The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-19


u Is nothing moro than we have right TO expect ;
but when men OF character coDdescend 10 assist
and encourage them in their deeds Of outrage and
Of blood, their conduct is without palliaton or ex
cuse, and their condign punishment Is the best
atonement that could be possibly made TO an out
| ragged and violated law.
| Why, gentlemen of the jury, the learned Dis
trict Attorney has entirely inexperienced my OBJ.
ject in introducing this evidence. assure you ii
was not by way of appealing TO your mercy mot
| by way of palliatiDg his conduct--this / would
scorn TO do, and am thankful necessity does not
tempt me to do; but his good character was
proven BY way OF furnishing another fact tending
| to show his innocence For / affirm it to be
rule OF law within the hearing of the Court, and
| If am wrong, am sure that his Honor will set
me rght--that good character is fact to be con-
sidered by the jury, in connexion with all the 9TH
er circumstances in the cause, in forming their
verdict--a fact, which in doubtful case is con-
elusive OF the prisoners innocence fact which
has often come to my assistance in many despe-
rate criminal cause--a fact, which often appears,
when all else would fail, like seraph of mercy, to
unbar the dungeon door and set the captive free
Then, Il the question of Charles Spencers guilt
or innocence Of the charge preferred against him
| in this indictment is doubtful his good character
turns the scale in his favor, and entities him to
prompt and decided verdict Of acquittal The rea-
is founded, is another striking and beautiful illus
| tration Of its benignity and wisdom--it Is this
That It is competent and proper for the jury to in
fer in every doubtful case that man OF good char
acter Is incapable OF the conduct imputed to him.
Aud beg you, gentlemen Of the jury, when you
are considering this branch of the prosecution in
your retirement to bear in mind the testimony of
the other witnesses for the defence Mr.. Allrich,
Mr. Southron, DR.. Blood, Dr. Clayton, and Mr.
Ill. ~ 4. I
shall not trouble you with arecapitultion Of their
respective statements, suffice it to say, that they
fully corroborate the testimony OF Noakes. Ever
EFT, and White But must be permitted to notice
the testimony ofyonng Fenton somewhat in detail,
| because there is an important and material dis.
crepancy between his narrative and the testimony
Of Franklin Birkhead and if his impressions are
correct, his testimony tends very strongly prove
an abb in the case of the party whom repre- sent
on the present occasion; he is another Of the nno-
cent victims of military law, as it is administered
in the city Of Washington under the present dy-
nasty. He bears upon his body now the wounds
ne received from the guns of his own countrymen
without cause or provocati0n. Hear him. His is
| voice coming, as 1t were, from the grave, for he
barely escaped, with his life, the scenes of that
| bloody day. He was Intercepted and deposed as
follows, substantially was standing at Allstons
corner, where all was quiet and orderly; saw the
Marines FIRE, and received byl,et turned and
ran stumbled over the dead body of Allston as |
was running heard another report from the Ma
rnes; and at that moment saw man whom took
to be Charles Spencer, fall / then asked him this
question: Doyou recognize the young man sitting
by me, as the person you saw fall near Magruders
corner, as you have just stated? His answer was
Twill not swear positively, but am quite sure
! hea;s the man.
Now, gentlemen of the jury, if Fenton is correct
in his impressions-f the man he saw fall near Ma
gruders corner, as he has stated, was, in point of
fact, Charles Spencer land of this have no earthly
doubt two conclusions follow irresistibly First,
that the fire which wounded Spencer was not the
same that slew Alston, as was sworn by Franklin
Birkhead. Second that Spencer was not engaged
In front OF Astons corner at the time and in the
manner 10 which Franklin Birkhead has made oath.
And yet, in view of these facts, the learned Dis
trict Attorney has thought proper in the discharge
Of his professional duty, to charge Charles Spencer
with being the man who drew the fire of the Ma
rines upon Allston's corner, and thereby the MUIR
derer of Allston.
Gentlemen OF the jury, is not this adding insult
to injury? Was it not enough to shoot him al
most to the death with American guns upon Amer.
lean soil-expose him to the open shame OF pub
lie arrest--drag him from the desolate hearthstone
Of his widowed mother, whose cheeks are scarcely
dry from the tears shed upon the newly made grave
of her husband-charge him before an honest Jury
OF his country with being vioator of the law and
disturber of the public peace? Great God was
not this enough No. gentlemen of the jury, IL
seems that the learned District Attorney in his zeal
and ardour to effects conviction must lend his aid
to the mistaken, or, If you please, perured Birk-
head 10 cap the climax Of this young mans perscu-
ton by an attempt to fix upon him the stain of in
| nocent blood. appeal to you, gentlemen of the
jury, in the name of justice and humanity let this
deep and damning sin of Alston's death rest where
it properly belongs-be men and fear not-cast
upon those who sit In high places, the burden Of
their own bloody deeds.
Here, it seems TO me, | might safely rest my
case. But esteem II the duty of an advocate to
make every point of defence that his cause will
admit, and IL he fails TO do this he may properly
be charged with the sin Of omission.
| Then, gentlemen of the Jury, my next propos;;
ton is, that upon the hypothesis that the testi.
mony OF Franklin Birkhsad is strictly true, my
client is not guilty as indicted; and therefore,
| however guilty he may be in your estimation OF
improper conduct on the occasion referred TO, he
Is, by law, entitled 10 your verdict OF acouittal
and will obtain 1t, for spprehend this jury cannot
be persuaded 10 transcend the limits of the law to
convict, although they might be induced to strain
1t little in order to acquit--that IL you at all
you will prefer 10 upon the side Of mercy that
IL will afford you the most sincere pleasure 10 re-
store this young man to his family and his home,
whatever bis errors may have been, II you can do
so consistently with your sworn and solemn duty
as jurors remember arguing case before you,
not long ago, where the party was charged with
larceny, and in defending him ! succeeded in
proving that he not guilty of stealing, but OF re-
ceiving stolen goods; the jury evidently considered
the receiver quite bad II not little worse than
the thief; yet he was acquitted. Why Because
the jury we're confined to the allegations in the
Indictment and we're compelled upon their oaths
to say that he was not guilty as indicted You
will observe that the indictment in the present
case contains but one count, and that is count
charging the parties on trial with riot on the
first OF June, 1857 Now, unless you are satisfied
from the evidence in this cause, beyond all rational
and reasonable doubt, that Charles Spencer's par
ticpation in the indictment renders him guilty Of