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

Now plant myself on the evidence ana mere maln,
tain that Dr. Magruder has stated that which is hGf
true but whether ignorantly by mistake or through
corruption know not; he has stated that when IS
not rue in hat a dozen instances as have shown,
and you cannot give him credit when he esl l %
any other circumstances Ii he is even mlstskeh nc
is not 10 be believed: If he has corTupuy mae tnese
statements, then of he is not 70 DC peleyea
You have heard that with politicians a pianaer y
worse than crime but whelner ~. Mag ruuei
plumbers are crimes, shall leave you gentlemen TO
determine. a.
DR.. Magruder further sal 1, he did not order the
polls to b. opened" He sad SO expressly; :,
asked him by what authority he ordered the polls
10 be opened and he "smelt a rat He 10 no fool
oentlen en--do not believe that Whether he is or
Is not that which is sometimes put in contrast with
a fool do not say-I leave II TO your decision: He
said ~ did not order the polls to be opened, and
in this declaration ne conIradcts Goddard, Dom,
and others, who testified that he did have no
doubt that he ordered them TO be opened, but when
asked him by what authority he did lt,-he could
not tell, and therefore he chose TO decline being
placed IN the category Of having given an illegal
orderl Here then is the seventh or eighth instance
in which DIR. Magruder has erred, CHAT ls mid
term,) made mistake, or committed q blunder.
Now, can You believe him in anything he has said
when he has testified in SO many Instances to that
which is not trueg | am sure you will rather be-
lieve my quondam friend, Dom, who sat down.
wrote his stlement--put his name TO It, and swore
that DR.. Magruder ordered or demanded that the
polls should be opened" When DIR. Magruder
however had testified that he did not give any such
order il is true my friend Donn kind hearted, iiber-
al man as he Isl said, on cross examination, that he
"alowcd every 10 put his own construction on
his own words and though Dom had been con-
tradcted by DR. Magfuder lie said "the gentleman
has right to State what he did say!' But has
witness rgt to change his ann statements to please
his frendsg
I know the good heart of my old friend Dom
we have had many u jolly time Of it together in
good cause, and know how to appreciate b iber-
atty IN allowing Dr. Magruder thus to get out OF this
n IL2 pN Naf Sp(
lie SAID ii anu lie Ssuck to 10!
The grand jury's report published in the news
papers, states, that one hundred and twenty wit
nesses had been examined, end that some of these
witnesses proved the fact, that Dr. Magruder did
order the polls TO be opened! do not ask the Dis
trict Attorney to bring these one hundred and
twenty witnesses to establish this fact (abont the
order TO open the polls but still would like to
one Of those one hundred and twenty witnesses who
can testify againt the four men, Hurdle jones' Car
ner and Hoover, who were indicted (by the grand
jury,) but against whom no testimony has been Of
tered aud whom the United States Attorney nor
asks this jury 10 ac9ut!!
ask how this body of men could irdict these four
defendants, and yet the United States Attorney
not ascertain upon what testimony they were in
di:ted wi not say that this report (of the grand
jmy was published and sent out Tor the purpose of
max ng an mprs ssion all the country, adverse
10 the American party. l will net say this--but
have right to tetleUe what chooses 1t is also some
what remarkable that report similar to that of the
grand jury should be made to the Board of Aldermen
and be sent broadcast the country stating many
things as facts, which the United States Attorney
notproye here! therefore caution you against being
led astray by the one-sided statements and reports
in use papers and esp cally by those IN one (he In
telligencer) which was very conservative, but
which has given two whole pages of NATTER since this
Jury seas siooy containing statements facts which
the United States Attorney has not proved and
which Il affirm he cannot prove
DISTRICT ATTORNEY. Is that newspaper in
evidence2
The JUDGE. The gentleman must confine him.
self 10 facts in eyide &c.
MR.. ELLIS. only desire, sir, to guard the Jury
against the influences OF these publications.
