Read Ebook: Account of the Terrific and Fatal Riot at the New-York Astor Place Opera House on the Night of May 10th 1849 With the Quarrels of Forrest and Macready Including All the Causes which Led to that Awful Tragedy Wherein an Infuriated Mob was Quelled by the Pu by Anonymous

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In a card published in the Public Ledger and other morning papers of this day, Mr. Forrest having avowed himself the author of the statements, which Mr. Macready has solemnly pledged his honor to be without the least foundation, Mr. Macready cannot be wanting in self-respect so far as to bandy words upon the subject, but as the circulation of such statements is manifestly calculated to prejudice Mr. Macready in the opinion of the American Public, and affect both his professional interests and his estimation in society, Mr. Macready respectfully requests the public to suspend their judgment upon the question, until the decision of a Legal Tribunal, before which he will immediately take measures to bring it, and before which he will prove his veracity, hitherto unquestioned, shall place the truth beyond doubt.

Reluctant as he is to notice further Mr. Forrest's Card, Mr. Macready has to observe, that when Mr. Forrest appeared at the Princess's Theatre in London, he himself was absent some hundred miles from that city, and was ignorant of his engagement until after it had begun; that not one single notice on Mr. Forrest's acting appeared in the Examiner during that engagement Mr. Forster, the distinguished Editor, whom Mr. Macready has the honor to call his friend, having been confined to his bed with a rheumatic fever during the whole period, and some weeks before and after.

For the other aspersions upon Mr. Macready, published in the Boston Mail, and now, as it is understood, avowed by Mr. Forrest, Mr. Macready will without delay appeal for legal redress.

JONES'S HOTEL, Nov. 22d, 1848.

Immediately after publishing the above, Mr. Macready committed to his counsel, Messrs. Reed & Meredith, of Philadelphia, authority to commence such legal proceedings as they might deem advisable: and, preparatory thereto, he obtained from England the documentary evidence.

As regards the charge of suborning the English press, it will be sufficient here to refer to the Times, Globe, Observer, Spectator, Morning Chronicle, Morning Post, Weekly Dispatch, Britannia, &c., &c., of dates Dec. 13, 14, 15, 16, &c., which have indignantly and emphatically denied the charge; many of which denials have already been republished in the American newspapers.

It appears, however, that when Mr. Macready came to consult his legal advisers, two eminent Philadelphia lawyers, they wisely advised him to let the matter drop, and be satisfied with his reputation. So Macready went South, and was feted and feasted in New Orleans to his heart's content, but to the grievous discontent of Mr. Forrest and his numerous admirers.

In the meantime, Macready had written to England for evidence to prove that the statements in Mr. Forrest's Philadelphia card were libelous; and when he decided to give up his law suit, he caused these documents to be printed in a pamphlet, which however, he soon withdrew from public circulation. There were letters from Edinburgh to prove that Mr. Forrest was alone in hissing the "fancy dance" in Hamlet; letters from the proprietor and theatrical critic of the London Examiner, to show that Macready had not influenced any criticisms on Forrest in that paper; from Sir E. Bulwer Lytton, asserting that he had offered his plays to Mr. Forrest for a fair consideration, and had not withheld them at the request of Mr. Macready, with other equally pertinent documents. But what avail were these? The friends of Forrest felt sure that he had been shamefully treated in England, by the friends of Macready; and whether he was a party to the matter or not, they meant to hold him responsible, and therefore it was determined that he should never play another engagement in New York, and that determination was enforced, but oh! at what a fearful sacrifice.

THE PLOT THICKENS--THE ENGAGEMENT AT THE OPERA. HOUSE--MACREADY DRIVEN FROM THE STAGE.

It must not be supposed that this was the first manifestation of patriotic indignation on the part of the friends of Mr. Forrest, on account of his treatment in England. It was a deep and intense feeling, and was ready to burst out on any fitting occasion. It threatened Mr. Anderson, and in Philadelphia an effort was made to drive him from the stage; but a better feeling prevailed. Anderson was not charged with any ill-will to Mr. Forrest, and the opposition to him was abandoned: yet there were not wanting persons who contended that every English actor ought to be driven from the American stage, in revenge for the insult offered by England to this country, in the person of Edwin Forrest.

