
noise and cheering could only hear word nov and
the shed, they took him down; the crowd pu, him ou
their shoulders and carried him Gcross tho street when
noy e' nn nun bav tool ne him n,p Fort, - street.
don't think when he of the shed there were more
than twelveor neen clubs among them but he was not
down fifteen minutes when the picket fences commenced
TO down like lightning and In ten minutes theo
were thousand picket fonces In every mans hand they
were hurrahng and cheering and following Andrews
every where he went after time he passed down.
think Lexington avenue followed on the ether side OF
the way. tho crowd folowing after him, and breaking
the lamps they went along WHOM got into Lexington
avenue heard the CRY Of fire. Andrews went back and
when went back saw them tearing down two stone
Andrews stopped and looked al them, and went to the
opposite side OF the way, and when he started they al
1 went away after him. / saw him TIL two ladies came
on, Of the burning houses, when went 10 them, and
Cross examined by Mr. Bapkman.-T did not see the
prisoner tearing down any Of the houses watching
him all the time IN The hope Of getting from the crowd
Calvin Pepper examined by the Ds.ric. Attorney-saw
the prisoner a the bar on Monday the 18th day Of July
him at the Gre in Third avenue corner Of Forty





ERround he was then harangung collection OF people
was there qusrter OF an hour before noticed him.
first him In the vacant lot opposite the burning
houses ho was addr tho people and ryng 70 col
Fleet thsm apparently that was before he mounted the
Eshed: went up close 10 him. and, hearing him melting
Fths people, felt 70 be my duty 10 stay by him; he
L said no would address tho people.


O. Did you hear him say he would address the peopo'
a. Yes.


Q. That was before he went the shed A. Yes; he
1 said he would speak 70 them II he got convenient
place. and in the crowd shouted OUT Cet on the
shed' he then went towards the shed aud the crowd
gathered around him, and they helped him on to the
shed took my position close to the she'd as near as
possibly couId, and heard the whole OF what he said
from the csmmcncement to the end he commenced his
BY congratuatpg those present what had been
Zone be stated the draft was oppressive, aud detgned
~ The ich against the poor; that must ne stopied
nd would be stopped, and just about then suggested
DO person me 10 ask bis name; think thoJ
hsked him his name but he made direct repy that
heard the question repeated several times ana ~
Fast he sad "You oil have heard OF Henry Wise, on
Virginia. how hc put down the Know No g.; was WIN
Wise through that campaign. aud his ultimate riena
and companion he then resumed hs discourse; ne had