Gentlemen, am done with those reports" They
are not 1t IS tsue IN evidence before you but justice
demands that their errors should be exposed am
done also with DR.. Magruders errors and care not
whether he has testified ignorandy or corruptly.
With regard to Captain Goddard ! can bring Dr.
Magruder and some others to contradict him. Cap
tain Goddard said that DIR. Magruder ordered the
polls lobe opened. Magruder says he did not They
hatly contradict each oiher They cannot both have
told the truth. Goddard says "he did," and Magru-
der says "he did not!
Now adopt the liberal principle of my old friend
Dom, if you like and let DIR. Magruder explain for
haDseyI de says he did not order the polls opened
If that be SO, then Captain Goddard is mistaken.
de stands unimpeached as a moral man. but he
has sworn that at the riot las he terms iD there was
30 much confusion lee biegea the civil power could
not quel i,(yet he did not invoke the civil power)
he made oath 10 that etectbut he is interested in
sustaining this vew This - all have 10 OF him
hsye-he Is the very man who ought ~ have arrested
those pretended rioters-he is the man who could
have done it, If he had chosen to do So and had re-
sorted TO the proper means
am sorry that am obliged to have little till
here with my quondam friend Dom, about matters
TO which he testified but in which he had not been
sustained by other witnesses
he tells you that several persons pulled some men
over the PEN" Justice Dom shook his head. !
do not wish to mssate anything this witness said,
and have no time 20 look over my notes Of the evil
dence, and Justice Dom shakes his head. Well then,
understand that lie did not say ] am glad he
says he did motif dsposes Of an important portion
Of the evidence of the United States, We had been
told, as thought, that were pulled over the
barrcade by the hair Of their heads dragged out,
awfully beaten and prevented from votingl WAS
other witnesses, "a could not be true. NY quondam
friend shakes his head, and infer that he did not
say SO.
lie stated, then, las now understand) that one
man was numerically beaten-dr6Qged into Tie mid
die Of tie street, and wounded in his head. Now,
the other witnesses say that soon this man was
brought 10 the sdttOItk he was let go Justice Dom
says he carried into the middle Of the street
and there beaten" whilst all the others saw that
he was somewhat beaten whilst being taken from the
barrcade, and "let 60" on the sidewalk. Larner
and Bowen (AmericansD intcrfered in his behalf
and he was allowed to go down the street This
was the man, doubtless, who had tried to vote on
dead mans pdperSi There is not a very material
contradiction between these witnesses, and out Of
respect 20 my good natured, excellent worthy old
friend Dom, shall not insist that he made very
great mistake, but simply that he colocd the matter
ttlei therefore proceed to other portious of his
testimony. .tM
Mr. Bonn saw, or heard Tor both pistol fired
fee tinge from the northeast corner opposite the
polls, which be took 20 be !" a signal for rush upon
the voters" WE'LL gentlemen the story Of the hun
bred ears" should not be forgotten here I am in
clned TO think my old friend was little alarmed
not that he lacks personal courage, but he little
confused, and perhaps Northumberland surely the
firing of FIVE pistols in quick succession was enough
both 20 alarm and confuse him. l am further IN
clned believe he gave play 10 his imagination, Tor
we have FIVE credible witnesses who say they were
In n position 10 observe and hear what was go ny on
they we're cognzant Of oil the passing events there
and they did not hear those five signdg shots nor
either ofthem from that quartcrl
Instead Of these FIVE pistols being fred sig
par for an attack on the voters the first pistol they
heard was fred by the chief Of the police Bsggott
in another direction, and the second was fired by
the same person Did Baggott FIRE "signalsY /
will not press my friend too hard will let bin of
easily, and say that he was mistaken: that he did
not hundred bears" he only saw black
stump" which doomed up threateningly 10 his
vision
But he also swears 10 deadly weapon (part toma-
hawk and part sedge hammer from bis descripton,)
which was cal ed by others a cold-chisel and which
was put up on the fence near the bsrricade and he
h..,.