But when Macready, who was charged by Forrest himself with being the head and front of this offending, came to the United States, the flame of hatred was ready to burst forth, and the only wonder is, that it remained pent up so long. On his return from the South, Messrs. Niblo and Hackett, who had taken the Opera House for that purpose, announced that Mr. Macready would open an engagement on Monday night, May 7th. Mr. Forrest was playing at the Broadway Theatre. Previous to the commencement of this engagement, Mr. Macready gave a reading of a play of Shakspeare before the teachers of the public schools of New York and Brooklyn.

The announcement of this engagement was the signal for an outbreak of long-smothered indignation. It was determined that Mr. Forrest should be avenged, and that Macready should not be permitted to play before a New York audience. There was a combination of exciting causes--the feeling against England and Englishmen, handed down to us from the Revolution, and kept fresh by the insults and abuse of British writers on American manners--the injury committed against Forrest, with Macready as its presumed cause, and this was increased by the fact of Macready playing at the aristocratic, kidglove Opera House. Far be it from us to justify these feelings--it is our duty simply to state the fact of their existence.

The public and magistrates have been accustomed to look upon theatrical disturbances, rows, and riots, as different in their character from all others. The stage is presumed to be a correction of the manners and morals of the public, and on the other hand the public has been left to correct, in its own energetic way, the manners and morals of the stage; and magistrates, looking upon it as a matter between the actors and the audience, have generally refused to interfere, unless there was a prospect of a violent breach of the peace, when they have usually ordered the house to be closed. In these theatrical disturbances, performances have been hissed, plays damned, and actors and actresses driven from the stage, with whatever degree of force has been necessary for their rejection. This has been the practice in the United States, as well as in Europe, and no actor, in any free country, has thought of acting with a posse of police at his back; much less, a file of soldiers, or a piece of artillery, to defend his rights.

On the announcement of Mr. Macready's engagement at the Opera House, it was determined that there should be a pretty forcible expression of opinion on the part of those who were indignant at the treatment of Mr. Forrest in England, and were willing, for any reason, to revenge it on Mr. Macready. There was, doubtless, some organization of forces, to bring about this result, and one person, the well-known Capt. Rynders, admits that he purchased and distributed among his friends fifty tickets, with the understanding that those who used them were to assist in hissing Macready from the stage. Other sums of money were given, and when the night arrived, it was estimated, by the Chief of Police, that not less than five hundred persons were engaged in the disturbance.

The night came--the house was crowded, and there was an ominous looking gallery. The curtain rose, and some of the actors, who were popular favorites, were received with obstreperous applause; but when Macready appeared upon the stage, in the character of Macbeth, he was assailed by a storm of hisses, yells, and a clamor that defies description. He stood his ground firmly, and the play went on, but not a word could be heard by the audience. It was in dumb show. The clamor rose higher and higher, and as hisses and threats, cat-calls and yells, were not enough to drive the obnoxious actor from the stage, less legitimate means were resorted to. Rotten eggs were thrown, pennies, and other missiles; and soon, still more outrageous demonstrations were made, and chairs were thrown from the upper part of the house, so as to peril life.

The Chief of Police was present, with a number of policemen; but the rioters boldly defied the authorities, and no arrests were attempted. It is said, in excuse, that the rioters were in overpowering numbers, that they were prepared to resist and rescue, and that they had even prepared papers of gunpowder to throw into the magnificent chandelier. A large portion of the audience consisted of ladies, whose lives might have been endangered, and there was nothing to do but to stop the performance. The curtain went down; cheers were given for Forrest, and groans for Macready, and the crowd dispersed.

Mr. Macready supposed that his engagement was terminated. He had no idea of ever making a second appearance; but his friends and the enemies of Forrest insisted upon a different course. He was assured that the public would sustain him, and the managers did not wish to lose the profits of his engagement. Mr. Hackett is a personal enemy of Forrest, and he was determined to play Macready against him at all hazards. Finally, a number of influential citizens, men of wealth and standing, with Washington Irving at their head, wrote a formal request to Mr. Macready that he should play out his engagement, and pledging themselves that the public should sustain him; and it was determined and announced that he should appear on Thursday evening, May 10th.

