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

may possibly say some things that are not strct,
~ evidence but the learned gentleman who appear
lot tne United States and the Court also can correc
me II err The proof was as stated IT.
me JuDGE, ~ The jury are the proper Judges.
Mr. ELLIS. Now, gentlemen, repeat, that the
commissioners declared distinctly that they did no
consider themselves nor the ballot box (or the polls
for perhaps they used that word) safe. Whether
they were influenced by the general rumor that the
s. Americans" should pass through the Marines to
vote, or whether they were influenced by their gen,
efal knowledge of the man who had the Marines
placed under his authority, is matter shall moi
stop to debate It is certain that they have sworn
they did not think themselves the ballot box sae
and should myself consider member Of the Ma
gruder party q IittN safer than Americans" would
DC N ms Keeping With this opinion Of their dan
ger, ihs Commissioners were right in closing the
polls, on the Marines approaching.
/; But you are asked by Mr., Keyh you do not be-
u Is true, my'quondam friend, Esquire Donn said
something OF the Sort and If he had said this few
years ago, when we were :" hail fellows, well nett"
might have been inclined TO be influenced by his
satenent 40 not intend TO question his yeracity
l have not forgotten "auld lang syne" and even if
the "loayes and fishes" have attracted him do not
so much blame as pity him :.
But MIR. Key says the vsting was all on one side
William Douglass, Captain Davis, and others on this
point who all declared that ''any man could have
voted native or naturalized who felt so inclined -
ana trust you will not permit the statements of our
n
huence your minds against the proofs. He is cer-
talnly making great exertons to convict the defend
ants | do not know whether he is influenced by the
nope OF reward; he is closely watched and perhaps
Il ne fails IN this prosecution, he may 'get his walk
ing papers" -
Now, gentlemen, having, as you must all have per-
celVed been addressing you in rather disconnected
manner, to meet the points taken by the United
on more general matters. Let me examine the gen
erai character OF the whole testimony by the United
states, and the general character of the evidence
the part of the defence #@ j."
1t is an obvious fact that all the United States wit
nesses are interested though not directly So in the
result of this trial The District Attorney looks in
qurIngly as if to ask Hoo" | do not mean that
they are directly involved in your verdict but they
dread the effect of your verdict ON the public mind
ifit should be Of acquittal The Judge has sug-
gested that aoe have placed the United States wit
nesses in the position of accused parties This is in
sober trath, trial between the police Of this city
(and their assistants the marines,) on side and
on the other those unfortunate men, whom the police
officers have got into their clutches
1t is general principleof common law that man
shall not be witness in his own case This princi-
pie does not apply to the United States witnesses
here as 1t regards the competency of their testimony
for they are not party to the record but there is
another principle which does apply to them and af
fects their credibihty. They are interested in pro-
curing conviction of the defendants to get rid Of
the responsibility which would rest upon them If it
shall be decided that there was no riot to Justify the
extraordinary measures resorted 10 by the city
thorities. ".. o.
tits undeniabe that the United States witnesses are
olcers o the corporation, or of the Marines who are
interested IN making itappear that awful riot was
committed by the defendants What is the Issue with
the P"bkcF The issue in this c9u,t is, did the de-
PENDANTS commit riotg but with the psble, The
question is, did these police witnesses do their duty?
And did the Marines do more than their duty
The United States witnesses, composing the city
Postc, have sworn that there was riot which they
could not 9uell and which could not be arrested
cept by military power-and if on these issues, you
acqut the defendants it will involve the condemaa-
ton OF those officers for dcreliction of duty or
for something sCUrse
do not mean to say, that ALL or any of the United
States witnesses have sworn falsely, but / do say
they are so deeply interested in the issues thus pre-
sented, as 10 affect their credbity. Mayor Magru-
der, Captain Goddard, Justice Dom, Captain Tyler,
Messrs. Birkhead, Owens, Frere, Ridgway Kearney
the smoky witness) Pyles, and even Mr. Carlisle
all are connected officially with the corporation or
with the Marines Itcannot have escaped your con-
sideraton that the verdict you render will Indirect
ly affect all those witnesses (more or less and that
their interest their anxiety touching
your decision Is proper question for you 10 consider
in weighing the evidence.
You have to decide, whether any, or all these wit
nesses have told the truth whether their testimony
was biased whether they testified frankly and with
out prejudice; whether Mayor Magruder is entitled
10 belief, throughout this whole trial. and if So
whether all on this side who contradict him. are to
L
cution are interested because your verdict Of "aOt
gully" as to these defendants would imply TO some
extent censure Of the police authorities of the city,
IL Is true, the city police, have done their duty
and the defendants yet be innocent but in the pub
lie mind as now impressed, the conduct and charac-
ter OF these officers, deeply involved in the re-
suit of this trial This affects the question of their
red,bility.
Now, gentlemen, having presented this general view
of the interest Of a the United States witnesses ON
the result OF this trial affecting their credbility
shall examine them one by one 10 show their errors
and contradictions and, as always take the bull
by the horns, will examine w. B. Magruder the
Mayor, first i intend 10 show you that his testimony
Is not to be believed, do not mean 10 say he has
committed wilful and corrupt perjury-but | say he
has testified under biashe has testified very un-
guardedly, dly,-thoughtlessy, If you pease,-or il you
will have 1t So corrupuy If do not show you that
he has sworn TO some statements that are not true
VIII leave this court house and never enter again
as an advocate.
The first thing to which shall advert in his test
mony is, that he said g the polls were closed and
there was no voting when he reached there in the
morning He did not get out Of his carriage on
that visit he may have been informed that the yo
ing was not gong on, do not knew nor care how
that is: he did not, however, assume to make his
statement on ilformHtion, or 10 give his opinion,
but to state fact witness. He says the polls
were closed when he went there" say il is clearly
proved they were not closed Mr. Larner says they
were not.-Mr. Vim. Lord says they were Nj
Lowery says they were not,-Mr. Bowen saws they
were MT closed whom Mayor Magruder went there
and Mr. Alexander testihes To the same fact and
gives you a reason for his statement which con-
iirms all this testimony beyond the possibility or
contradiction
Mr.. Alexander was the sixth man who voted after
the polls were rcopencd in the forenoon and he tells
You that he came out directly after he had voted and
that Mayor Magruder was there He thought at first
ne was the third or fourth man who voted after the
reopening Of the polls but he was the sih man, and
tins fact is lndsputably established by the polbook
and thus IT is demonstrated that, when Mayor Ma,
gruder was at the polls they were opea and Inc peo
pie were voting II is mol true then as the Mayor
testified, and as he stated in his letter To The Pres.
dent, that the polls were then closed A half dozen
witnesses all prvy TO the fact, swear that thcy
were o0en. There is no mistake on this point Now
whether or not DR.. Magruder knowingly tells nm I'm.
truth on this point, is question for the Jury
lie says they were Slut. the other witnesses say
they were opcn; and there is some little difference
between the polls being oDea or being StmI Here
let me read to you Mayor Magruder's letter TO the
President of the United States.
Mayors Office Washington, June i.lS57.
ITO the President OF the United States.
Sir Upon the report of credible witnesses. that
q band of lawess persons most Of them not rcsi.
dents Of this city, have attacked one tf the polls az
which the annual election is now in progress. and
have wounded some twenty good and peaecable
citizens, have driven away the remainder from the
polls have dispersed the Commissioners of Election
| and threaten further violence on any attempt 10
carry on the election ] respectfully request you to
| order out company Of the United States Marines