Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-08-01

Mdgluoef was upon the STANG 10 TESTIFY In teid-
ton 70 The affidavit upon which the marines were
called out. GO. ans.
Witness did not remember the precise time
when the information came to his office thatthere
W not in the 9TH ward witness received in
formation before the marines came up that the
rioters had gone over to the 9tb ward from the 4th
ward polls; received this information from seve-
raj persons; witness himself the rioters going
down the avenue at the time; witness was going
mp to deliver the application; did not know then
where they were going; received information of
the riots in the eth ward AFTER The application was
made at the Department for the marines; Doctor
Miller was I'm witness Office at the tiIne this in
formation came also by Mr. Lenox; they did not
request him to send an extra police force to the
eth ward; gave them appointments as special po-
l!cei their appointments were not made giving
them power TO make arrests their instructions
were given verbally, and were In relation to dis
tarhaness in the I'd ward; the instructions
confidential The witness protested against being
Questioned as TO the nature Of his Instruction. he
was not there on trial. The witness refused to
answer AZ TO what those instructions were.
Mr.. Key objected to the continuance of this sys-
tenn OF examination, and the court sustained the
objection.
Witness rcsumng; at the time the appoint
nents were given to DR.. Miller and to Mr.. Lenox,
witness had completed his application to the
President for the marines; il had been written
when they called on him; THINKS he had given
the appointments before the application was
made to the President; witness took the applica-
ton there himself; don't remember who Were ap-
pied to, to act as special police; witness gave
general instructions TO the captain of police to
md PERSONS to act AZ special police and report TO
witness they had reported to him before the APP
plication was made
copy of the affidavit of Capt. Goddard was
here handed to witness, who said he believed it
The Marshal Of the District was at the office
before witness went with the application to the
Presidents house
Mr.. Bradley asked the witness If he applied to,
the Marshal TO call out the posse cOmitafWs'
Mr.. key objected TO the question Us being sim
liar to those which had been ruled out by the
court already in the case -.
Mr. Bradley did not urge the point.
The court, however, after discussion, decided
that the question might be put.
The witness then replied that he did not call
upon the Marshal to assist him; the Marshal said
nothing about ii to witness There con-
VeISation between them as TO that point.
Mr. Linton asked the witness if the Marshal
had his posse with him at that time
Mr.. New said that he never heard of the Mar
shal walking about with his posse with him.
When witness fist saw the cannon, il was in
front Of the east end OF the market house proper;
witness saw Birkhead running something into
the gun; witness did not the gun taken away:
II was pointed directly at the marines; didn't see
General Henderson with his knee against the GUN;
didn't see him at the gun at ALL went to Captain
Tyler and told him to take the gun; he had wit
ness thinks, given the order already, the marines
were west Of the east gutter Of Seventh street:
the marines charged directly across the street
witness followed them when they charged; the
marines hrcd after the charge made; the rest Of
The marines remained in line; don't remember to
have C0RyeIsed with Jas. A. Gordon at the City
hall, as to " hat he told the crowd he would do,
II they did not dispeTse; witness did not say thai
he would order the marines TO re, if they did not
dl>perse; said he might have to order the marines
10 nrej there was no application made by witness
Tor volunteer military force until after marines had
been applied for; sometime after Peter Bacon came
TO the witness, and volunteered to obtain military
force; witness asked him to whom he should ap-
ply; Mr.. Bacon said that If witness would give
him law book, he would tell him; witness
thought the danger was too great to the CITY to
stop to study law; MIR. Bacon then looked at the
law, and II did not seem to be very clear To him
about IT, and he said TO witness that either General
Jones or Colonel Hickey could order them ont:
W tneSs asked Mr.. Bacon where General Jones
WIS to be found, and was told that he was proba-
blV liz BladensbuTG, and Colonel Hickey mig hit or
nih not be at the capitol; witness thought II was
too late 70 60 on such infOFmatiOn; the order had
probably passed for the marines; Mr.. Bacon said
something about having two hund red men under
arms in two hours; witness did not believe that it
could be done; did not say that Hughes was
member of the American party; he acted with that
party; don't know that he was member of the
Union engine company; the hall where the Ameri-
can party met was dTaped in mourning; the i'm
preston in the neighbOrhoOd was that the hall
was put in mourning by the American party, and
not by the Union Fire Company.
Mr.. Ellis asked the witness what was the power
OF the Marshal a civil officer.
Mir. hey objected to the question.
IL was debated by Mr.. Ellis, who wished to
show by il that the civil authority of the execu-
tive had not been exhausted before APPLYING for
the marines
The question was ruled out by the Court and
the cross-examination Of the mayor was closed
here.
Gen. Henderson, recalled The cross-exami-
nation was again taken up by the defence.
Mr.. Ellis stated TO him that he wished TO I'M
deTstaad point in reference to his evidence yes
teTday, in relation TO the wounded man, Biddle-
man, whom he took to the mayor.
Witness said, in explanation, that he pitied the
man, and oilcred him no abuse; did not say to
lie. slfHlu SaXN do
it abiding to the iiring of pistol by the Pris
Oner.
fhHIip s. Piles, sworn.-Was at the riots;
saw Robert Stafford there; witness was going to-
wards the polls, down Massachusetts avenue
got between the corner of Fifth and Sixth streets
(it was when the riot rst cOmmenced) Slw Irish
men running by; saw Robert Stafford and anOth-
er man running after them; the other man fired Il
pistol after them; Stafford pointing pistol
at them; witness asked him what he was about
Stafford said that the id lriShmen were riOiiny;
Stafford came on the pavement 10 load his pistol;
tn" man who was with him fired; did not see
Stafford any more that day; witness then went 10
the POLLS when witness got 10 the polls it
qGiet there.
Crosse rDliHsd.-DOn't know that Slaiford's
pistol was fired; the other man fired; he might
lave fired it /; witness saw Stafford loading his
pistol after the men were fired at.
Major Tyler, swOrn.-WaS ordered on the lst
day Of June 20 take the marines to the Mayor and
report for ORDERS did so; the Mayor sOon after
wards suggested 10 witness to 90 10 the first pre-
ham there was riot; marched there with him
and drew up the marines in front of the polls:
this movement of the marines had the effect to
clear the polls; the Mayor went up to the polls
and addressed the people; witness did not notice
what he said; Just then two men came up from
the direction of the cannon and said zone Of them
was named Riley witness afterwards Iearned) to
witness that they were committee from those in
charge Of the cannon, and that they were in
structed to say tn witness that if he did not i'm
mediately abandon his position in front Of the
polls they would fire the cannon on the marines;
witness replied 10 them - then I'll take your can
nOn;' witness immediately placed his men in
ME from the right flank, and marched in quick
time up TO the market house, on the east side of
Seventh street; the cannon was trailed on the
marines; they kept the cannon tTdiled upon wit
ness particularly; when the right OF the line was
nearly opposite the cannon the men were halted;
th" men were changed to front face, and the
charge was made with the Il rst platoon Of the
hrSt company; they took the cannon with fixed
bdyonets; these rioters all Tetreated instantly in
every direction, and fired from thirty to nifty shots
IN rapid succession - they retreated this platoon
returned that re without orders; the rioters con-
rFNrNn n Il. al.