This announcement, as may be supposed, excited the indignation of those who had driven him from the stage. It was a combination of the aristocracy against the people, and in support of English arrogance, and it was determined that Macready should not play, and that he and his supporters should be put down at all hazards. The lessees of the Theatre were informed that the re-opening of the Theatre with Mr. Macready, would be the signal for riot; the magistrates of the city were informed of it, and were implored to avert the calamity by refusing to allow the house to be opened--for as the city authorities have the right to regulate Theatres, and to make them pay five hundred dollars a year for a license, it was presumed that they had also the right to close them. So thought the Mayor, and so he wished to act; but the lessees insisted upon their legal rights, and demanded the protection of the authorities, and the fatal decision was made which made New York, a few hours afterward, one wide scene of horror.

THE COMBAT DEEPENS.

A riot was anticipated by all who were acquainted with the circumstances, except, perhaps the object of popular indignation. Mr. Macready was assured that there would be no difficulty, and he seems to have believed it--but those who so assured him well understood that those who had triumphantly driven him from the stage on Monday were not likely to submit quietly to his re-appearance.

The mayor, Mr. Woodhull, advised Niblo and Hackett to close the house, and to avoid a riot, and the probable destruction of property and life; but these gentlemen were determined to stand upon their rights, and the city authorities decided, after consulting together, to sustain them, if necessary, with all the force at their disposal. Mr. Matsell, the chief of police, was asked if the civil force at his disposal would be sufficient for the preservation of the peace, and though he had nine hundred salaried policemen at his disposal, and the power of calling in specials at discretion, he gave it as his opinion that this force was not sufficient. It was thought necessary to call out the military.

It has been boldly questioned whether all these extraordinary preparations would have been made to protect the legal rights of humble citizens. Rich and influential men had invited Mr. Macready to play at the aristocratic Opera House. Suppose it had been some third-rate actor at the Chatham; suppose the request for him to play had come from the patrons of that establishment. The abstract question of right would have been the same; but there are many who would doubt whether the city authorities would have taken the extraordinary measure of calling out the military--and this was probably the first time such a thing was ever done under any but the most despotic governments.

The fact of the chief of police declaring that his force was not sufficient to preserve the peace--the fact that General Sandford was ordered to call out a military force sufficient for the emergency, proves that the nature and extent of the approaching riot was well understood by the authorities, and still no means were used to prevent it. It seems to have been their policy to let it gather, and come to a head, when, one would suppose, it might easily have been scattered. Had the police arrested a few of the leaders, and kept a close watch on the rioters--had they taken possession of the vicinity of the Opera House in force, and prevented the gathering of a crowd around it, it seems probable that the peace of the city, and the rights of Mr. Macready might have been maintained at a trifling sacrifice. But a different course was decided upon, and the preparations of the military and police were made accordingly. The chief detached two hundred policemen, to be stationed inside the Opera House. He also placed a detachment in the stable of Mr. Langdon, on the opposite side of Astor-Place, and another body in a yard near by. General Sandford ordered out companies from several regiments, as will be more particularly stated hereafter.

And now the news spread all over the city that there was to be a riot. The warning out of large bodies of military, was alone sufficient to excite curiosity; and yet, in all this excitement and anticipation of outrage, the mayor issued no warning proclamation. There was no one to tell hot-headed and misguided men, that it would be at the peril of their lives, if they disturbed the peace. It is evident that they thought they had a right to prevent Macready from playing. They were doing no more by him than the English had done by Forrest, and they looked upon it as a piece of retributive justice.

It must not be forgotten, that New York, for many years, has been a very quiet city. For ten years, there had not been one serious riot. The principles of law and order are habitually acknowledged, and have seldom been violated. While Philadelphia has been, for years, the scene of the most disgraceful outrages, New York has not known a more serious disturbance than could be controlled by a few policemen. But in this case, every body rushed into a fatal riot, with a mad precipitation. The calling out of the military sent thousands to the scene of conflict, who would not otherwise have gone, swelled the crowd, encouraged the rioters, and contributed to the fatal result.

