The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-19

anybody at Allstons corneri That this Marine is
not TO be credited unquafedly say do not say he
meant TO swear falsely but every witness who stood
at Allsons corner (some nine ten) say that they
could distinctly $50 the Morinssi
This Marine could not see, for the smoke, (which
nobody else SAW and hence / designate HIM the
"smoky Witness" Well, he says he was hat by a
stone Birkhead says that Spencer ItysW stone
and hence Birkhead is sustained
ofthe smoke. how could lhrkhead seer It would be
remarkable il Brkhead could see through this smoke
when this smoky witness" could not!
DISTRICT ATTORNEY. One was on one side
of the smoke and the other was on the other side OF
Mr. ELLIS. II Birkhead was on the same sid,
the Marine was on, he could not see any more Than
the Marneif he was on the same side with our wit
nesses at Allstons corner, then Birkhead could not
have seen Spencer throw stone, unless our wit.
nesses had also seen il.
Birkhead swore he was near Allston's corner--8aao
Hite,y fire, and sam Spencer Myop stone; nine or
ten aoaesses contradict hnaand II is utterly impos-
sible that this smoky Witness" standing. in the
ranks, across the street. with volumes OF smoke
intervening can prove anything TO sustain Birkhead
In fact Brkhead does not attempt to say that Spen-
Ger hit one of the Marines-nor does that Marine who
was hit attempt to sUhere the stone came from.
Of Owens and Frere have but little to say. One
of them was an ant-American challenger, and the
other was member of the Auxiliary Guard. One
Neither of those two witnesses swore to any material
fact and their testimony amounts TO nothing worthy
Of present comment. .
kidgeway and Pyes are both members Of the
Auxiliary Guard. They testified to no important
facts and shall pass them over till come 70 some
point in examining the separate cases Of the defend
ants to which their testimony applies. y
Of Mr. Carlisle, city attorney, and gentleman OF
hara cter, shall say nothing. He has testned 10
nothing which affects our defence. He saw nothing
that was done at Allstons corner. He was near
the swivel. have no comment to make on his
testimony.
have thus endeavored to show you, gentlemen,
from the positions which the witnesses ON behalf
OF the United States occupy, and from the errors
and blunders which they have committed, that the
testimony they have given is not OF that reliable
character which should influence your verdict. l
have not sought to make the impression have
dscaimed all intention to make an impression that
they have sworn corruptly before this jury leave
you to draw your own differences on that point:
have exercised my right independently and fear
lessly, l shall always do to show, from the posi-
tons the United States witnesses occupy, that they
are interested and from their contradictions and
errors that they are not reliable.
In refer nce to the testimony given on behalf OF
the defence, am not aware that single witness has
been called, who is in such position as thai, in
which we lind the witnesses I the prosecution. we
have called witnesses in behalf of the defendants to
prove various facts to which will call your atten-
ton in detail by and by. We Lave called the three
Commissioners, and numerous others, whose names
will repeat. They are Messrs Boss, Iddlns and
Israel C. mmissioners Of the Election In the First
Nokes, Alexander, Aldrch, Lori, Larner, Davis,
Randolph, Halieck, Merrill, Everett William Doug
lass Samuel Z. Douglass Garrettson, Edniupdston
Wallach, DR.. Blood, DR.. Clayton, White, Bowen
don, Lyle Baird, Richie, Hadley, and perhaps one
or two others, all intelligent respectable, and DIS
interested Witnesses and most OF whom are known 10
this jury.
q 7 Iaar,
ceptionable and reliable witnesses men who are IN
no respect interested in the result OF this trial NO
responsibility rested upon any of them (unless upon
the Comm lssioners of Election) that would mix up
either one of them with the transactions OF that gay
Here are more than Il irty Witnesses, whose test.
mony may be allowed to say to you here, is uncon
tradictet and unimpeached, and by whom we have
expressly disproUed all the important allegations
made on the part of the prosecution. ! pass This
general point of the over without further re,
mark, have hitherto shown you, that almost all
the United States witnesses are Interested, not
directly, but indirectly in the result II TINS iriai-
that they have contadcted each ther and nave peen
contradicted by our Witnesses, thirty IN number
and that none of our witness have been contra
diced by any reliable testimony:
Such Is the general character of the testimony on the
part of the prosecution and such the general en- ac
ter of the evidence on the part OF the defence;
dozen interested Witnesses on one side, and nearly
three times that number of aisintetstd witnesses on
the other
Now, gentlemen, snail make IeW enquiries oh
some points made here, and / shall then close my
argument as briefly as possible, without gong over
the ground which has been so fully occupied by my
colleagues who have preceded me.
ask you, gentlemen, here whether you nave no,
understood from the tenor Of the testimony adduced
by the United States, and from what you have seen
and read in certain 0ficidL reports published In the
newspapers, that one Of the main points OF assault
upon the defendants and their friends IS, ,naL tne
late election at the Fl st precinct of the Fourth Ward
violently interrupted, and continued TO be inter-
rupted from the one TO the other Of the main ARRAYS
of that day.
Have you not been told, and have you not read the
statements, that by reason Of those continued IN
terruptious las thus alleged the voters were de-
prived of the opportunity 10 vote? Has II not been
charged, among the other allegations against these
defendants and others, that they interrupted the
polls, during the Sotoe day, at that precinctY That
charge has been made, and reiterated in every form
And it may seem rather strange to you nom to be
told what is nevertheless true that from the hrst TO
the second actual interruption, TO wit; from about
10 A. NJ. TO p. Mt WtA DC ProDed by ING pD%
6oob-there were more votes cast per hour or minute,
whilst the pretended interruptions are alleged TO
have continued than cast during the morning,
from the opening of the polls TO the hrst disturb
ancej when il is admitted by the witnesses Tor the
prosecution, that perfect quiet and order Pregdted!
fix the time according to the proofs from ten to
one or space Of three hours and will demonstrate
TO you that during these three hours there were more
votes taken proportion To the time, than were taken
during the first two hours and quarter, from
10 a quarter past % when there was no interruption
at all and when Mr.. Justice Dom tells you : the
voting was going On as usual," and when he con-
graduated his friends that the voting was being con-
Quoted so very peaceably and quietly" Now, gen.
tlemen during these first two hours and a quarter
one hundred and thirty-six votes were polled.
You remember the testimony was, that Mr. Emery's
vote was the last vote taken in the morning. before the
first interruption. His vote was the one hundred and
thirty-sxth vote that cast was sworn TO, and
as the poll-book shows. There may be error of
one or two votes resulting from the erasure Of one
or two names as shown and explained by one Of the
Commissioners. Well then, one hundred and thirty
six votes were polled in hundred and thiry-ive
minutes or say one vote fr each minute of the two
and quarter hours. That was during the quiet
and uninterrupted voting from about seven o'clock
10 quarter past nine-one cots for euery minnie,
tohen there 1oas no interruption!
Then came the first affray. The polls were then
closed temporarily, and reopened OF about ten
6clock,-were open three hours, and closed again at
about one o'clock on the arrival of the Marines.
Goddard's vote was the last vote taken before the
last interruption and his the three hundred and
seventy-nipth vote polled. Deduct one hundred and
thirty six votes cast before the first ARRAY from the
three hundred and seventynine and it appears that
two hundred and fortythree votes poled bdoeen
The taoo actual afrays during space Of three hours
when we have been told by the prosecution and by
the official reports published in the newspapers that
ar. ,sof<r af1Jf =