The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-25

is but lew miles distant from Washington, and that
steamboats, al that season OF The year Piled between The
was accordingly transferred 10 Alexandria, after notice
that effect TO the defendant His counsel, instead OF at
lending hled protest against The transfer, as being
"yexa,ious aud oppressive" To this protest
on The pat oil che government also filed with the
mayor OF Washington. Both these documents among
The papers ia The chaneery slt and copies of them
before me.
Mr. f proceeding TO read extracts OF the answer
In answer 10 Inquiries rom the defendants counsel. he
sa,n ne should read them as part OF hts speech"
ihe conrt knows that the gentlemen bave, over and
over agSi referred 10 this Alexandra business and
,uey u so, nave as often sought an opportunity
u answering taem, but have always considered out
OF ofder the couti thinking that then the matter ought
70 STOP am resolved that, al some time other, the
Jury shal know the whole history oi this part OF the
case and were not for taking up their time would
read The protest and the part Of my speech
Mr. BRADLEY. Publish 1t, so that the jury can see it,
The DIsrKIcr ATTORNEY. am relieving the govern
ment and those concerned in the prosecution ron The
charge OF expressing this man. do not object TO his
being acquitted upon the law and The evidence but do
object to his escaping from justice under cloud Of
smoke.
Well. gentlemen, we went to Alexandra The mayor
was able 10 give all The hours called for by the
tce and we got through think. IN four days.
Another topic OF the rhetoric Of the gentlemen the
other side is the mission OF edward Smith = and
this has been referred 10 AS If there something dis
credilable in H. Gentlemen, the mission necessarily
secret one During The cross.examnaiion OF witness
10 the chancefy snit, we bad thought, CLEAN
oi light as 10 The future purposes OF the defendant
tpec,ins Tins dark and myserious businesses He was
pItbtnl every suggesting COUNSEL
and apparent that he attached grea, importance TO
certain cave spoken OF by the witness There seemed
reason 10 fear that this " wonderful man." as Colonel
Gates has since IN your hearing described him TO be.
might, by some metanorphosis wonderful any in
Ovid, transform This cave of dir, into mine OF. sill
YER. 10 head oil such process, and for other rea
sons, u was deemed advisable that intelligent
and reliable person should at visit the premses
and, at the same time, attend 10 some other i'm
poriant subjects connected with the prosecution The
success OF the mission would, of course depend its
secrecy and prompiiiude 1t necessary that every
precauion should be iaken and therefore proper
were adopted order 10 prevent this wonderful man.
from finding out what steps the government taking
to prevent detect further frauds support OF the orgi
nal fraud II is at all times painful to an Ingenious
mind TO practise sInulauon yet there are occasions on
which the use OF il is proper Some OF the pues, men
who adorned species have found necessary in
the discharge OF public duty 10 resort TO stimulation in
der TO effect an honest purpose. The great Alfred.
whose name stands green spot in history amid its
scenes OF blood and crime, vruous as he was for the
sake OF his country played the part OF spy and went In
disguise into the enemy's camp purer and brighter
name than Afred-Washngon himseif-.prac-
tsed stimulation for patriotic and honest purpose. One
OF the mos, interesting episodes Of revolutionary
story is that OF Sergeant Champes. This man. one OF
the nobest spirits that existed, persuaded by
Washington 10 play the part OF deserier from his
country, and TO ac, as spy in the British camp. HIS his
tory did not come TO light l after the war, when it
found that he had for the sake OF his country submitted
tor years 10 bear The OF traitor, while he play
ing the part OF spy.
The government in this found il necessary send
out not spy, but agent Captain Edmund Barry
was prevailed on TO undertake the important iIust-a
man. gentlemen, you well know, of spoiless honor
not "Camanche," as distinguished citizen OF Mexico
has been called, but an American Citizen born under the
canopy OF your star spanged banner, born here
this good cry OF Washington born you and living
among you MI he followed his counirys eagles to The
Mexican war You know him well as l do. You
know his Intelligence and energy you know that while
he had the sagacy 10 counlerac The wies which were
expected, he is utterly incapable of dshonorable deed
or though, For the success of his mission was neces.
say that he should depart in secrecy and silence that he
should travel win an assumed name and business fes
know this, gentlemen and may well say TO you IN the
language OF our constitution, iu faith and credit are
| TO be given 10 all" his proceedings.
You have been amused annoyed by the efforts which
have been made here, so constantly as TO make them
part OF the Tactics OF the defence, to prejudice you
against the witnesses for the United States the ground
OF their receiving alleged to be illegal and
unconstitutional That matter fully explained in
your hearing by my excellent colleague, and will not
now go over The ground again. There is certainly
law OF the United States providing for the compensation
OF witnesses brought from foreign country. The law
which Senor Huic expounded 10 Judge Aguilar s app
cable TO the case only Of witnesses summoned within the
United States. The allowance which ii provides for
them whatever might have been the iact at the date Of
the law, olien lar below their actual and
cessaIy expenses that 1t has worked great injustice, and
a disinclinaon 10 attend We hear complaints from wit
nesses brought some two or three hundred miles and
kept several days that they only paid by the
ment for their attendance only 81 % day, and have
TO pay to the nnkeepers 81 80 day for their board.
They are compelled by law 10 come, however severe
the hardship may be; Tor disobedIence TO the sub
ppna they would be attached for pt. and brought
on in custody OF the marshal But this case has to
be proved chiefly By witnesses brought from the theatre
OF the Preparation OF The lraud-a foreign distant,
aud but lately hostile banda county where the pro-
OF courts has force, and where there has been
no sympathy of her people with own--no disposi-
lion 10 lake trouble, 10 out OF the order 10
forward the administration OF justice IN tue United
Slaes--iheir recently triumphant foe To be sure, the
citizens of both countries members OF the same great
human family and The Mexican mind is not degraded
| but that be found 10 Mexico with a sufficient
of Justice 10 be willing al least TO lend their aid 10
the OF justice when they do so without injury
| TO themselves. 1t was presumed that men might be
| The extracts are as follows
Rsasons for goug Atrand ia toHo,cng tho safem~t Of
/ fdcfs IN The ans,cp 10 The prstesf
Because OF the witnesses yet be examined. most
residents OF Mexico. Some citizens OF that republic
two hold public office, requiring their attention, and
of which the tenure be endangered by their absence
All the from Mexico came TO the United states
under promise should speedily return 70 her
homes rheif absence had been poacted TO period en-
snexpected and their anxiety TO return could no
longer he controlled; the OF premsure close
OF The examination recovery OF the large amount OF
money OF defendant charged with despoiling
IT, public ir, asuTy gbt be hopeless .
Bcousr the residents OF Mexico, examined in the civil
sui, are also important witnesses in the prosecutions
against the defendant and bis bioher John Charles sdi-
ner for in the criminal court OF the District o Colnm
ba at the beginning the 6rstMonday OF Decenber
uex unless these witnesses should leave Washington
for Mexico attend their and losg
affairs there and testify In these
eouon. parties whom the grand jury, their high
.ponsiby, had indicted for great crimes, might escape
| punishment
before the mayor Washington in taking the testimony OF
single witness Ia shown by the mayors certhcate,
and no end objects OF either the civil or
criminal proceedings could be foreseen TO