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

fred 6stoys thess young men fred pistol and threw
stonel say then, that if we admit (Which We 90
not and cannot admit upon the testimony tnsS me
act charged upon Spencer sOas sommitted y yss
effect upon the people who were psaosaby standing
Ut Allston's corner, several Of whom were left welt
ering IN their own blood. nom thst murdereua nrs
But the District Attorney says, that the tesdmony
| OF those witnesses who appeared in behalf OF the
defence and that they at Allstons corner
and did not see the acts TO which Brkhead testified
tive certainly ii this, Tia. il nsgatsss he ssssimSsy
OF BrkheadI They did not see what he saw, and Y
their testimony had stopped at this point II would
DC SIMPLY negative proof but they further state
failed to see them. Thus il becomes affirmative
proof for they that what Birkhead testified 70
could not have occurred without their seeing itand
/ they did not see It'll. pl
But wonderful to tell the District Attorney says,
| that Mr.. Noakes looked down the barrels of two
muskets at once" and therefore his testimony cannot
be true-yea, he looked down two musket barrels In
the hands of Marines standing ten or fifteen feet
apart Now, gentlemen there is no inconsistency,
nor anything strange in this II matters not, though
those Marines were fifteen feet apart they were In
front OF the witness, and those muskets were pointed
towards him. have tried the experiment TO satisfy
myself and say here that If two muskets are pointed
towards you, held by persons few yards In front OF
you, though such persons are fifteen feet apart you
can, at glance, decide whether they point towards
you.
OF course, you could not look down two musket
barrels if they were pointed from opposite poles
from the North and South; but these two muskets
were pointed from the ranks in front of the witness,
across the street. and there is nothing in the test
mony of the Marine, who was introduced, to impair
| the testimony of Mr.. NOakes, even though this
Smokey witness" says, that he was near the LETT
of the line, and the other Marine referred to- in
| the centre of the first platoon.
But again. the witnesses for the defence t is said
do not agree as to the point from which the firing
by the Marines began. The proof is, that there
Marines at about the same moment.
The firing came from the first platoon Of the first
company-then, from the second platoon Of that
company and then followed the firing from the pla-
toon of the second company in which this smokey
witness" stood 1t was impossible for any man who
was not perfectly cool and collected to say with
tainty, whether the first firing came from the right,
the centre, the left of the nenor is It strange
that there should be difference Of opinion amongst
the witnesses on this point. On point, they all
dgree 70 ao that there was most terrible butchery
citizens standing at Allston's corner
care not whether the first firing came from the
right Of the rstthe left Of the irst--Or the right
re q ry tn
wards Allisons corner, and half dozen unofendng
| citizens were inhumanly murdered by that deadly
firing OF this no doubt exists there is proof
tending to contradict this awful truth, and it is idle
to say that witnesses contradict each other be-
they do not all concur in opinion as to sohich
platoon Of the Marines commenced this havocl Does
| the United States Attorney suppose, or would he
intimate, that our witnesses have sworn falsely
Not at ALL But he would have you believe that be-
| cause of our witnesses thought the firing COM
menced at the left Of the first company and another
thought it began at the right of the second company,
| therefore our testimony must be thrown outl Why,
gentlemen, these unimportant differences prove the
honesty OF our witnesses and render their state
ments doubfy reliable.
I +hatx IL.
facts as proved by dozen witnesses--that the Ma
rnes fred forty fifty shots towards Allston's cor
| ner, and that numerous persons were killed and
wounded by that fire.. care not from what portion
of the Marines the first shots camel They fred
| upon the people at Allston's corner-they killed
several, and they wounded others And why that
frngS For what cause did they fref Why, man
had been wounded in the platoon, which had at
| tackled the swivel at the north end of the line-a
pistol ball buck shot had entered his cheek-he
went running down the line towards the left with
the blood upon his face-the Marines were excited
as) they fired witosa orders, throughout the whole
line killing and Gripping the bystanders without
distinction! tt ':..
Allson's corner? Was there even the slightest dis
turbance of the peace there? Every witness tells
you there noneno rioting at that point-no dis
turbance there at all! For, bear in mind gentlemen,
and the pretended stone-throwing by Spencer-bot,,
were subsequent to the first firing by the Marines, as
testified to by Birkhead, who stated that hen Hill
airy, and Spencer, and others came out from that
ner, one Of them said, "Mey are firing blank car
hidges at as" and thereupon (says Birihead) pis-
tol was fired, and stone was thrownl
Such is the testimony of the United States as TO
the transactions at Allston's corner.
Well, Mr.. KEY tells you that there is a dis
crepancy in the testimony of witnesses as to
Spencer; that Mr.. Kettleman saw Spencer ON the
sidewalk halfway between Allston's corner and "T'
street. and Mr.. Fenton saw him below Hyatts store
some yards SOUTH What difference does il make
where they each saw him? He had been wounded
just below Alstons corner, by the firing Of the Ma
rines near where Kettleman saw him, and he had
hobbled along to the point where Fenton saw him
What discrepancy is herep see none.
Gentlemen of the Jury, if Charles Spencer is sat
ised to put up with the wounds he received and not
prosecute the williams who shot him, the United
States should be satisfied to let him alone say
here that any man who fires into q crowd of I'M
offending citizens, did the Marines on that day. is
coldblooded murderer care not who is respon-
sble for that act, 1t was murderl
Has it come to this, that when military company
is on parade called out TO keep the peaceor for
any other purposeand they are standing in line or
marching through the streets, with muskets loaded
with balls and buckshot and somebody fires pop gun
at them-throws brick bat or stone at themeor
otherwise insults them, they 10 turn and shoot
into crowd of innocent bystanders2 itE
II is new doctrine that the Marines or any mill
tary company, is entitled thus 10 take vengeance
If the chole Of that crowd had assaulted them with
brickbats, stones, budgeons and pistols, the case
might be different; bit, when two or three or halfs
dozen persons in crowd of innocent citizens throw
missiles, or otherwise assault military company
they have no right to turn and fire at that crowd
unfortunately. They might under peculiar cir
camstances, be justified in sending file Of men to
arrest the assailantsj they might call upon the
police 10 arrest them(no gentlemen not the police
Of Washington, who cannot keep dozen boys from
Baltimore quet--they would be of no avail; do not
call upon them upon such occasion but il the
military should be thus assaied by two or three
persons in crowd of hundreds Of quiet citizens the
remedy is not to turn and shoot tie snnoceat but to
adopt some means to arrest the guilty. lla
Thank Godl we have not come TO that pass vet
when the people recognize such superiority in the
military How far the military may, in the future
be elevated above the civil power--how far they NAV
trample upon the rights of the people hes-how
soon our form of government may be 90 far changed
that may be obliged to take off our hats or bend
the knee to the Marines knoso not but II has not
yet TO that; and until it shall be sanctioned by
law, trust that you will not decide by your verdict
that the Marines may shoot down innocent men,
soea II, perchance, they should be insulted stoned
or fred at, by q few lawless men, in a crowd Of
citizens. That doctrine will not do yeti IL the time
shall come when the rack shall be introduced here
TO make Americans" change their opinions, as IL
ha ham Ipx,a al H.. -.