Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-08-11

brought up to the polls and blociading therefrom
the rightful voters of those polls
Mr.. Owen, also, told US that he performed the
part Of challenger on this occasion, and his duty
was to be an impartial agent, to stand between
those coniending parties; he is found 70 be In
nection with Mr.. Justice Dom In his laudable
endeavors to vote those imported citizens.
Mr.. Goddard, also, a candidate for Alderman
In that ward, mixed himself with the partisans
of this conflict interested in the result, and aiding
those parties who had been brought there to block
up the polls from the rightfnl citizens Of this Dis
trct He was not one TO stand up and prevent
naturalized citizens from voting, but he put his
Ioot upon the banded legion OF men who Were SET
up as having privileges over those Of native born
citizens. When any leaders Of any polit ical
party shall band to: ,ether and in solid phalanx
take possession Of any place for voting by an ar
rangement with design avowed beforehand, IL is
calculated TO lead TO disturbance and breach Of
the peace, whether by native or foreign voters.
so then in tracing the origin Of this morning
an,sy Justice 10 al required us to go to the first
cause and thus find ont the origin. He commended
that it was begun by this foreign legion.
He spoke Of the party of men from Baltimore
rejoicing in the euphoneous name of Plug UgIies
They amounted, according to the statement of
Mr.. Merrill, TO some ten or fifteen persons he
followed them to the polls. They stood there
committed no disturbance, and walked of with
out making any manifestation of an attempt to
disturb. They came back, and this Irish brigade
were in full possession. They divided them
selves, some on one side, and some on another
X
ercise among voters on all occasions. A man has
right to halloo. And when these parties re-
tnrned to that precinct the second time all that
can he proved against them was that some of
them appeared to he DRINK and Tioting. They
made No violent disturbance of the peace; and
from Mr.. Geddard's own account there was moth
ing which took place more than is usual At cleo
tions
But what did Mr. Goddard do, Did he act as
an impartial officer should do on such an occa-
sion No, he was cand date for Office and IL Is
testified that he went about collarng these people
and increasing the tumult. If he finds man dis
turbing the peace he has right to arrest him.
but he has no right to collar people who
making no disturbance. lie could make allow
ances for MessrS Dom, Goddard, and Owen, but
he conld not take the course of his worthy friend
the District Attorney, and impute TO mistake on
the part OF these witnesses crime he could have
some chgrity for these men.
Was il possible that such an assault, made a.
had been alleged, by these gentlemen, could he
made, and not be resisted by the party attacked
Or rather, did not this rush upon the Irish col
nmn create fight, in which Mr.. Policeman Bag
gott fred, If not the first shot, the two following
ones! This mob, AT least, did not have mus ketS
loaded with a ball and three buckshot, TO FIRE
upon this unarmed crowd of voters Ii was an
Irish shindy; and wherever you find crowd of
the sons of Erin assembled together Won find
shindy One Of them draws knife. Some one
says, I" There is knife, wade in boys.n They
did wade in. . -
lie did not Justify this conduct, but it was
great pity that those parties who D. ought those
II was great outrage, and he was not here to de-
fend it; but the question was, could they punish
them for it! They could punish them only ac-
cording to law, and the moment when you over
step the law. and impose punishment not guar
antied by the law, you break the law and infringe
upon the rights Of property and persons. Ii these
mon were proved to have been guilty of murder,
could they be found guilty under this indict-
ment No; because the Indictment did not
charge them with il, nor coIld they lie found
guilty OF riot; they were charged il is true with
4 riot; but il they were guilty of an affray they
could not he found guilty according to this in
dictment.
He proposed to call the attention of the Jury to
the distinction between riot and an affray; the
definition is certain, but various the acts of
man that when we come TO apply the facts 10 the
case il is often uncertain to what particular class
OF offences the case belongs according To tina def
milton. Here we have a riot and affray, and
the distinction between murder and manslauoh-
ter points out the difference between a riot and an
affray. A riot is disturbance of the peace a
preconcert, Premedtation; an ARRAY is dis
turbance OF the peace where persons engaged are
engaged upon u sudden occasion without pre-
meditation. Now, there is the difference be-
tween i riot and an affray.
Mr.. E.. here read from the law short extract
showing what constitutes riot, in order. he said,
that he might not he misunderstood as to what be
meant by his construction of the term. No i'm
partial mind, he commended. could look at this
evidence and not see that there is at least prob
ability that this ARRAY arose OUT of the sudden
ebuliition Of party feeling on the part of those
engaged.
mind prejudced by party may shut the eve
TO all that appear in the favorable TO the ac
cused and looking TO the testimony on the other
side, distoTt the facts and render j verdict which
is prejudiced and unjust IL will not do TO in
earcerate the parties here accused because proba-
bly, they are guilty. You cannot weigh proba-
blities in criminal trials. Ii Is better that nine
ty-nihe guilty ones should escape than that one
innocent person should suffer Nor, if you are 4
political jury, you may find the defendants gull
ty; but if You are filled with impartial, fair Just
sentimens, submit il 10 your jud gments, whether
upon thisevidence, you can find Of these parties
guilty of the crime charged to them. He need
not go outside of the evidence to find that they
were only guilty of an ARRAY, and not riot.
Mr.. Scott rested in his argument here; and the
jury are having recess as this repoT: closes.