The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-22

JOSEPH Ii. BRADLEY, SR., ESQ
ROBERT Il. ScorT, ESQ.
NEsPAsIAY ELLIS, ESQ.
JouE A. LINTON, ESQ
WILLIAM j. MARTIN, ESQ
JOSEPH H. BRADLEY, JR., ESQ.
DANIEL RATcLIFFE, ESQ.
EDWARD G. DARLINGTON, ESQ.
Continuation from Mondays Proceedings.l
Mr.. RADCLIFFE. | appear, your Honor and
Gentlemen of the Jury, for Charles Hurdle. The
position occupy is very delicate, and certainly
d very novel one but | have always held that
the lawyer who has not the moral courage to
sustain him, in all circumstances in which he may
be placed in the discharge OF his duty 10 his CLIENT
il unfit for the position which he occupies. We
know that questions involved in this enquiry
are of a party character, but with those
questions in that point of view, intend to have
nothing 10 do before this tribunal. | stand here
to perform sic gle duty-the duty which coun-
eel owes t. his client Whatever may be the
opinions OF the other gentlemen engaged ia this
case TO the questions in controversy, they have
the right TO entertain their own views and to pur
sue their own course. Ii is for the counsel repre-
senting the respective persons charged with
offences under this indictment, to discharge their
duty to the best of their own judgment, on those
pli ciples oElaw which govern the case represent
this young man, Charles Hurdle, who has been
Represented to me as an innocent man, and have
come here With the full hope and confidence
that We shall be able co show that he was not
implicated ia the transactions into which it
becomes your duy to enquire | AIN not here to
enter into discussion as 10 where the wrong
originated if il exists--as TO whether the Execu-
tive was right or wrong; l am here to show
simply that my client was not implicated in the
riot or aif.ay, as the case may DO. The ground
we occupy is peculiar; we stand upon u narrow
isibmu5; ard intend to walk the plank so as not
to interfere with questions which do not appertain
TO this defendant
Our defeEcc is not mixed up with the compli-
Gated question as to who was guilty or not guilty
on that diy. / sin not here to cutter into an
examination OF that awful tragedy, which has
made an impression on the mind of the commu-
nifty that all he waters Of the ocean will never
wash away. No, gentlemen, come but TO extri.
cate my client from the embarrassing circum
stances in which he has been placed / shall
show you that he was not there that day, and con-
ssquenly that he was not implicated in guilt. The
questio whether there was riot ia a question for
tho court AID jury / do not mean to make an
issue on that point with my friends.
riot ia an assembljge Of three or moro per-
cons engaged by concaft in some enterprise which
results IN a disturbance OF the public peace That
IL question OF law, and IL will be your duty 10
Try he facts OF ihis case according TO law under
the direction of the Court. Fhether there was
IiCt OF no., snail not undertake to contend;
have ouly 70 ask you, On behalf of my client, TO
judge his case unnluenced by tie dread calamity
winch was brought upon out city, as ! shall b?
abie 10 show you that he was not there guilty
PARTICIPANT ask you in The name # justice to
forget the surroundings Of that transaction, and
to disregard the views which other gentlemen
NAV hayd Of the conduct Of the Executive, and
dec de the case Of Charles Hurdle strictly on the
evidence which Eif cts lin alone. | shall show
you Uy The testimony Of Justice Donn and others,
that my client is not guilty If he was there he
had nothing TO do With the disturbance, further
than 10 10 il his own lie 10 save tho life Of 8
respectable fellow citizen.
Mr.. CARRINGT0N. II your Honor please,
gentlemen Of the jury appear for Charles Spen-
Ger. The case has been so fully opened by the gel
t'emen who ina preceded me, that propos to
submit but very f. v remarks az this stage of the
proceedings. IL ! Afterwards think il proper 20
90 go, | viii enter more fully into details.
L. seems there are several issues presented TO
you for consideration. First. Whether there was
a riot al all on that occasion and, second-Who
was responsible for that disturbance Of the public
peacey These questions have been deliberately
argued, with others in which these parties are
deeply interested. They arc ospec ally interested
in your solution Of the question whether these de-
lendani5 participated in the trBnslc actions Of the
LIST oil June, and whether they amounted 10 a riot,
or TO an ARRAY, or 10 any other offence for which
they are amenable 10 the laws Of the country.
The youug man for whom / appear has excited
my sympathies not by any apprehension Of his
conviction, for CannOt entertain doubt Of his
innocence, but because he has been submitted to
the shame and modification Of an arrest and a
trial, under Circumstances that calculated 10
iuiame tie mind. Gentlemen, we expect to sat
isfy yOl by evidence which wall be offered OH the
part Of my client, that the only participation he
rad In the transactions Of that day, was the
receiving several severe wounds from musket.
shots. tie is young lad Of not more than sixteen
Yeas Of age who was pres, Mt that day, with many
Others, without any other participation than that
Of bling spectator. lie is youth Of uneKcep-
tionabo character, and is, perhaps, not unknown
TO some of you, gentlemen of The jury From the
b, gniiug 10 the END, lie was not a participant Ia
the dist rbance out Of which this judicial invesi-
gat.ou arose. l assume, with confidence, his in
nocence but sill it is my duty to avail myself Of
every ground Of defence which the case presents.
r,st lis defence On these positions, that there
w5s no riot; and secondly, as you are aware, that
the burden Of proof is on the prosecution, If they
fail 70 prove that he was engaged 10 a riot, he Is
entitled to an ncquit'al az your hands The mere
fact Of party being present unless he is guilty Of
come participation in the afflir, does not make
him guilty of riot or an OF as.
JOHN II GODDARD called and sworn.
DISTRICT ATTORNEY. Mr. Goddard, | viii
thank you to state to the jury ifyou we're present
Of the poll, Of the frs precinct Of thu Fourth Ward
on the fret e June last
WINES was there part Of The day
DISTRICT ATTORNEY. At what hourY
WITNES5 / went there In the morning yeiy
little after they we're opened.
DISTRICT ATTORNEY How lorg did YOU
rcmainS
WITNESS. was there until probably nine or
halfpast nine O'Clock ON about seven o'clock. -
returned after tho Marines got there
DISTRICT ATTORNEY. II YOU saw the riot,
state What You say.
WITNESS. When went there Ia the morning,
think the polls we're open, but the Tax Clerk bad
not arrived. The voting went on slowly until he
came There we're a number who desired 70 pay
Their school tax. lie arrived shortly aud the yot-
Ing went on regularly until perhaps little before
nine o'clock Between eight and nine o'clock a
body Of men arrived on the ground, called the
" Plug Uelics." They came on in body, two and
two, ana halted little south of the polls, perhaps
forty feet from the polls. Some person called my
atteption 10 that partv observing that the 81 Plug