The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-08
FROM sUTToN's REPORT.]
JUDGE CRAW FORD,
Presiding.
PHILIP BARTON KEY, ESQ, U. s.D.A.

VEsPAsIAN ELLIS, ESQ.
JOHN LINTON, ESQ.
WILLIAM j. MARTIN, ESQ.
JOSEPH III. BRADLEY, JR., ESQ.
WILLIAM J. STONE, JR., ESQ.
DANIEL RATcLIFFE, ESQ
EDWARD DARLINGTON, ESQ.
Nessrs Scott and Ellis (ate editor of the Organ
were this morning admitted to practice In this
Court. Mr.. Scott, lawyer of reputation, was
brought on special retainer e. ON Warrenton, Va
The parties are indicted for riot at the first pre-
cinct Of the Fourth Ward of Washington, on Mon
day, the first of June, 1857.
DEFENDANTS.
Daniel Stewart, Isaiah Stewart, George johnson,
Vanloman johnson, William Garner, Charles Hup-
die, Robert Stafford, William Jones' Charles Spen-
Ger, George G. Wilson, William B. Wilson, Michael
Hoover and David Lewis
Many Others indicted are not in custody
The Jurors were sworn and Intercepted
/. Have you, at any time formed or expressed
an opinion as to the guilt or innocence Of the par
tie' or any of them?
2. Are you twenty-five years of age?
8. Are you worth $500, over and above your
debts?
Mr.. BRADLEY desired the Jurors to b, ques.
toned as to their opinion whether there was riot
at the time specified in the Indictment?
1t was overruled by the Court who limited the
enquiry to the point whether the Juror had a
bias for against the defendants that might affect
his judgment.
Mr.. BRADLEY desired Mr.. stott to be asked
in what country he was born, but It was ovsruled
by the Court.
James Barnes, James w OFT, William T. Jones,
: William Van Riswck, Daniel Lightfoot, James M
Taylor, John T. Bradley John E. Neae, George
N. Sothoron, Samuel Stott, Abraham Butler and
John E. Kendall
Several Jurors were rejected, because they had
formed opinions as to the guilt of some of the par
ties. Others because they had not the property
qualification.
The DISTRICT ATTORNEY. May it please the
Court, gentlemen Of the jury this is an indictment
against the defendants for riot. Many others
have been indicted who have not been arrested,
and therefore are not on trial. You will find when
you take the Indictment, that those who are not
on trial are marked, SO that you may distinguish
them from those defendants who are on trial
They are indicted for a riot in the Fourth Ward of
this city on the first of June last. / deem il un
necessary to make any statement of what were the
circumstances attending this offence; will leave
you to collect it from the evidence as you will hear
it from the witnesses.
MR.. BRADLEY, Sen'r We prefer to open our
defence to the jury before the United States shall
present their evidence; and with the permission of
the court, will state to you gentlemen of the
~
defence we set up in this case.
know OF no event in the history of this country
OF deeper or more paramount interest to the ques-
ton now to be submitted to your consideration.
/, Certainly since the American revolution there has
been nothing like it this continent, unless in
Mexico. have never read or heard OF such a
case as that which you are sworn to examine.
know il will be impossible for me to CO nmunicate
to your minds the impress on my own. / know
it will be impossible for you feel in regard it
as do for have been placed for the last six
weeks, nearly two months, in position different
from that which you occupy, and have made II
my business to enquire with some degree of dill
gence into the incidents connected with this trans
action. 1t s the first time in the history Of this
country that the government troops Of the United
States have been called out to fire upon defence
less citizens. ] hope, gentlemen, il will be the
last. II is the fret time In the history of this
country that the police of the city, strong enough
to suppress any riot among the people Of the city,
or any disturbance of the peace, were not called
out in order to exert its force before resort was had
to military power. repeat that know Of moth
lug like it since the celebrated massacre in Boston,
in l77O. If any Of you in your retirement will
take the trouble TO read the history of those DAYS
you will see something like the matters you have
now TO examne-you will see something like this
in those events which occurred when the govern
ment troops Of Great Britain fired upon the in
habitsns of Boston, and In il you will find one of
the leading causes the American Revolution
Our defence is first: I scarcely know upon the
opening made by the United States, how to shape
it--that there was no riot at the polls OF the 4th
Ward, 10 the city Of Washington, at the time
charged, but sudden ARRAY on the morning OF
the day Of election--s sudden ARRAY in which
Two political parties were concerned-an ARRAY
which will show you was anticipated by one OF
those parties perhaps by both; but It was
affray springing up from sudden and accidental
causes and not riot in the strict legal technical
sense.
We will show you that that affray had ceased !;
that IL lasted at the outside, not more than three
minutes; that four hours Of peace, and quiet, and
order, prevailed at those polls that the voting
went on as quietly as you are now sitting in that
jury box that no man was prevented voting lut
one, who attempted TO vote with dead mans
papers; that they deposited their votes without
interruption, without trouble for four long hours,
an peaceably at any other polls In Washington |;
and that while this is going on; while there was
not cloud In the heavens, while the sky was as
serene as the sun ever liz up the armed forces of
the United States, were brought there to suppress
a riot Peace and order prevailed there, and
while voters were going through the quiet and
regular process OF voting, the armed forces of the
United States were brought out, ostensibly to
quell riot but, as we will develope In the
course OF this investigation, for o very different
purpose
IS TO the affisy in the morning If it be riot,
charge here, and stand on proof to support the
charge, that il was sought and brought about by
the executive authorities of the city. Ifthere was
riot, these men who are put on trial were acting
on the defensive ] win give you statement Of
the facts which lead TO that conclusion. will
show to you by indisputable proof that the Mayor
Of this city informed, during the week before,
that Il was understood that men would come from
Baltimore to disturb the election and respect.
/, able citizens making such statement, be said 81
know all about Il, am prepared to make affidavit
for their arrest, and viii have the police at the
station house TO arrest them" / will show you
that the number Of Marines was specialized upon
by the authorities Of this city. ] will show you