The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-05

crowd. He said he had before that been struck
On the head by stone, and my friend argued that
u corrooorated Birkhead's testimony, but how he
could, do not know, as he was in the rear rank.
MY friend did not show where it came from, and
think IL is out OF place in Prosecuting Attorney to
seize upon fact soutterly nconclusve and seek to
sway the minds of the jury to such conclusion.
Now, whether he fired with or without orders, do
not know how it will be held in the City of WASH
ingt0D, know how it has been held ia another coun-
try where the lawsar admirably administered, forI
believe in no country under the sum- are tile rights
ofpersons, and rights of property more sacredly
respected, more carefully guarded, and held more
secure than in the kingdom of Great Britain.
wish could say the same for this country Re-
publican as we are, Democratic as we are, wish
could say that our laws were as equally, faith
fully, as mpartally administered as they are in tho
country from which we derived them. find
pertinent case i'm the work from which have al.
ready quoted--R RUSSELL 6l3--to which will call
your attention. 1t is the case OF sentinel on an
English armed ship, who shot man who was APP
preaching his ship. 1t is in these words:
" If a ships sentinel shoot man because he
persists in approaching the ship when he has been
ordered not to do so, it viii be murder, unless
such an act was necessary fer the ships safety.
And il will be murder, though the sentinel had
orders to prevent the approach of any boats had
ammunition given to him when he was put upon
that it was his duty. The prisoner was sentinel
on board the 4chilIe when she was paying of.
The orders to him from the preceding sentinel
were, to keep off all boats, unless they had
officers with uniforms in them, or unless the
officers on deck allowed them to approach and
he received musket, three blank cartridges, and
three balls. The boats pressed, upon which he
called repeatedly to them to keep off; but one of
them persisted aud came close under the ship
mi ba han Hrad az uho ~, 4 II,
and killed him. 1t was put to the jury to find
whether the sentinel did not fire under the mis-
taken impression that it was his duty; and they
found that he did. But, a case being reserved,
the judges unanimous that it was nevertheless
murder. They thought it, however, proper
case for a pardon; and further, they were of
opinion that if the act had been necessary for the
preservation Of the ship, as if the deceased had
been stirring up mutiny, the sentinel would have
been justified"
1t will be observed that the crowd on Seventh
street never received word Of warning, IF they
did, from whom did it come? r h or without
warning, they were shot with il ly; while in
England ships sentinel with Ioaded gun put
into his hands, with orders to keep off any one
that might approach his ship, after giving the
warning, shot a man; and what was the conse-
quence? The sentinel supposed he was acting in
accordance with his duty; but that was not allowed
to pass unnoticed; that poor boatman was not al
lowed to 60 to his grave without enquiry into that
act. In Great Britain, under the laws that pre-
vail, and under the administration of those laws.
the homicide Of that poor boatman was enquired
into judiciay by the proper authority it was as
certained who shot him, under what circumstances;
and the perpetrator was brought to trial Ajury,
under the guidance of learned Judge, sat upon
his trial, and the law was expounded to that Jury
so as to cause them to find him guilty of murder.
1t was hard case upon poor sentinel The law
made 1t murder; and as in that country the law is
administered, the law condemned him; but the
merciful prerogative of the crown was put in requ
sition, and he was pardoned. So that say, If you
sat here to try the man who testified there, and
had nothing but his confession before you. YOU
would convict him of the unlawful shooting, and
doubt if a British judge would not have put him
into custody under his bench warrant before he
left the presence Of the court Be that as It may
Americans were slaughtered, manned, wounded,
and left weltering in their blood, upon the pave.
ments of the streets, and the city authorities the
criminals the spectators Of the sight, turned from
the bloody scene, and proceeded to and RECALLED
themselves in public Office, and left those poor
men to be put into their bloody graves without an
inquiry as TO the cause and manner Of their death
and we stand here investigating these circumstan.
ces in a case of misdemeanorl
Is it that this prosecution has been instigated
for the purpose of shielding greater criminals? Is
it to relieve'the public mind, to conduct the pub.
lie inquiry into this channel, that the public mind
may not require public inquiry into the criminal
homicide of the first of June? Who were those
that figured in this prosecution? Men who come
into the court with their hands dripping with the
blood OF those murdered persons, with their gar
ments stained with their gore. They are the men
who figured most largely in the prosecution. Look
at their evidence when they come to you in such
apparel scan their testimony seek into their
motive. All these things and more ought to be
done, when you come to determine the credit that
is due to the testimony If you find them strain
ing facts, distorting what they have seen, swear
ing to what is inconsistent with what others have
sworn to; If you find that, in the course of this
proceeding they have sworn to what is confessedly
false, and practised imposition upon confiding
Executive. you will think that they are the respon-
sible authors Of the bloody work; you will see
motive to actuate them in giving shape and color,
and direction to the testimony. You will see that
it is to their interest 70 get up this prosecution,
to lead off the public mind, TO hoodwink the pub.
lie Judgment that in the conviction of these par.
ties, or Of some of those who are arraigned here,
they may escape the consequence and the penal.
ties OF the crime of which they must feel con.
scious.
Gentlemen of the jury have occupied, am
aware, great deal too much of the time of the
court and really regret that have made so poor
return for the indulgence which his Honor grant.
ed to me yesterday. should not have asked il,
but did not like to complain of being unwell Il
would seem to be an excuse easily Matched up Twas
not much unwell, but was out Of condition to
make an argument, and I say again, am sorry that
have made so poor return for the indulgence of
the court. But, gentlemen of the jury, speak
with others, in behalf Of persons against whom,
under the instigaton Of this set that have been
describing, this prosecution has been gotten up,
and is sought TO be conducted 10 its conclusion
under the authority, and power, and means Of the
United States. speak in behalf of humble citizens
in defence of an accusation started by individuals