Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1843-05-23

were in partnership in the store, and that
the hands were in The main paid out Of the
store. The defendants did not show that
Morrison ever refunded the $1,000. 1t
was also in proof that Bird started from
Milwaukee with forty hands, TO go 70 Ma
olson, TO commence building the capitol
that they were som, hing like ten days in
getting there; and that the hands were I'M
der an average pay Of two dollars per day;
that theydid not commence work in months
time on the capitol after the hands got
there; that on their route from Milwaukee
to Madison they were making claims; that
they went to Bark river, thence to Aztalan,
thence to GAINESVILLE, thence to Waterloo.
which latter place they went to see claim
which some Of them had made. Az anec-
doe is related of one of the hands as they
all stood on the bank Of the creek gazing
in the water: Gentlemen he exclaimed,
.sdo YOU see the wa:er?" eyes" they all
replied, ".well," says he, awe are
d-nly lued.'' The only defence
which the defendants set up, was the read
ing Of the memorial which the Legislature
made to Congress, in asking for new APP
preparation TO complete the capitol then be-
gun. In the memorial the Legislature say
that considering the hardness of the times,
the high price Of labor and materials, the
$4,000 which had alrerdy been appro-
priated by Congress, had not been impro-
vidently expended, and goes on and states
the condition the building is in, &c. &c.
1t is here worthy Of remark to say, that
Messrs. Strong and Wilton evidently
proved themselves on the trial, to be men
Of high legal talents. The arguments
which they both made in summing up the
cause, were clear, logical, and many times
truly eloquent. should be doing injustice
to the lawyers on the defence should not
speak of them. Mr.. Field is a talented and
very eloquent speaker, and did admirably
well; but he found it often hard to kick
against the prjcks in the course Of the trial.
Col. Collins, who was associated with Mr.
Field, is also young man Of fine talents,
and they made a great deal out Of pothing;
SO much so, that the jury brought in no
cause Of action in the face and eyes Of the
testimony Introduced on the trial. II is
worthy Of remark to mention the conduct
Of the deputies, shertns, and the other
friends Of the Governor, during the trial
On every occasion when any of the jury
were where thew could hear what might be
said, conversations would be held preiudicial
to the Territory; that the defendants were
prosecuted out Of personal feeling Of
Wilton and Strong against the Governor;
that they wanted to make themselves pop
uar and pcrspicuous before the people by
selecting the Governor as their victim. and
many other things too numerous to men
ton Of the same character. But what is
stranger still, out Of sercaty-tuo iurymen
which had been selected BY our last and
first board Of supervisors, only eight were
democrats, the rest were strong Dotv men;
and all the Jury which sat on the trial, are
avowed and open Dotv men but one
What will the people say of such things
Who could convict Doty Of any crime un-
der such circumstances But our last en-
quiry is, how came it about that Ga Dotv
men should be selected to attend as Jurors,
at our last Term Of Court. and only ejgM
democrats? 1t is well known that ma
orty Of that board were Doty men. and
what is worse than all, the notorious John
NJ. CaprOn was made chairman Of the
board. Is it a wrong presumption to say
that Doty has figured in this county in 4
clande tine manner TO screen himselff from
justice ? | do not hesitate in saying that
on small scale, there never was a more
wanton expenditure Of the peoples money
than was proven on the trial against the
defendants; yet. they were acquitted
Judge Irwin has won himself unfading
laurels in the minds of the people of this
county, for the candor and frmness which
he exhibited during the trial.
A motion was made and argued by Mr..
Wilton for new trial, and no man could
have heard his arguments, but who
would have said at once that a new trial
ought to have been granted He laid down
his proposition before the court. and then
made his arguments and conclusions, and
proved to the satisfaction Of the court that
a new trial ought TO be granted The court
fully sustained him and granted a new trial
the court rcmarking. said that the de(en-
donts made themselves liable by their own
showing.
The law constituting the board Of COM
missioners, makes it obligatory on the COM
miSsioners to advertise and receive propo-
sails for building the capitol. 1t gives the
board OF commissioners no authority to ex-