Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-01

CaSs-Mr. Kew concluded MS opening dudless
TO the jury, yesterday at quarter to one o'clock
pm.
John l. smith. Esq who appeared for War
noch and WIN. Williams, followed the District
Attorney stating that he would leave one Of his
clients, Warnoch, TO the tender mercles OF the
jury tbs evidence being so strong against MN as
20 Justify such course. In regard TO Williams,
he contended there was not a particle OF evidence
showing that he was implicated in creating dis
turbance on election day. Ii was true that Will
Iiams went out under the flag staff and cried out
Now bows let's to the Fifth Ward polls' but
this afforded no evidence that he participated In
the riotous acts charged in the indictment.
Mr. Darlington next addressed the Govt in be-
half of Jesse Williams, Isaac Stoddard, VIM.
Wilson. and John Webster. Taking up first the
question, w hat constitutes riot! ~ he claimed
that three essential requisites were demanded
First, an assemblage of three or more persons
with disoIderly purpose; secondly, concerted
understanding to unite with such common pur-
pose and thirdly, the actual accomplishment OF
such concerted purpose.
Mr.. Darlington, In plea which may be ranked
amongst his best efforts, proceeded TO urge that
the charge Of such riot was not sustained by the
evidence against his clients; that the great ex
citement under which they labored was but a
natural ebuliton of feeling caused by the an
nOuncenent made by Webster that the Marines
had been called out to shoot down American citi
zens that the accused parties were men of re-
spectacle and honest lives, and in conclusion in
sisted that the series Of acts which to constitute
4 riot did not occur at any time during the day.
Mr.. Kew, in closing for the United SNtes, in
reviewing the arguments of the counsel for de-
fence, said he struck by the adroitness with
which they smotheTed the evidence for Govern
ment In relation TO the actual accomplishment Of
their concerted movements toward dsturb ance
of the peace; and in preventing legally qualified
voters from exercising the right Of suffrage. He
went on to show, with great clearness. that men
may be engaged at different points of the same
scene of action, In driving away voters beating
them and putting them in fear of their lives;
and that these deeds show concert of action.
though the pei petrators may not even have known
each other; that they were as guilty as if they
had all been engaged in each individual deed of
violence that the acts constituted riot in every
sense of the word; and that these transactions
were most infamous disturbances of the peace,
and inteEferences with the privileges Of the legal
voter-native and naturalized.
Mr. Key, in concluding, asked that the follow
ing instruction should be given to the jury, which
was approved by the Court and readily acqui-
e>ced IN by the defence:
:. IL the jury believe from the evidence that the
defendants were acting together, and that their
common object was to exclude Il certain class of
citizens from the polls aforesaid b. threats and
Intimidation, and by taking possession of the
ground near the window where the ballots were
deposited, and by threats and violence, did in
timdate and drive away certain citizens, they
are guilty of riot, although they had entered
INTO no agreement so TO do, and were unacquaint-
cd one with the otheTn
Fhe jury then retired to make up a verdict and
after and hours absence returned with a verdict
2f guilty, as INDICTED in the cases of William
Warnach, John Webster, William Wilson, Isaac
StoddaTd and William Williams Jesse Will
lIams was found not guilty.
The defendants were called by name and VIM
Warnach and VIM. w ilson not answering, their
iecognizances were declared forfeited Their
srIeties are James II Birch and Jackson Pun
phrey.
Judge Crawford proceeded to give the sentence
CT the Court, which was that all the parties con-
victed be imprisoned in the county Jail for one
year, and each to pay fine of 500.
Judge Crawford, in delivering the sentence
commented upon the heinOus nature of the offence
OF which they stood convicted striking it did
al the very foundations of government. He
GREETED to see men, who had hitherto borne good
character, engaged in such acts; and especially
was he sorry TO know that, among them. was one
who had been peace officer of the county. He
remarked upoS the paramount necessity of main
tanning the freedom of our elections inviolate
and of the intimidation of voters as even more of
public than private wrong. Naturalized citi-
zens had equal lights with native citizens. under
our laws, and these rights must be Maintained
The prisoners Were then removed To Jail. They
had throughout the Trial deported themselves as
II anticipating an acGuittal, or at most conviction
with light tine, and they were propOrtionately
depressed on being sentenced to imprisonment in
j. Thomas was charged with assault and battery
on Charles w. Arnold on the 10Th inst Thomas
was found guilty and fined 80 and costs.
This morning the Court met at ten O'Clock, and
the first case taken ny was that of T. O'Leary, for
assault and battery on Simon Richardson a free
negro Case submitted to Court. O'Leary was
required to give security to keep the peace.
George johnson was found guilty Of assault
and battery on Michael Cochrane on the 18th of
April last, and sentenced to pay fine of $40.
Suspicious AFFAIR.-Last night between the
hours Of nine and ten O'Clock, a colored man
named David Simms, living in the rear of Ryland
Chapel, Island, was disturbed by some rather
loud talking on the commons in the neiphbor-
hood OF his house. He went to the door and
heard several voices raised in the vicinity, but
Thought nothing unusu;l Of the occurrence, sup
posing that some boys might be engaged in build
ing bonfire or something of that sort, and went
70 ped This morning, on going out he found
his fence broken down and trunk covered with
brown leather living in his yaId. and various ar
tieles scattered about. Simms first opened his
eyes with wonder. and then started of to consult
his ne1ghbors- They advised him to inform the
police, and he made his way to Justice Row
lands To lay the case before him.
An examination was made of the premises.
fapers were found in the vicinity of the trunk
showing business transactions of various kinds
between Alexander Riley and Finessee * Riley:
also Passbook containing bills and accounts
between Finessee Riley and James Dttor the
declaration OF citizenship of Alexander Riley,
certified by b. w. Berry, Clerk of the Alexaf-
dria County Court; and various bills arranged as
II for collection, bearing the names of George
Burns, Thos, HaTpeI and others: The papers
were retained by Justice Rowland to obtain some
clue to their ownership. On examining the trunk
there was found 81 50 gold piece and two gold
dollars Several articles OF male and female
wearing apparel, two patchwork bed quilts I'M
ing spools OF thread. needles and various papers
The trunk had been forced open. Bible was
found inside in which was printed, with pencil,
the name OF Julia Ann Riley. The trunk was
taken to the central guard house. where it can be
seen by any one wishing to do So
The RIvER.-Mr Church has effected a pas
sage for foot passengers across the Long Bridge
A large schooner from Port Deposit came up to
the mouth of the Canal with lumber for the canal
nerc chants yesterday. At Harvey d Co IS wharf
arrived schr. Fletcher, Capt. J. T. Chance from
Philadelphia, with lOl tons red ash coal for Har-
vey 20. Al Riley's wharf, schr. George, from
Port Walthal, with 100 tons coal for Gas Com
pany. AT Magruder stones wharf, schr Geor-
giana, from Baltimore, with lumber for s Nor
mentj >chr. Three Sisters, from Port Deposit
with lumber for Norment and Coyle: schr Adj
vocate from Salisbury, with lumber for Proctor,
Smith Co.
The "Codsting Pilot new vessel for the
Boston Pac ket Line, went up to Georgetown with
cargo or merchandise consigned to various
Georgetown merchants.
The Guy went to Georgetown this morning