Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-08-03
LOCAL INTELLIGENCE.

Mr.. Ellis said that on Saturday last d suSSes-
ton was made by one Of his colleagues that three
or the parties, viz: VIM. Garner, VIM Jones and
Chas Hurdle who were now upon trial, ought
to be acquitted by the jury upon the ground that
no evidence had been brought against them. The
rule of law was then stated to be that where sew
eral parties were upon trial together, and no evil
dence appeared to criminate any one of them,
that party was discharged under the rule Of the
Court in order to enable the counsel for the de-
fence to use him a witness.
The laws Law down the reason Of the rule TO be
such as stated by the COUNSEL and, added to that,
the counsel thought It improper for the prosecution
to be permitted to continue parties joined in the
prosecution when no witnesses had been brought
against them; for, in so doing, the defence might
be deprived of material evidence Suppose II had
been the design, which is by no means charged
appearing in behalf Of those men indicted, the
easiest thing in the world for the prosecution was
to couple with the parties really culpable all the
friends Of those parties; and unless they were en-
titled to an aequittal when the prosecution rest
ed their case Il would be impossible for the par
ties implicated to prove their innocence, or to
contradict the testimony brought against them.
Mr. Ellis referred to the decision of Chief Jus
tice Savage, of the Supreme Court of the State of
New York, to the effect that the jury might prop
erly pass upon a when the evidence was
slight, and il he was acquitted he might be used
a. witness for the defence. III that was the rule
Of law how much stronger was the case when
there was no evidence at all to implicate party.
He said that there might be many other cases
adduced to the same effect
The Court inquired whether ID was the inten-
ton of the defence to offer these men as witness
Mr.. Ellis answered that II was probable that
some Of them would be used.
Mr.. Bradley did not know whether VIM. Gar
would be offered or not in that capacity, but
stated that they regarded Charles Hurdle as ma
terial witness.
Mr. Key said that this was simply matter to
III kkaC
the counsel for the defence did not apply to this
case because that was upon application for a new
trial. where several parties had been indicted for
conspiracy. II would be impossible to say what
evidence might be brought to bear upon the guilt
of these men in the evidence for the defence
When the evidence had been completed for the
defence he had no objection to the proposed
course.
Mr. Bradley said that he did not understand
the rule cited to be represented by the District
Attorney. He conteEded that as the prosecution
had closed their case, to hold them over to
see what might be brought against them in the
examination of the witnesses for the defence was
equivalent to trying them twice for the same Of
fence. He commended that the VIM. Jones now
on trial was d totally different person from the
one whom IL was the design Of the Marshal to
arrest.
Mr.. Bradley went on 10 cite authorities for the
course presented by the defence He argued these
points at some length, and with great tact
endeavoring to show that the parties would not
be competent witnesses while they stood on the
record as defendants in the case.
The Court, in answer, declined the proposition
TO discharge Garner, Jones and Charles Hurdle,
but would admit Hurdle to be witness i'm the
case, still holding him on the record defend
ant The practice Of the courts in this country
and England in regard to such witnesses had
been various. The general practice latterly had
been to take veTdicts before admitting defendants
as witnesses, but the weight of authority is against
IT Looking at the case in all its bearings the
motion was denied.
Mr.. Bradley said that IL had been understood
that several questions which had been put to the
witnesses for the prosecution by the counsel had
been ruled out by the court. He now proposed to
offer evidence to show those points, and would
read the propositions to the court which had
been reduced to writing, with view to knowing
what witnesses would I've required by the defence.
and that such as would not be required might be
discharged
Mr.. b. read the points which It was proposed
to show by those witnesses.
The Court decided that those questions had all
been ruled out by the Court, and such evidence
was inadmissible
TO discharge those witnesses, and that by to-
row morning he would prepare other propositions
which he would offer to the Court in place OF
those now submitted and refused by the Court
Frederick IddiHgS, sworn-Is citizen OF
Washington; has voted here some veaFs: was a
commissioner of the Fourth q d, first precnc',
at The election; was never OefOfe commissions,
OF election; there was a disturbance ia the NOM
ing about O'Clock, or soon after; up TO that time
the election had proceeded in a quiet and orderly
manner; great rush was made at the polls; in a
10 put the shutter up, to keep the crowd from
coming in; falling in that, and hearing other ps-
tolls nred and missiles thrown, they picked up the
ballot box and left the place and into the lot
back of the building after being there a moment
the commissioners said that il was not safe 20
stay there, and they all went to the house of MIR
Israel, near by; went into and down the alley to
his house; that was all witness saw; witness sng-
gested to one Of the Commissioners to send TO the
Mayor for sufficient police force to protect the
polls; he replied that they had better wait few
minutes. dis a me hat
the disturbance was over and they could go back
In safety; all then went back, and the polls were
opened, and the voting went 10 had pre-
vlously; never heard OF the Mayors being there
till he came up with the marines; the polling
went on Peaceably from the time the polls were
re-Opened till the time the marines came m.
witness was stationed Immediately in front of tIs
window through which the votes were received;
could not from that position the voters as they
passed IN ard OUT the judges never kept the pa
pers OF any naturallZed voter who presented them
as Qualification for voting; there was no case OF
mans being hauled violently away from the
polls while his papers Were being examined;
witness must have known il il il had been done,
as he was the Judge who examined the papers OF
voters; between the affray and the arrival Of the
marines the voting was as great and frequent as
before the ARRAY; NJ q. Emery voted last before
the ARRAY in the morning, and John H. Goddard
was the last man who voted before.the marines
came uP the voting was going quietly when
the marines arrived; when they heard that the
marines lad arrived, according to an understand
ing which they had previously, the polls were
immediately closed this was done at the suypes-
ton OF one Of the judges that ID was improper to
hold he polls open In presence OF military force:
they had come TO an understanding that the polls
were TO be closed when the marines came in sig
they acted on that understanding; they all 40 reed
a. to the improperly Of holding election in the
presence of a military force; witness thought that
neither the commissioners or the ballot were safe
which was the principal motive which influenced
INN In going away messenger was sent to the
Mayor to say that when tue marines were taken
away me polls would be opened; the first pistol
was fired in front Ofthe window in the morning; in
an Instant afterwards witness heard several dis
charges OF pistols; Mr.. Boss went to put I'D the
shutter; he was one Of the Judges; some person
from the outside assisted him
CyoSS-eJdmtHed.-Witne was right in front
OF the window: could not SO: as well az Mr. Boss.
who was standing at the window taking votes:
witness was some four feet from the window; had
fair look out OF the window. II was five feet
from the grouBdi witness heard five or six pistols
discharged after the first discharge: witness don't
know that rush was made To break up the polls;
the rush broke up the line Of voters: the voters
ran To get out Of the way of the mob. a cro,Yd