The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-26
THIRTEEN TIL D AY.
TUESDAY, August IL, 1857.
SPEECH OF
R ODE R I E. sc @ I I, ESQ
IN THE DEFEN0E

IN THE DEFENCE
Mr.. SCOTT. May il please the Court, gentle.
men Of the jury, my friend, Mr.. Darlington, who
you yesterday had but a limited task
to perform. Employed on behalf Of single party,
his discussion Of this case was properly confined to
such facts Of it as bore directly upon his client
Mine is a broader duty, / have to speak to the
whole case, and | much regret that the course of
argument INDUCED in by the District Attorney puts
me under the necessity Of trespassing much more
upon your patience, and consuming much more of
the time of this Court than in my Judgment the
discussion of those topics which justly appertain
to the merits would warrant. II it had been the
purpose OF the worthy gentleman to inhame your
passions, and excite your odum against the par
ties accused as the responsible authors ,of the
bloody tragedy, perhaps his remarks were well
calculated to attain that end but am obliged to
say that after listening with attention to all that
he said, you have obtained a very imperfect idea
of the defence which is meant to be insisted upon.
Gentlemen, may also be permitted to say that
according to my humble apprehension, you have
obtained but an imperfect idea of the case of the
prosecution.
We are arraigned here under an Indictment al
lodging against these parties particular offence.
Now, in order to understand your duty, to enable
you to render just verdict in accordance with
the law and the evidence, il is necessary that you
should be informed OF the precise nature of the
charge, its scope, and its extent You must be
thus informed, to enable you to do justice to the
United States. 1t is equally necessary that you
should be thus informed, in order that you may
appreciate the defence, and do justice to the ac-
cused. / had expected of the District Attorney,
who has had SO much experience in matters of this
kind, whose competency and ability no one viii
question, to have come before you with this in
dictment in his hand, explaining to you the pre-
else nature and extent of its allegations defining
the scope of the enquiry legitimately to be made
under it, and then with that precision which be.
longs to the criminal prosecutions to call your at
tention to the particular parts Of the voluminous
testimony, under which he would ask the verdict
that he demands at your hands But, gentlemen,
through the whole course of his remarks, he never
thought it necessary to recur once to his indict.
ment So far as ! know the indictment under which
these parties stand arraigned has never yet been
read to you, and | venture TO affirm that even
now, at this stage of these proceedings you are
profoundly ignorant of the accusation you set
there to try. Instead Of resorting to the pre-.
csion of rifle shot, the gentleman has fired q
Voley of musketry upon US. If his purpose was
as have said, to excite passion to infame anger,
and arouse indignation, he may have been as eff
lectual as was that voley Of the hired military fired
into the innocent and unofending crowd at Alstons
corner. | will attempt, gentlemen, in some de-
gree to supply this defect; and TO do what il was
the duty OF the District Attorney to have DONE
to call your attention to the allegations of the in
dctment, and explain it scope, because il is neces
sary to do this 10 understand Justly the grounds
Of our defence What is this indictment? will
read it for your information.
"District Of Columbia, county Of Washington, to
wit: i
"lst G. The jurors of the United States, for the
county aforesaid, on their oath, present that VIM.
Eggleston, Daniel Steward, Isaiah Steward, George
johnson, VIM Sibley, William Garner, George Hines
Charles,Hurdle, VIM. Hrudle, Robert Stafford, VIM.
Jones' David Lewis, Charles Spencer, Vanloman
johnson, Daniel Biddleman, Robert Cross, Dink
King, James Wilson, Durbin Langden, George g.
Wilson, VIM d. Wilson, Middleton Birkhead MI
chael Hoover, James Cross, John Mcdonald, Boney
Ley, James Morse, Henry Gamble, Benjamin Hart
zell, Charles A. Ashley, Mullony Cropp, George Hill.
lery, John Wesley Woodward, Gregory Barnett late
of the county aforesaid, laborers together with d.
vers other evil disposed persons, to the number
Of ten and more, to the jurors aforesaid as yet un
known, on the first day of June, in the year of our
Lord one thousand eight hundred and fifty-seven,
with force and arms, at the county aforesaid, did
riotously, routousy, and tumultuousy,
assemble and meet together 10 disturb the peace
of the United States in said county; and being so
then and there assembled and met together, did
disturbance; and then and there unawfuly, riot.
ously, routeusly and tumultuousy, remained and
continued together, making such noise, riot, tu-
multi, and disturbance for long space Of time, to
wit, for the space of FIVE hours and more then next
following, to the great terror and disturbance, not
only Of the good citizens Of the United States in
said county, there and Whereabouts inhabting and
being, but Of all other good citizens of the United
States in said county, passing and repassing in and
there, in contempt Of the laws and against the
peace and government Of the United States"
This. is the charge-that these persons met
together for the purpose Of disturbing the peace,
and that they actually consummated that intention
There is no other count in the indictment. This
is its only charge Ii involves all the persons
named in il in the same act and charges them
with the same offence. There is but one act and
one offence, and under this accusation these par
ties can be convicted but Of one act and one Of |
fence and that act and that offence must be one
in which all who can be found guilty, must be |
proved to have participated. The indictment
might have been framed in another way 1t might |
have been framed SO as TO set out specifically, the
act complained Of and the means by which IL was |
charged to have been executed II the act COM
planned Of was the disturbance of the voters at |
the polls, it was competent for the prosecution to
have alleged that fact in the Indictment IL the |
act complained Of was the obstruction interposed |
to the orders Of the Mayor to have the polls re-
opened, it was competent to haye alleged that in |
the indictment lf the act complained of was |
the getting Of the swivel from the Navy Yard, |
and the use made Of il afterwards, IL was compe. |
tent to have charged that in the Indictment and |
l humby submit chat, in all fairness, before these |
parties we're arraigned here and put to their de- |
fence, this specification ought to have been made
If various acts are alleged to be committed by |
these parties amounting to riots on that day, II |
was competent for the prosecution to have framed |
the indictment with several counts, covering each |
specific offence, and with an Indictment thus
framed, containing the several counts, it would