It is easy to say, people had no business there; they ought to have kept away. It would be hard to show that those who were outside the house had not as good a right to gratify their curiosity as those within. But, right or wrong, we know very well what people will do in such a case. Let it be given out that there is to be a disturbance at any place, and that the military have been called out to put it down, and the consequence will be a gathering crowd, and, if there is the slightest seeming cause, a formidable riot. It seems that all the means used on the tenth of May, to preserve the peace, only helped to bring about the terrible catastrophe.

It would seem, after the publication of the card, signed by Washington Irving, Charles King, and about fifty others, denouncing the outrages of Monday night, and pledging themselves to sustain Macready, that the contest took on a new character. Macready was a subordinate personage, and he was to be put down less on his own account, than to spite his aristocratic supporters. The question became not only a national, but a social one. It was the rich against the poor--the aristocracy against the people; and this hatred of wealth and privilege is increasing over the world, and ready to burst out whenever there is the slightest occasion. The rich and well-bred are too apt to despise the poor and ignorant, and they must not think it strange if they are hated in return.

THE SCENES OF THE FATAL NIGHT.

As the hour for the opening of the Opera House approached, excited crowds began to gather from all parts of the city. Hundreds of men were seen walking rapidly up Broadway. There was a great rush for tickets, and at an early hour the house was declared full, and the sale of tickets suspended. Among the audience in the house were seven ladies. The police were at their stations, and the doors and windows were strongly barricaded.

It should here be stated that the Opera House is situated midway between Broadway and the Bowery, one side fronting on Eighth Street, the other on Astor-Place. The end toward Broadway is covered by buildings, but there is an open space to the Bowery.

But by the time the tumult was suppressed in the house, it had gained its height on the outside. A vast crowd numbering ten or fifteen thousand, had gathered around the building, chiefly in Astor-Place, and by the time the arrests were made in the house, and probably in consequence of some communication between the rioters in the theatre and their friends outside, the house began to be assailed with large paving-stones, of which, owing to the digging of a sewer near by, there was a large supply. The stones crashed against the windows, and in some instances broke through the barricades. After the tragedy was over, the farce commenced, but it was brought to an end by the firing of the military; and the alarmed and excited audience left the theatre by the entrance in Eighth Street, under the cover of the military, while Mr. Macready got away in the disguise of an officer; and mounting a horse, escorted by a party of his friends, he left the city, and the next day took the cars for Boston, whence a few days afterward he sailed to Europe. Before leaving he expressed the deepest regret that he had not refused to appear again, in accordance with his first intention.

From the testimony of the actors and spectators of the terrible scenes which occurred that night, we have selected four accounts--that of SIDNEY H. STEWART, Esq. Clerk of the Police, a man of observation and experience in that department; that of MAJOR GENERAL SANDFORD, the Commander-in-Chief of the military; that of STEPHEN W. GAINES, Esq. and THOMAS J. BELVIN, Esq. disinterested spectators. From the sworn testimony of these four witnesses, may be gathered a pretty correct idea of the action of the public authorities, the police, the military, the rioters, and the spectators.

TESTIMONY OF SIDNEY H. STEWART.

