The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-22

MR., BRADLEY. Yea.
DISTRICT ATTORNEY, why the ffot b.d
i Desn psrpesrated before the military budgsa an
MR.. ELLIS. That's the question. ~
/ DISTRICT ATTORNEY The rios was com.
plete. and therefore it il not qestion Of whether
the Mayor might have done better. Are we TO
have hundred witnesses drawn ia hare co testify
what the Mayor might have done? suppose
next, yOnr Honor win be asked 20 instruct thu jurv
that because the Mayor did not do 80 and So thess
| rioters We're right In what they didi In row ma
cesaariiy absurd condition does It put this case.
fit be true that the Marines were ordered out
illegally, and that the Mayor had not exhausted
the civil authority--suppose your Honor should be
| satisfied OF that, lis not the question still open
whether these defendants were right or wrongr
ls that defence under this indictments shall
show In the course of this trial, chat the Mayor
made prociamation--that he came for a peaceful
purpose and was it not better that he should cali
upon those men, who are soldiers by profession,
than call upon brother to destroy brother Ia a
civil broil? Here was an assault committed upon
the liberties the American people, TO guard and
preserve which the Mayor sought this aid It
was not the case of an assault committed upon
an intruder into mans domice, az the gentleman
has stated, and the Mayor is content to leave bis
conduct to the Judgment OF people, In or out Of
this District who may think proper to scrufinire
IL. But ageinI ask does the course which tho
gentleman desires to pursue, make any difference
| 70 these detendantsp do not want my time and
the time OF the court consumed by au examina-
ton of Witnessed to prove that the Mayor might
have done SO and 30 !; and I submit that il i car
connect these men with the riot they are guilty
OF IL independent of anything that may, or may
| not have been done by the Mayor or the Marines
IL is in proof, that at the time the Marines were
standing quietly in the street, many men were
| standing round cannon and submit that thew
l htxlk thfa horyn
misunderstood the position of Chief Justice Holt
do not mean to deny TO the learned counsel any
legal defence, but the proof is thxt the frstir
came from the rioters, and IL took effect on Ma
iine who had to retire from the ranks. 7 submit
| that the gentleman's question is ireayant, and I
| therefore object to t.
| Mr.. BRADLEY There are many points in
| this oase which the gentleman has not touched,
| which are part OF the rcs gsstd.s He has Argued
the case no If the evidence was in" Have we not
| proved" so and s0. / do not think he has proved
anything He has called but one witness as yet,
/ aud what he has proved is question which tweve
\ men are to pass upon Our defence Is that the
Marines were acting illegally, and that the people
had the right to resist Whether il was a resist
Il ance or an aggression s not question for the
\ Court to determine; that is question for the
jury. We gay we were resisting an Illegal force;
they Say we were acting against legal force. l.
not that simply a question for the jury? II is
ftGsbpoh az w iSEulty VI biS iO4SC
| ald whether the party resisting were the aggres-
sors. ny. eNM
There is another point of view in which this
! evid ence is admissible. The gentleman assumes
4 that the firing was from the persons charged
rioters. Well suppose that to be so, is il not
>mpetent to show that we were acting in law
i ful capacity, and does not that go back to the
very question? eg
DISTRICT ATTORNEY. Not at all, for say
that whether they were there legally or illegally,
these men were not justified in firing the Marines.
Mr.. BRADLEY. 4 am going 70 show the con
trary. Suppose spalty OF Marines should come
INTO this Court and say You must go out for We
DISTRICT ATTORNEY. That is an entire5y
different case. Hssbs
Nr. BRADLEY. Suppose political uacetr 4
were being held in front of this Court House, anu
the Mayor should come out and Say !" II you do not
dispersc, j viii order the Marines 10 fire on you"
II they have right TO meet, they have right to
, defend themselves My position is this that where
there Is q lawful assemblsgc of the people they
have the right to defend it against all oggressors.
And who Their the Mar nes fred on the people, or
the alleged rioters fred frat the Marines Is a
: question to be set;led by the jury Fhe gentleman
{ is going TO prove that message was sent to the
{ officer in command of the Marines informing him
thst Il the Marines were not taken away, those in
possession of the cannon would fire upon them. l
think he cannot prove it.
DISTRICT ATTORNEY. have been so in
formed.
Mr. BRADLEY If 1t was lawful meeting,
, one which the law authorizes the people % hold,
and the Marines came with loaded muskets TO break
il up, there is not court in christendon that will
say that il not right to defsnd TO the last ex-
stremity. Ave, aud IL the Marines were drawn up
in hostile array against that eiIcampment of free
citizens, they were right in saying Withdraw your
Marines or we viii fire upon you" The people Of
this country are not be restrained By the exercise
of military power and the blood o. every one boils
> When the attempt is made. 1t is most delicate
I and dangerous thing As have stated already,
this power can only be exercised under an urgont,
pressing, imperative necessity, and ellege that
: tho Mayor did rot act WITH sound discretion; on
. TIC contrary that be exhibited Niitui Purpose and
. an avoidance Of duty. We assume the burthen Of
G show,ag that il vas \ wllful and not ignorant
v exercise Of power. We are prepared 20 show that
e the Mayor knew before hand that those men were
coming from Baltimore and he should haye prepared
Z TO preserve the peace II I see man about 70
v frs house, or shoot another destroy the peace
i Of the siLy, not 10 wait but 70 make the ath-
davit probable cause; am 70 take the hrst step
{ 90 prevent the commission Of the crime. We are
about to show that the Mayor had probable cause,
and viii the Court rule out such testimony Ger
aiulv Of for that Is evidences foe tho cOnsidera-
ton Of tue Jury The District Attorney has intl-
mated what he win exclude. Exclude this, aHd
you will exclude NJ the action prior 70 the riot
Tue inevitable result will be tina. IL VIII be incom
petent for US 20 show thai there no disbur-
bsncs OF the peace for four hours before the Ma.
rines we're marched 20 the gound.
The JUDGE The question does not appear
TO the Coult N eucidate the matter submitted to
tho Jury. II seems 20 the Court that tho withsss'
knowledge of the fact referred to is immaterisl,
The Court overrules the question.
Mr.. BRADLEY excepted TO the ruling.
The Court adjourned
DRUNKARD.-on Monday morning between
the hours Of seven and eight O'Clock, we observed
a man lying on the pavement near the corner Of
; Seventh street and the canal He lay prone upon
his back his upturned face almost entirely covered
by swarm Of nasty. green colored flies, which
swarmed around the LIVING, as we have seen them
congregate about the fostering remains of the
dead.
There he sy--helpless and hopeless upon the
dirty pavement. Hs clothes besmeared with
slime and filth. His couuteusuce, which, q few
. days ago, bcamed with the light Of intelligence,
D blank and expressioness and his whole person 30