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

The Court decided the point in relation TO the
calling Of new evidence on the part Of the prose-
ention; that the evidence proposed TO be adduced
was only in confirmation of the evidence IN chef
Mr.. Kew proposed 10 cali John Rainbow TO give
evidence In relation to the spiking Of the gun he
stated that he expected 10 prove that the gun was
spiked by the witness whom he proposed 10 o-1ng'
on that day.
Mr. Bradley objected TO the evidence, saying
that u was plainly evidence in chief. or confirm
atOry evidence, and, as such, could not be i'd
mitted. --.--s
The Court held that the evidence might be
given, as the United States had elected no evil
dence on that point, and il was clearly rebutting
testimony.
Dr.. John Raimbo,c, sworn Saw the gun
either on that day or the day AFTER was invited 10
look at the gun; advised that II be spiked; took
square file and drove IL in the touch hole an inch
and half and there was no obstruction or resist
ance TO the file as IL entered
Cross-sramiHsd The charge was being with
drawn when this took place; witness did not
anime the bore Of the gun after u had been un-
loaded; drove the file I'm some two inches; II
might have gone In further, as nothing appeared
10 obstruct It's passage; was not positive that II
was on the same day or the day after the gun
captured; 10 was in a small room In the basement
Of the City Hall, in charge OF the chief Of police
docs not know where the gun is witness is
ship carpenter, and is well acquainted with
guns
AIe1GHdsr Patterson, (marine,) sworn After
the gun had been captured, witness put sand
and brick dust In the touch hole, pounding q I'm
with stone this was TO prevent It's being used
against the marines had II been recaptured
CrOss-exGnIiHtd-Witnes did not examine the
touch hole before pounding the sand and brick in
1t; witness tried his best TO fix II so that II could
not be discharged.
PGfrick ksGrsay, (marine, } sworn.-Never saw
Mr.. NOakes I'LL after the firing was over; never
pointed 4 musket At him; Whitehouse was not
near witness; witness was in the rear rank of the
third platoon from the left: Whitehouse was I'm
the second company on the right Of the line
o. Cross ramiRsd.--Witness fired once, and re-
loaded; could not see for the smoke was struck
on the head with a brick, and fired to the front;
was opposite the corner when he fired; was the
third man in flank from the extreme left; the
smoke was so thick between witness and the
corner that he could not see half way TO the cor
ner; no one from that corner could have seen wit
ness.
Major ZeiIia, sworn Commanded the first
company Of marines on the first Of June.
Me-. hey asked the witness IL lG was with Capt.
Tyler when the committee waited on him, and
heard the reply of Capt. Tyler, and whether he
didn't say to them, q Then, we'll take the gun!';
Mr.. Bradley objected TO the question. Over
ruled.
William L. Ross, swoFn.-Knows James n.
Riley; never requested him TO 20 TO Capt. Tyler:
did not see him that DAY; was not up so high as
the market house that day.
Mr.. Bradley asked the witness whether Mr.
Riley did not say 10 him on Yesterday that he did
not recognise him to be the man who was pointed
ont to him as officer Ross, on election day, and
requested him To 90 to Capt. Tyler with a mes
sage 10 take the marines away
Mr.. Key objected TO the question, and il was
ruled out by the court.
Mr.. Bradley excepted to the ruling.
James X. Riley was called, and Mr.. Key OF.
Jected 70 his being examined. He stated that the
defence had closed their case. The question with
them now was, whether Mr.. Riley having said in
his evidence that officer Ross sent him to Capt.
Tyler, they could bring him back 10 make ceT-
tain qualifications In his testimony of Yesterday
The point was debated at some length by the
District Attorney and Mr.. Ellis.
"a 81.
cutiOn had no right 10 have had Mr. Ross testi-
nony given to the jury without his having been
identified by the witness Riley that Mr.. Ross
having been sworn and having given his testi-
mOny, it was due to the witness that he should
have an opportunity to explain himself and he en-
cuipated from the imputation sought 20 he put
upon HIM by the evidence Of Ross He submitted
that that was his right and privilege, and thai it
was the province of the Court TO allow him thai
right. he being here under the protection of the
Court.
Mr.. Key replied. alleging tina, he had an IN
doubted right 10 have the rule Of the Court strictly
enforced ia regard 10 admitting testimony on the
part OF the defence after they had closed their
case
Tie Court decided thatthe witness might be-
recalled and say, and only say, what he said yes
IeIday IN relation 10 Officer Ross
The witness was recalled. and said that ne said
yesterday that he did not know NJ the time that
the man was Ross, but that he was after wards
told that u was Ross. Mr.. Ross was Brought into
Count, and the witness failed 10 recognize him
the man who sent him (yvitness) to Capt Tyler
On being cross-examined by the District Attor-
ney in relation to his knowledge of the face of
MI Ross, The witness acknov lodged that he mad
known him by sight since last March year
ago. and that he knew his face well mp to the first
OF June, since which time he had not seen him
Mr.. Kew here announced that he would rest the
case, aud proposed TO let il 20 to the jury without
argument, with the consent OF the counsel for tine
defence
Mr.. Bradley refused TO aceede to the PROPOSE
ton, and the Court adjourned
HIFVENTu
The court met today at ten o'clock
Mr. Key he'd two instructions of the court 10
the jury, which he read TO the court, and they
were objected 10 by he counsel for The, defence
The first instruction was as follows, viz: That
II the jury believed from the evidence that the
Mayor Of the city OF Washington made an appli-
cation 10 the Secretary of the Navy and the PeSi-
dent Of the United States to order ont the marines
10 assist in preserving the public peace, and the
said marines Were accordingly ordered out by the
Secretary OF the Navy and the President of the
niied States, and Were marched by direction OF
tue Mayor 20 the place Of disturbance in the first
precinct of the Fourth Ward. they were there
legally; and the act of closing the polls in
Inence OF the marines being ordered thee was
an Illegal act and that ali persons who acted in
aViolent and turbulent manner were guilty Of
Tiot''
Mr. Scott said that he could net admit sucb
point 20 he allowed Of the right OF the Secretary
OF The Navy TO call out the military under arms
and give the discretiOna:e authority 10 the Mayor
10 use them as he might think best The Presi-
dent had no right 10 the military force of the
United states. In proper case, to quell or pre-
Veni q riot Lie might Use the means which were
provided by law, and such means only; he con.
tended that the constructions of the Court of the
article In the constitution In relation to the execu
ton OF the laws, had an important qualification A
justice Of the peace had authority to make Others
keep the peace; sheriffS constables, maIshals are
peace officers; all have the like authority; sheriff
charged with the process OF court has author
ity TO summon his posse TO aid him; but all this
authority pertains 10 all these officers only In
certain cases, these means provided by the law
are only 10 be resOrted TO when these means are
necessary. IL the Marshal OF this District re-
ceiVes authority 10 summons or execute upon cit
iZens Of this District has he the power 90 into
the streets TO summon posse 10 assist him TO
execute With certainty does that authority be-
long 10 him only when resistance Is made TO such
execution Of the laws. Yet, IL the act Of the
President or Secretary is beyond question-if the
act OF the Mayor Is beyond question-if the dis
cfeiion OF the parties Is 10 he the law that
Sion-how long will IL be before military rule
fixes its iron grasp upon US The laws Of Con-
2Tess give municipal charter TO the people Of