SIDNEY H. STEWART, Clerk of the Police, states what he saw and heard before the arrival of the military: "I left the Tombs that evening in company with Justice McGrath, and arrived at the Astor Theatre about 7 o'clock; soon after the doors were opened, the audience were assembling; on entering the house, I found the theatre filled with people and a large body of the police; most of the police magistrates were there; Judge Edmonds was there also; the understanding with the magistrates, Judge Edmonds, and the Chief of Police, and Recorder, was that no arrests should be made in the house, unless some overt act was committed, tending absolutely to a breach of the peace; the usual indulgence was to be allowed as to the hissing and applauding; that rule was observed. In the course of the evening, demonstrations were made by several in the parquette, by shaking their fists at Macready, threatening him with violence, by twelve or fifteen persons, certainly not to exceed twenty; an application was made at this time to the Chief of Police to arrest them, and remove them from the house; he delayed the order for some time, and finally sent for the Recorder to consult with him on the propriety of making arrests; after a consultation, it was concluded to make the arrests, which was done; in less than five minutes they were taken into custody, and order comparatively restored; about this time a great deal of hissing was heard in the amphitheatre, and loud applauding; the play was still going on; several arrests were made in the amphitheatre, by order of the Chief of Police and Recorder; about this time, the first breach of peace on the house was a large paving-stone which came through the window into the house; the house continued to be assailed from those without; an alarm was given that a fire was below under the dress circle; it was soon extinguished; large stones were thrown at the doors on Eighth street, smashing in the panels, and doing other damage; the police were ordered into Eighth street, say fifteen men; on my going into the street, I saw a large concourse of people, but those near the door of the theatre were mostly boys, who were apparently throwing stones; several of them were arrested by the police and brought in; I cannot say how many were aiding in the disturbance, but certainly a very small proportion to the crowd collected; the policemen arrested some six or ten of them, and the attack on the door in Eighth street ceased; the attack then, after these arrests, was made with more violence on the front of the theatre in Astor-Place; a very large crowd was collected, yet I could pass in and out with ease, comparatively; this crowd did not appear to be very turbulent; a very large number appeared to be citizens looking on, and not aiding in the disturbance; the majority of those throwing stones were boys from the ages of 12 to 18 years; several of the policemen at this time complained of being struck with stones and badly hurt; the policemen kept making arrests, and bringing them in; I cannot say how many; the crowd appeared to be increasing and more dense; the mob appeared to be determined to accomplish some particular act; there seemed to be a strong determination, although they only threw stones; the force of policemen on Astor-Place amounted to from fifty to seventy-five; the mob then continued to throw stones; the military then came."

TESTIMONY OF MAJOR GENERAL SANDFORD.

I am Major General commanding the military forces of this county. On Thursday last, I received a message from the Mayor, requesting me to come to his office. I went there, and found the magistrates named by the Mayor assembled. The Mayor informed me of the object of my being sent for. The Mayor has stated correctly my reply, when I was asked in relation to the expediency of issuing an order to call out the Military. After it was decided to issue the order, it was understood by the Magistrates present, that the effort should be first made by the civil authority to preserve the peace, and that the Military should not be called out until that effort failed. I left the Mayor's office after this understanding, and then received this order:

MAYOR'S OFFICE, City Hall, May 10, 1849.

Having reason to apprehend a serious riot this evening, which will require more force to preserve the peace than is possessed by the police, Major General Sandford is requested to hold a sufficient military force in readiness to meet the apprehended emergency.

