Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-08-12

| would no, ~ hasde uipn tAs pa,slic ,alnd by
! reading those miscellaneous. Those stateinens
Which had sPpeared in The public prints Of TINS
been honestly made, but they came IN every case
from parties opposed IN politics to the politics Of
This trial had been col up by the United States
for purpose-to screen their own acts-to justify
| their crimes commtted-to answer the ends Of a
ProscriPtive Administration. The reason why
| these defendants was that not Justice Of the
Peace in this city could be found who, upon fair
statement Of the facts, would proceed to issue a
| process against them. Those magistrates were
the political tools Of this rotten Executive Ad-
/ ministration. d..
| The weather was too hot and he had suffered
| already too much during this trial to go into
lengthy statement of all the case, so he would
| pass at once to the first point therein, viz Was
| there riot There is but one single declaration
| of offence. He repeated, if fifty men on that day
| were engaged in fighting, unless as many as three
| of them had met there with a concerted, unlaw-
| full purpose, il did not constitute riot though
an hundred men had been slain. IL hundred
| witnesses had seen hundred acts of persons on
| that day, unless they were acting together with
an avowed object, il was riot. The first affray
| was committed by others than those now on their
defence ii was commenced by the Anti-Ameri-
| cans. The last ARRAY commenced by the
marines, The first pistols fred were fred by Mr..
| Baggott, Chief Of Police he fred the two first
| pistol shots that were fired at all.
| The Americans then at these polls had heard
| that the morning was to he occupied by the Irish
voters; and what more exciting motive for them
| TO commit an ARRAY upon those men than was
| presented to them by the rumor, which is now
| proved to have been the case in point of fact? IL
| was mutual fight. Mr.. Lowry says that pistols
and stones were thrown and fred by both sides !;
also several other witnesses; the feeling growing
| out of the threat that, if Americans voted they
would have to vote through file of marines was
sufficient justification of the acts of American
citizens on that morning. The jury would have
TO say that the conduct Of Messrs Donn God
! dard, Baggott, and Others was on that occasion
calculated to incite the mob to deeds of violence
| and should they not, then, when put upon their
defence, by the attack of those officials resist the
obnoxious Interference Of those men who were so
creditably employed in getting their Irish voters
| and favorites 4,
There was but one witness who had shown at
| what precise time in the morning the affray COM
menctd. MIR. Halleck states, expressly, that some
one asked voter If he had his papers, very
| proper question, and one which should have re-
ceived a civil answer. What was easier than for
him to have made civil answer, But this was
have a brick in my pocket" 1t was on the day
Of election, and he was bound to show his papers
The melee Immediately commensurate was
the cause. The proof all around is that natural
lied citizens voted freely during the earlier
part of the day as Americans did. This fact neg
atives, entirely the idea of preconcerted purpoSr
to keep the Irish from the polls. If that man had
given a proper answer 10 the question, when
asked if he had his papers with him, the ARRAY of
that morning would not have occurred
| Mr.. Sothoron saw men Qrishmen) coming to
the polls with their pockets stuffed with what he
supposed, and had every reason to suppose to be
pistols, showing that they had come PREPARED 10
do battle with Americans, and force their votes
into the ballot-bOx at the muZzle of the pistol
1t was shown in evidence that the cannon was
only brought to the ground to defend American
citizens from an attack anticipated by them from
the marines; 1t was not even loaded until il ar
rived at the market house, which showed fully
that there was no preconcert on the part of these
parties to attack and drive OFF the marines and the
| crowd of voters.
He adverted to the firing of the marines unon
| Allston's corner, and asked the jury to recur to
| the evidence which had been given and say IL
they were prepared to believe that there was the
least cause for their firing upon that corner 1t was
| most remarkable thing that these brave and
chivaifous marines had fired upon the crowd of
rioters and only killed Dutchmen, Democrats
and Darkies, their own friends and welI-beloved
political allies. All these facts opened a yerv
wide field of inquiry, much wider one than the
learned District Attorney would be willing for
him to go into. If riot and crime are to be done
away with, it will not De by arresting and con
| victing American citizens Of crimes which are
brought about by the officials of an Administra.
non which has ridden into power OIL tine backs of
Irish and Dutch voters.
The District Attorney had spoken of a ridden.
| lous sentlnentdllty on the part of the defence
He tells US that the polls were closed to all but
members OF the American party. He referred the
jury 20 The evidence Of the judges of the election
as to the fact of no foreign voters being permitted
to vote. The poll list would show whether Irish
were permitted TO vote after the opening of the
polls In the morning. When the Judges heard
that the votes of the citizens were to be given
through file Of marines, they had not considered
the polls safe: and the judges very properly closed
them and left the scene of perlous transactions
He remarked on the character of the testimony
which had been given on either side in this case
and said that almost all the witnesses on the ma RI
OF the L nited States were in some way interested
in the result of this trial not directly PERTAINS
but they were interested in the question, and if
they could make 1t appear that their was a riot
| which could not have been suppressed by the
| civil authority they would run clear OF being in
volyed in this bloody act in a criminal manner
The jury had to decide as to whether these wit
nesses told the truth or not, whether VIM B
Magruder and his underlings were to be believed
or not, whether these acts are to be taken as law
iul or othe wise he would try to show in the
first place that the Mayor was not to lie believed:
he would begin with him; it would be his EEL
lis,s) OWE fault, not that Of the witnesses il he
did not lind the Mayor to be guilty of contradic-
ton in his testimony.
Mi Ellis then went to say that the Mayor
had stated In his testimony that when he went to
the polls they were shut; five OF six witnesses had
sworn that when the Mayor got there the polls
were open and people were voting. Either the
Mayor or these five or six witnesses had sworn
falsely. 1t was for the jury to decide which
Then, again, the letter of the Mayor to the Presi
dent had stated three four things that were not
true. Were not those statements most recklessIy
made; he compared the statements of the Mayor
tO the tale OF the little boy who was sent bv his
mother after the cows and came back will =
story Of one hundred bears, which on being
oss-questioned, dwindled down to a black
stump.
la regard to the statements Of the Mayor In re-
iatlon to the character of Mr. Hughes Of his being
a notorious character, of his having lived with a
mulatto woman, Mr.. Ellis thought that the Mayor
was not the man 10 question the integrity of ST.
Hughes. Why had not the Mayor said also i'm
his evidence, that MIR. Hughes had PLAYED doIni-
noes all day on sunday, in an Irish groggery !;
that he had been found drunk the benches of
The and in the cutters Of the streets,
| Mr.. Key rose TO protest against the course of
personal Islander adopted by the counsel for the
defence, I'M his argument. Let him animal vert
as severely as he chose the Mayor in his oicial
caPaclty-there he must stop. ..' CT
The Court, sustaining Mr.. Key, administered a
sharp Tebuke to the counsel for defence
| Mr.. Ellis intimated that he was responsible for
what he said, to those who might feel themselves
aggrieved.
The Court said that was not the question; the
Proprieties Of life must be maintained there
Mr.. Ellis said that he had said nothing against
the character Of the Mayor, except so far as to
show that his evidence is not tn be relied upon
The Mayor Is no fool. Whether he is that which
Is sometimes put in contrast with fool is for the
jury TO decide but they must not believe that he