Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-02-06
LOCAL INTELLIGENCE.

The NArLoR CASE The report Of the CON-
mlstee on police, on the testimony taken by
the committee on police Of the last Board Of
Aldermen in the case Of the arrest and escape
ofsW ashington Naylor. was made to the Board
OF Aldermen ct its last meeting, of which we
make the following synopsis The committee
consists of Msssrs Busey, Dove and Ruff:
James II. Birch, who was Captain of the
Auxiliary Guard at the time of the arrest of
Washington Naylor, published in the alton al
lntelligencer Of the l4th Of April, 1855, the
following card:
WASHINGTON, April II, 1856
GENTLEMEN: An article having appeared In
one OF our city papers Of the lth instant, reflect
ing upon me FOR taking the bail l did for Naylor,
VIII here state the facts as they occurred. On
the morning Of the 1lth instant, about one pollock
light was discovered IN the shoe store Of Mr..
Forrest by Messrs. Mockabee and Elliott, mem
sers Of the Auxiliary Guard. When Mr. Forrest
came down Mr.. Hofer's door was open and Mr..
Nayior was lying directly cross the doorway, ap-
parently very much Intoxicated. He was brought
to the guard house. i then sent for Mr. Ham
mack, who te tilted upon oath that Nsylor was at
his house after eleven O'Clock, very UGH intoxi.
Gated, and that he wanted more liquor and he re-.
fused 10 LET him have II, and the two Der.
sons who were with him to take him home which
they agreed 10 do, but before they started they
TOOK one more drink N less than two hour, an.
this MAYOR was found In the house Of Dr Hotter
asabove stated. From the evidence Of MIR Ham
mack was inclined TO believe that the two per
sons had taken Naylor into the house with them,
and as they had to make a hasty retreat thew
could not take him of, he being too drunk. /
held Naylor to ball, believing I could not End
anything against him, but that might find out
something against the other two persons. Young
Demaine, who saw the persons, did not see Nay
Tor with the others, AID ISEppoSsd Ny. Dsn1dine
TO Be srifsHes for the United States ULfeh vns
affsrWardS proceed 10 the contrary There was
no evidence, considering his condition, 10 con-
vict Naylor; and, as Far as the examination has
gone, no person In their testimony has mentioned
MAYORS name Soon after Naylor left Issued
warrants Tor the other persons, and gave them to
James w. Allen and VIM Mockabee who upon
arriving at Rays house, about six clock found
Naylor there. They returned, bringing Raw and
Crogen with them, and Informed me Of the fact,
which created some suspicion In relation to Nav.
lor, and caused me to issue a search warrant for
Rays house; and had Naylor kept from Ray's
house IL Is doubtful II should have taken that
course And IL the goods had not been found
there was no evidence 10 hod either Of the others
but the finding Of the goods was the only evil
dence. also had Nayl0r'S house searched, and
there was nothing found, and no evidence thar
anything had been there.
JAMES H. BIRCH.
This card, says the report, must have been
written on the day preceding its publication,
three days after the arrest Of Naylor, when
all the circumstances were fresh in the mind
of Capt Birch; and it is but fair and Just to
assume that Birch detailed all the circum-
stances, facts, and coDjectures which were
calculated to relieve him from any suspicion
of improper action
The first inquiry which presents itself to the
committee is, would the circumstances detail
ed in this card, if true, justify the course pur-
sued by Capt. Birch
Secondly. Are the circumstances detailed
In this card true, and is il full statement of
the facts
The committee deems the excuses of Capt.
Birch that Naylor was drunk that he twas
n hall fhof tha IL
taken Naylor into the house with them :" and
be supposed Mr.. Domaine to be evidence for
the United States" and in no manner con.
nected with NsylOr, and that " there was no
evidence, considering his condition, to convict
Naylor," as naked assumptions, without the
shadow Of evidence to sustain them, aud is
driven TO the conclusion that the circumstances
detailed in the card of Capt. Birch, if true,
did not justify him in the course pursued
The fact, which Is admitted, that Naylor
was found In the house is direct and positive
testimony, which the committee think would
90 far towards cOnyictiDg him; and tho com
mittee cannot conceive that any magistrate
who was actGated by proper motives would
reject such fact, proven and admitted and
persist IN declaring the party innocent. He
alleges that NaylOr was drunk, and he was
inclined 10 believe that the two persons had
taken NaylOr into the house" This was
mere superstition, an assumption, the result Of
his Imagination, for there was no evidence, nor
As 1t cOntendsd that there was any, going to
show - that toe two persons had taken Naylor
into the house. If he rejected the fact that
Hsylor was found in the house, it does seem
strange that DO should be " inclined to be-
heye" that which was not proven or init
mated. he rejected q fact proven and ad-
mitted, and believed Circumstance not stated
The next excuse is that be " supposed Mr.
Domaine to be evidence for the United States,
which was afterwards proven to the contrary
This is an admitted suppOsition. The commit
tee cannot comprehend how Capt. Birch could
have - supposed Mr.. Domaine to be evidence
sor the United States, " and at the same time
been inclined to believe that the two persons
had taken NsylOr into the house ;" for it does
seem that the noise and hustle and confusion
Of taking drunken man Of his size into the
house would have excited Mir. Demaine's sus
picions Of robbery. If Birch was inclined
20 believe that the two persons had taken
Nsylor into the house. he must have sup
posed that they took him into the house through
door; and rs IL Is not alleged or intimatsd
that any door was broken open, il seems but
natural that mind so fertile with suggestions
and so ready TO believe would have suspected
Dsnaine's com plicity The committee cannot
understand why 1t was that all the suspicious,
suppositions and bSliefs Of Captain Birch were
favorable TO the prisoner, and that the Only
testimony Iejscted by him was against the
prisoner. 1t does seem that be was actuated
(basiDg the conclusion upon his eard) all the
time by a desire and determination to shield
the prisoner and to scquit him,
In tGis card Captain Birch does not refer TO
the bail, the insufhciency Il which was one Of
the allegations sgsins. him He seeks to JUS
tify his conduct In every other respect, but
that he passes by in silence.
The second inc uiry discussed is, 4" are the
circumstances detailed in this card true, and
10 il q full statement e all the facts !'' Was
Nsylor drunk! The committee 20 over tie
evidence upon this point and conclude that
neither the condition of Na5Lor nor the cir
cumstances Of his arrest justify Birch in the
opinion that he was taken into the horse by
his companions because be was helpless,y
drunk
Upon the inquiry" Were not the circum-
stances such as would lead one % believe that
Domaine Was al accomplice Tbs commit
tee review the evidence and are again brSu ght
70 . conclusion adverse to Captain Birch.
The second excuse Is as groundless as the