C. S. WOODHULL, Mayor.

After receiving this order, I ordered one Regiment--the 7th--of Infantry to assemble at the Artillery drill rooms, and one troop of Light Artillery with two 6 pound field pieces, to muster at the Arsenal. I directed a small detachment of Infantry to protect the pieces. The regiment, when assembled, on account of the shortness of the notice, consisted of but little over two hundred men. The regiment is known to the citizens by the title of the National Guard. I went myself, in the evening, to the Artillery drill rooms, and informed the Magistrate that I would remain there to await orders. I understood there was to be a large Police force at the Theatre. Many of the Magistrates thought this force would be sufficient without the military. The regiment was under the command of Col. Duryea. There are eight Captains in the regiment. I cannot say they were all present. Capts. Shumway, Underhill, Pond and Price, were present. We remained there until a verbal message came to me from the sheriff, the purport of which was, that a mob had attacked the house and driven in the Police force, and were assailing the building; this was between 8 and 9 o'clock, as well as I can remember. On receiving this notice, I immediately ordered the Regiment to get ready for marching, and to distribute their ammunition, which consisted of one thousand rounds of ball cartridges; I sent at the same time an order to the Arsenal yard for the horse belonging to the Regiment to come up immediately to the drill rooms, and march with us to the grounds. The horsemen carried only their sabres; the troops were put on the march, and moved rapidly up Broadway to Astor-Place; the field pieces were Left at the Arsenal; no order was given to the artillery. I was not aware, until I got to the ground, of the extent of the mob; I thought the force I had with me, in connection with the Police force, would be sufficient to preserve the peace. Before getting on the ground, I mounted my horse, and took charge of the cavalry, directing the Infantry to follow close after us. The horsemen, on entering Astor-Place, were formed ten ahead, and advanced in that order until we got nearly opposite the corner of the Opera House; at this place, we were assailed with a shower of stones and brick bats, by which almost every man was hurt, and the horses rendered almost unmanageable; the men pushed rapidly through Astor-Place, and through the whole distance were assailed with a shower of stones; the infantry followed them. The mob extended from Astor-Place to the Bowery; the mounted men, being conspicuous marks, received most of the stones, and were driven off the ground. I dismounted, returned through the mob, and took charge of the Infantry. They were halted in line across the open space beyond the theatre, with a dense mob on both sides of them, who were assailing them with all sorts of opprobrious epithets, and frequent volleys of stones. I ordered Col. Duryea to form a column of division for the purpose of clearing the ground in the rear of the theatre, intending afterward to go to the front. The columns were formed promptly, and moved forward through the mob, until stopped by an excavation in the ground, which I had not previously seen, on account of the darkness of the night. We filed around this broken ground, and cleared the rear of the theatre, the mob retreating before us as we advanced. Two bodies of troops were stationed at each end of the theatre, extending across the street. I then sent in for the Sheriff and Chief of Police. Mr. Matsell furnished sufficient of the police to take the place of the two lines of military, and the whole were then put under march; passed through Eighth-st. to Broadway, and around into Astor-Place, the Sheriff at my request accompanied us. We moved down Astor-Place until we got a little past the centre of the theatre. The mob partially retreated to the middle and opposite side of the street; they commenced an attack on the military by throwing paving-stones. The paving in this vicinity had been taken up for the purpose, as I was informed, of laying down water pipes and building a sewer. I ordered the regiment to be divided and to form in two lines across the street; the right wing advanced toward the Bowery, and the left toward Broadway, with the view of driving the mob each way from the front of the theatre; during this period, the men were constantly assailed with showers of stones and brickbats, and many were seriously hurt; a number of men near by and Gen. Hall were struck with stones, and dangerously injured. After giving this order, I advanced toward the middle of the street to Captain Shumway, who led the first company, with Col. Duryea by his side, being outside myself next the mob; the Sheriff was behind me; at this time, we were assailed by a volley of stones, by which about eight out of eleven of the first platoon were more or less injured. Myself, Col. Duryea, and Capt. Shumway were injured. At this time, a pistol was fired by some man in the mob, by which Capt. Shumway was wounded in the leg, and, as I believe, Gen. Hall in the face. Previous to this, the crowd had been repeatedly notified by Gen. Hall and myself, and by other persons whose voices I did not recognise, that they must disperse or they would be fired upon. I was at this time partly knocked down, and when I arose, I found three or four of the front rank partly down, and the head of the column forced back toward the Opera House, the shower of stones at this time being incessant; orders were then given by myself and repeated by Col. Duryea, to charge bayonet; the attempt was made, but the crowd was so close upon the troops that there was no room for the troops to charge, and some of the men had their muskets seized by the crowd; the troops by this time were forced back to the sidewalk; I stated to the Sheriff that it was impossible to maintain our position without firing. I several times called out to the crowd that they must fall back or we would fire; after this the Sheriff gave the order to fire. Gen. Hall, who was a short distance from me, made an exclamation to fire over their heads; the order to fire was repeated by myself and Col. Duryea, and the men fired once over the heads of the crowd, against Mrs. Langdon's house. A shout then came from the mob, "They have only blank cartridges, give it to them again," and another volley of stones came instantly; the troops were then ordered to fire again; I think the order was given by myself and Gen. Hall; Gen. Hall said, "fire low;" then, for the first time, the mob began to give way; the troops then moved forward, crossing the street, and driving the crowd before them until the troops got near the corner of Lafayette-Place. The mob here rallied at the corner of Lafayette-Place, on one side, and at the corner of the theatre and the broken ground, on the other side, and advanced, throwing volleys of stones; several of the troops were hurt severely, and orders were given for the troops to fire--one half obliquely to the right, the other half to the left upon these two bodies of men; this was done, and the crowd fell back into Lafayette-Place, and the broken ground behind the theatre. There was no firing after this; the mob kept a constant attack upon the troops for some time with stones and brickbats. The whole number of military engaged in the conflict was 210, one half of the line toward Broadway, and the other toward Bowery; the mob has been variously estimated from ten to twenty thousand. Previously to leaving Eighth-st. to go around to the front of the theatre with the troops, I sent up the Light Artillery and the portions of the Sixth Regiment that was to support it. They arrived after the firing had ceased. One gun was placed toward the Bowery, and the other toward Broadway. The Infantry were stationed, and the mob were again told that unless they left, they would be fired upon, and the Artillery used, if necessary. The mob dispersed, and the firing ceased. Upwards of 50 men of this small detachment of 210 men, were injured, chiefly before the firing commenced. I do not believe that the troops could have withdrawn in safety when the order was given to fire, and that they could not have maintained their position without firing. During a period of thirty-five years of military service, I have never seen a mob so violent as the one on that evening. I never before had occasion to give the order to fire.

