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

is usually given in the absence Of all disturbance
The idea of there having been any interruption TO
the. voting during those three hours, is perfectly
rldiouous!i There as NOT a t0ord Of truth IN the al
| kgatioai
These facts are proved, not only by testimony, but
| by fgures which do not and cannot Vel You, gen.
temen, can make these calculations based upon the
testimony and the poll books, as well as can,
and you will find the results as have given them.
Now, then, what become of tho allegations OF the
Mayor and Of the other witnesses for the prosecution
that the voting INTERRUPTED" and that there
was continued yioting'S There may have been
man or two whose papers were notin proper form,
papers, and who were josted out Of the barricade.
There was nothing uncommon in all that, but what
serious interruption to the voting could there have
been, in view Of these facts and figures Aons--it
Perhaps, gentlemen, have no right to state, for
it is not in proof but STILL in passing along, may
say that last year., at the polling place OF the same
first precinct, six hundred and seventy votes were
taken in ten hours and BALI or one vote for every
fifty-six seconds! This fact strengthens the argu-
ment in our case, and furnishes refutation of the
idea that there were continued Interruptions,
whilst the votes were being taken at the rate Of one
an impression upon your minds, and upon the
country
But there is another fact in this connexion. You
have been told that these continued Interruptions
alleged by the prosecution were for the benefit OF
the american" party; that the fight was all on one
| side; and that the Americans only were allowed to
vote. Now, gentlemen, this year, the vote for the
american candidate" for alderman at that precinct
was 295; whereas, at the Mayors election last year,
Mr. Hill, the American candidate" received $50
votes 85 votes last year, at that precinct.
than were given this year by the American party
This fact negatives and wholly dsproves the allega,
ton that these polls were managed for the benefit Of
| the American party IT IS NOT TRUE
Ipass from these points.
Mr.. KEY tells you that the plug Uglies" were a
lawless set and that they came forty miles to do
| the work of the Americans For the Plug Uglies"
l have nothing to Offer would oppose any and all
men who come from abroad to Interfere with our
elections. care not whether they be political friends
or enemies. Let them stay where they belong. II
you had them here on trial. was about to say, |
would not defend them; yet if employed to do so,
should do it, for such is my profession; but as
politician and citizen, would defend no such ag-
gressions upon our people. The sentiments OF
LIFETIME forbid it. But the fact that the Plug
Uglies came here has nothing to do with this case.
You are not trying ttena. Itwould, indeed be allow
able for me to appear for any man, rich or poor,
white or black high or low, counsel, and for the
usual fee, but in defence of the men now before you
/ would appear without regard to fees. care not
for fees where / think defendant is prosecuted
for opinions sake" and especially do disregard
such considerations, when find an attempt made
under federal authority and influence to bring into
odum the conduct of party, which / aided to Gre
ate-in whose principles rejoice-tpr whose sue,
cess have toiled, and in whose faith expect TO de
But you have been told by Mr. KEY that the swivel
came up to let the Commissioners see lt-that the
Commissioners were not afraid when the swivel
came-but that they were terribly alarmed when
the Marines came upW
Gentlemen, it is my duty and my pleasure to de-
fend these Commissioners; they did not know that
the swivel was, at any time, near their polls-they
had not the slightest knowledge of its presence;
they did not see it at all on that occasion, ana an
the witnesses swear that it passed those polls, halt
ing only for moment to learn where the trouble
was, which had caused the Marines to be ordered
out-and the swivel Immediately passed up to the
| market and into another ward!
Do not forget these things, gentlemen of the jury
for when these Commissioners are thus assaulted by
the groundless charge of their acting in concert with
those in possession of the swivel, their sufhclent
answer is-they knew nothing of its approach
ing of its being at any moment opposite their polls
nothing of the purpose OF those who had 1t In Gus
tody; and moreover that it passed rapidly up Sev-
enth street beyond their precinct and into the
| Third Ward. Gentlemen, the imputation cast upon
| the Commissioners is UNJUST wholly undeseryed--
| there is not shadow of proof to warrant It.
know the court has told you that they had no right
close the polls account OF the fact OF the presence
of the Marnesbut the court has not told you, and
will not apprehend that they had right to close
them if they considered their lives and the ballot
box in danger. Their reasons for closing the polls,
given were, that they were afraid OF their lives,
as well as of the safety of the ballot box. The Dis
trict Attorney shakes his head, but this scds the testi-
many gentlemen. That point cannot be disputed
if it be ask the Judge to refer to his notes. am
wiling e sSn this qo Y ~ Tbere was but
one Of the Commissioners who gave that reason. He
said they had consultation the result of which was
that they determined to close the polls if the Marines
should come Iddins said that he concurred in that
but that he had other reasons.
Mr. BRADLEY. One reason was, that they did
not think safe to remain in the presence OF the Ma
rnes.
Mr. ELLIS. The fact that the Marines were there
nd Loft he WAS
them fear for their own safety, and the safety OF
he ballot box.
The JUDGE Iddns testified that one Of the Com
missioncrs suggested, that it would be improper to
hold the polls in the presence of the Marines, and
they told Squire Dom 10 tell the Mayor they would
not be opened as long as the Marines remained.
Mr.. BRADLEY. The part 70 which l refer is in
different portion of the testimony. In cross-ex-
animation Mr. Iddins was asked for his reasons, and
he said he did not think it proper, nor did he think
it safe, for he did not know what the Marines might
| do.
said he had another reason but the action Of the
Commissioners was based solely on the ground that
the Marines were present. i asked the other C1m-
missioners if they had any other reason. and they
said no.
MIR. BRADLEY. The discrepancy in the evidence
the jury must settle.
Mr. ELLIS. was simply going to add on that
point gentlemen when interrupted, that the court
has said that IL they adjourned and closed the polls
the act was illegal
Other reasons however, did exist. They influenced
Mr. Iddns How far they influenced the other Com
mssoners does not appear. They influenced Dir.
Iddins and they must have influenced the other
Comnssionersthey knew of the report in the morn
ing that "the Americans would have to vote through
file of the Marines" and this naturally led the Com
missoners TO conclude that their position would be
unsafe for every man knows, that If the military
were TO come up to the polls, and political party
were only TO be allowed to vote through files of the
military, the consequence must inevitably be, that
the military would control the voters the Commits
sioners, and the balotboxl
II would be unsafe, THEREFORE for the Commissioners
TO rernain at their posts, thus surrounded by bayo-
nets unless indeed, they should ensure their safety
by a tame surrender to military dictaton..
DESTROYS to pass on as rapidly as possible, will
now proceed 10 examine some of the cases OF indi-
yduals on trial before you and the testimony appli-
cable 10 each but before doing this, must read to
YOU portion Of the instructions of the court as
follows, 10 wit:
"And lastly If you bslieve from the evidence,
that the defendants or any Of them with or without
the CONJUNCTION of others but a1beriRg at least three
persons. did in violent and turbulent manner 10 the
terror Of The people with determination mutVaty to
assist one another, against any who should OPP
pose them act together, according to previous concert
and arrangement remote or immediate, for the pur-
e. A., t,a af1nr IF Tho Mayor IN hava