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

/ the csowQa Inc hiring caused q general scatter.
ing, some running up street aud some down
some ofthe crowd fred thy tan; do not recog-
nze any of them. The Marines then fred In the d.
rection ofthose persons, some up and some down
the street, la minute or two after that, saw
| General Henderson and Marine bring man out
ofthe market he wounded; he was citizen
| Of Washington his name was Biddl ,man he is
not in custody; General Henderson was on one
| eide OF the man, and the Marine on the other !;
General Henderson delivered him up TO the cus.o-
dy of the Mayor, who was in the rear of the line;
the man was severely wonnded--his arm was
broken; The has since lost III and as knew him,
and knew that he could be found at any time, /
advised tina. he should be allowed to 20 and get
bis wound dressed. The Marines who took the
cannon brought 1t scross the street, and reloaded
their muskete. They formed in hollow square and
waited for some time. In tho mean tune there
were several pistol shots fired SO many that at
TO bring down their pieces, and t all ceased then.
DISTRICT ATTORNEY. What people 10 the
crowd can you identify
WITNESS. do not recolect who were par
ticipating In that crowd about the cannon, They
| seemed to be strangers TO me. In fact there was
so much commotlon that / could not recognize any
unless II was such citizens as Mr.. Wsllach.-
These disturbances took place in the county Of
Washington Vi tei+
DISTRICT ATTORNEY. You have stated that
at the time the windows were closed, you went
up with the Mayor, that the Mayor knocked at the
window, and that there was clanlor outside; what
was that clamor directed tot astpsa E
WITNESS. That the polls should not be open.
ed until the Marines were taken away
DISTRICT ATTORNEY. Do you recollect any
who INDUCED in those ordinations? r..
WITNESS. Yes. GeorgeG. Wilson. He was
on platform that projects over part Of the side
walk, overthe window whore they voted l thought
he was making speech. He WAS addressing the
people in front uttering cxclamationS snd oaths
| lie was swearing by his Maker and his God that
| the polls should not be opened until the Marines
| were taken away. There were various others that
1 | do not remember. At that time the Mayor was
attempting TO address the people, The polls we're
| not opened. My attention has been called to one
fact that stated, as to the time sent to the
Mayor that the Plug Ugies we're there; it was
after they came the first time.
Cross Eramihsa
| Mr.. BRADLEY. When the party of Baltimo
reans first appeared at th polls on tho morning of
the day of election, were you taken by surprise, or
were you aware that there was a party in towny
I D STRICT ATTORNEY. object 20 the ques-
| ton
Mr.. BRADLEY. have stated the character of
our defence, and It win be for the Court to say
whether this course of examination is pertinent
| DISTRICT ATTORNEY Many things have
been stated which have nothing to do with the
case. Whether Captain Goddard knew of these
people being here, has nothing TO do withit.
The JUDGE. / do not sec the applicability OF
the question.
Mr.. BRADLEY. Ifyour honor desires any eI-
planation Of the ground on which ask this ques-
| ton, win make one, though have made a very
full opening of the case think it not only alniss
bic but material and proper evidence. TIE qles.
ton is whether there was riot, and if 80, which
of the parties were rioters and what led TO the riot
1t is material to chow the origin, and the induce
mens of the parties TO the riet. That is the first
ground on which ! offer it, The second is this /:
This is alleg d to be a riot on the election day
which the police could not control The District
Attorney has given evidence as to the calling out Of
DISTRICT ATTORNEY. I have given no evi
denee about the calling Of them out or the proprety
Of calling them out but merely that they we're
there, and what they did.
Mr.. BRADLEY. They were there, and if they
were not there by lawful authority, no man will
venture to stand up and justify it for a moment
start with this proposition of law, that the mil
tary authority cannot be called out, until all pro
per and reasonable civil authority has failed tc
suppress the disorder Nobody will dispute thai
proposition. A memorable instance in the life o.
Lord Holt, is found in the work of Lord Campbell
When sitting in Conrt application was made &c
him for authority TO call out the military, to sup.
press 8 riot. What do you int nj 20 dot Inquired
his Lordship. Why, If we cannot stop il, we will
shoot theu Do so, said he, and come befoi 9 me,
aud viii hang every one of YOU. Now, sir, be-
fore the military can be called out here justihsbly
they must show The necessity. If tho civil author.
ity here was advised If impending dan sr, and
this we propose TO show by Mr.. Goddard, Police
Magistrate every fact which goes 70 show before.
hand, the intention 10 disturb the peace is eyi.
dence 10 show, that being prepared, they should
have resorted to the ordinary meane II, then,
can show, that at that time it was known TO
Mr. Goddard, that certain men from abroad
land say IL here, have stated Il openly that il
they had taken those men and shot them, one by
one, | would have borne hand in Il; for they had
no business here 10 disturb the peace il they had
shot those men, they would have done right; Il
was the duty OF the civil authority 10 do sol-if
then, say, we can show the fact, that handful
Of men came 20 the city Of Washington with IN,
intent TO disturb the public peace, aud the fac
wa known TO Mr. Goddard, that he apprs hendeC
a disturbance, and on the approach of these mel
ho sent TO the Mayor, giving notice that they wer,
there, aud that he spprehended q breach OF thu
peace, il is competent evidence. am gong
step forwatd, and shall ask him how many polio,
ofhceIs were stationed at that polling place at tina
time
DISTRICT ATTORNEY. He has stated sever
or eight.
Mr.. BRADLEY. | want to know the cxsc
number. Eight at that Ward was an excess Of th,
usual police officers. III show that he was aware
Of danger, and Immediately despatched inforus
ton Of that hct to thu Mayor, take it that it il
evidence 20 show--whatS That the police officers
were fully advised, aud bad the opportunity tC
resort TO proper means ~ preserve the peace. IN
that aspect Of ihc case this is clearly admissible
in evidence. But there is another view which VIC
take of il. Our theory Of this case is, that thil
whole scheme was projected by the authorities Of
this city. We say it was the act &C the Execu.
tive it was designed that the riots should occur,
and It was brought about by their act that the
Marines might be brought out. That being our
defence, that ono Of the civil magistrates Of the
city knew that those men were 10 Washington,
and that he had apprehended that they would
come, and at what period Of time that information
was Communicated, is material.
DISTRICT ATTORNEY The Court Is swsre
that We aro engaged IN the trial OF various indi-
viiuals Tor a riot. Ny friend states position as.
sumed by tho defence To be this; that he desires
OF intends 20 show bS this testimony that the
proper officers Of this city were negligent Of their
duty, and IN fact he charges them with having
cOncocted this scheme Tsupoose with the knov