TESTIMONY OF STEPHEN W. GAINES.

STEPHEN W. GAINES, sworn, says:--I am a counsellor at law, residing at No. 180 East Broadway; on Thursday evening last, I was at the corner of Astor-Place and Lafayette-Place; I stood upon a pile of boards; I stood there from half-past eight o'clock until after the last discharge of musketry; from the place where I stood, I had a fair view of the Opera House; when I first got there, the space between us and the theatre was filled with people, but not densely crowded at that time; I saw persons throwing stones at the principal entrance, and at the windows of the Opera House; they were nearly in front of the Opera House; sometimes a single stone, and at other times a volley; about fifty feet in front of the house was the principal scene of action; the street toward the Bowery was filled with people; there were no stones thrown from the quarter where I stood, and there were so few actually stoning the house, that it was a surprise to those witnessing it why the police did not stop it; the first I saw of the military was the horse, and then followed the infantry; they came from Broadway, passed the Opera House in Astor-Place, and took their stand near the 4th avenue; I saw no opposition; in about half an hour I saw the horse troops pass up Astor-Place, towards Broadway; I should have left upon the arrival of the military, but so many coming upon the sidewalk, I could not get out; within a short time after, the infantry passed up in front of the house; I saw the fire from the discharge of the muskets as it left the barrels, as the lamps were out; some of them were fired perpendicular, some on an inclined plane towards the house of Mrs. Langdon, and others horizontally; this was the first discharge; we had no intimation of firing where I stood, until I saw the flash; several other volleys were discharged immediately; previous to firing the last volley, the street was nearly cleared; most of the people had left the enclosure where I was; there were, perhaps, half a dozen on the sidewalk in front of where I was; I was still standing on the board, when the last discharge took place up Astor-Place towards the Bowery; between me and the soldiers the space was clear; there was a small number of persons on the corner opposite Mrs. Langdon's house; they were out of the range of the fire; this fire was nearly in the range of where I was standing; I stepped back a pace or two, to bring myself out of the direct line; immediately another discharge took place, that being part of the previous discharge; upon the discharge, a man fell upon the sidewalk in front of us; there were but a few persons near him at the time; after he fell, he remained on the ground half a minute, some supposed he was shamming being shot; on picking him up, a wound was discovered in his back, by the blood running; we took the wounded man down to the drug store corner Fourth and Wooster street; on examining the body, we found a wound in the lower part of his stomach; his name was Henry Otten, residing at the corner of Hester and Orchard streets; he was standing on the sidewalk at the time he was shot, taking no part in the disturbance; after leaving him, I learned that others had been shot; I have been informed that he has since died.

TESTIMONY OF THOMAS J. BELVIN.

THOMAS J. BELVIN, residing at No. 133 King street, boatman:--On Thursday evening last, I was at the disturbance at the Astor-Place Opera House; I stood on the corner of Lafayette-Place, by Mrs. Langdon's house; when I got there, about half-past-six o'clock, I saw a lot of half-grown boys throwing stones at the Astor Opera House; I passed on the opposite corner, and was talking to two Philadelphians; they were saying how trifling this was to some of their riots; I stayed there until the horse soldiers came, and then the infantry; then there was a rush with the boys, and we started back, and then returned again to see how the military operated; I was standing on the corner of Mrs. Langdon's house when the first firing took place; when the military left, the boys went back and commenced throwing stones again; I stood there when the first discharge took place; a man fell; I laughed, and so did others, as we thought that it was only blank cartridges to scare them; I heard a man say, "my God, look at this; he's shot;" this was at the first discharge of musketry; I heard no notice given to disperse; they might have done so; after this I started and ran down to the church on the corner of 4th street, and there I stood; I don't know how long I stood there, I was so frightened; I stood there until I heard another banging of muskets, and then I started and ran home as quick as I could; I should not have gone there, if I had known they were going to use lead; I went to see what was going on, like many others; I don't know how long I stood at the church before I heard the second firing; I was glad to get there; I jumped over several people in making my way to the church.

It is to be observed that the above accounts vary according to the position of the witnesses. Mr. Stewart confines his attention chiefly to the operations of the police; Gen. Sandford to those of the military; while others may be supposed to represent the views and feelings of the mere spectators.

On the examination of Mr. Stewart, he was asked, if, in his opinion, the riot could have been prevented or suppressed by the action of the police, without calling on the military. Though loth to give an opinion, which might be construed into a censure of the authorities, he stated his belief that the whole affair might have been differently managed.

The scene which followed the firing of the military, beggars all description. The wounded, the dying, and the dead, were scattered in every direction. There were groans of agony, cries for help, and oaths of vengeance. The dead and the wounded were borne to the drug stores at the corners of Eighth street and Broadway, and Third Avenue, and others in the vicinity, and surgeons were summoned to attend them. Some were conveyed by the police to the Fifteenth Ward Station-House, and a few carried to the City Hospital. Some of the dead and wounded were laid out upon the billiard tables of Vauxhall Saloon, a large crowd gathered around, and speeches were made by excited orators.

Had none but those actively engaged in the riot been shot by the military, these details would have been sufficiently melancholy. But even then, we are to consider that the men who composed the mob, may have acted, under ordinary circumstances, like honest and respectable citizens. A mob is composed of the same men in a state of temporary insanity, and they should be treated accordingly. Sober and quiet citizens, acting under such a temporary excitement, have committed the greatest outrages. They should be restrained, but not sacrificed, unless under the most imperative necessity.

But in this case, very few of the active rioters were injured--the greater part of the killed and wounded being either spectators, or persons passing by the scene. Thus, Bridget Fagan was walking with her husband along the Bowery, shot through the leg, and died at the Hospital. Mr. Stuart, an old retired merchant, was severely wounded in the neck, while standing in the Bowery; and Mr. Collins was shot dead while getting out of a car of the Harlem Rail Road. Wm. C. Russell, a lawyer, had his arm shattered while passing around the corner of the Bowery. Mr. Livingston, standing in St. Mark's place, two blocks off, was severely wounded. There were many more such cases.

Of those who were shot down in the immediate vicinity of the Opera House, the greater portion were taking no part in the affair. Mr. George W. Gedney, a broker in Wall-street, who had a wife, to whom he had been married but little more than a year, and one child, was shot instantly dead, as he was standing inside the railing by the Langdon mansion. At the first volley, a ball pierced his brain. His wife knew he had gone to see the riot, and she had had a presentiment of some disaster. She sat watching and waiting for her husband, for it was the first time he had been out at night, without her, since their marriage. She waited until four o'clock in the morning in an agony of terror, when, unable to endure the suspense any longer, she rushed into the street, went to the house of one of her husband's friends, roused him from his slumber, and begged him to go and seek for her husband. The man went, and found poor Gedney a cold corpse. Mrs. Gedney was sitting at the window when he returned, and motioned for him to come to her, but he shook his head mournfully, and passed by in silence. She knew that her beloved husband was no more. Her neighbor, who had not the courage to tell her the awful tidings, sent his wife to comfort her. This is but one of many such cases of domestic affliction, produced by the events of that night of terror.

THE DAY AFTER THE RIOT--POPULAR EXCITEMENT--CORONER'S INQUEST--LIST OF THE KILLED AND WOUNDED.

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