The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-19

by verdict of CONVICTION, declare it true, or you
brand his witness with the crime OF PERJURY.
had not intended TO take this position before this
Court and jury; but TO argue, that Franklin Brk-
heard was evidently mistaken with regard to the
occurrences which you are sworn to consider, for
am always disposed to place the most charitable
construction upon the conduct of others and If |
had been left TO consult my own inclinations, !
should have endeavored TO cover tho extraordinary
testimony of this discreditable witness with the
mantle of charity But since my learned friend has
thought proper to make the issue-that his wit
ness is truthful or perjured-I meet II plump for,
gentlemen of the jury, am not the man to de-
cline challenge, distinctly and boldly made. 1t
is not my business to shield the character of a
witness, which his own counsel has put in jeopar-
dy by presenting to the jury the dangerous alter
native--convict the prisoner, or brand the witness
with perjury. infinitely prefer that you should
do the latter. My duty is, to protect my client,
whose liberty and good name depend upon my
humble efforts; and this intend to DO 50 help
me Heaven fairly and honestly, trust, but
boldly, If | have to crawl over the dead bodies of
one hundred Infamous and perured witnesses.
Then, gentlemen of the jury, l accept the
challenge OF the District Attorney, and take the
bold ground, that Franklin Birkhead has de-
liberately sworn to what he knew at the time
70 be absolutely and positively false. And to
maintain this position, permit me to intro
duce to you Mr. Noakes, the first witness on the
part OF the defence, at this stage of the cause
What is his testimony 81 was standing at All
ston's corner at the time of the disturbance refer
red to my view of the marines was entirely un-
obstructed ] distinctly saw them level their guns
and fire into the crowd, when quiet and order
prevailed around me-" ] then Intercepted him,
and he replied to me- as follows: Did you al, or
about that time, see party OF some eight or ten
persons rush from the corner into the middle Of
the street, and fire pistol and cast stones at the
marines No, sir, | did not. II any such thing
had occurred, could you have failed to observe it
No, cir. Why? Because my position was such
that commanded full view of the marines, and
the space intervening between me and them; and
If any such thing had occurred | conld not have
failed to observe it, but saw no such party
saw no stones thrown, and heard no pistol fire.
Now comes the testimony OF Mr.. Everett--not
merely honest and intelligent, as his appearance
and department upon the witness-stand clearly in
dicated, but evidently man of great nerve, as
manifested by his bearing upon the first of June last
when exposed to the deadly fire of the Mayor and
his marines What does he say? 81 was expos
ed to the whole fire; my view of the marines was
entirely unobstructed. drew diagram and made
q memorandum of the scenes and occurrences of
that day within my observation; / heard the
bullets whistle over my head; and when the firing
ceased looked around and saw that was stand
ing solitary and alone at Alston's corner, save
the wounded, dead and dying around me-" Here,
gentlemen OF the jury, is a man for you man
upon whose statement you may rely with conf
dence--none of your skulking, sneaking, runaway
policemen-brave as lions upon the witness-stand
and timd as binds at the post of duty and of dan
ger-mark his testimony. After concluding his
narrative, Intercepted him, and he answered as
follows; Did you observe party Of some eight
or ten persons rush from Alston's corner and fire
pistol and cast stones at the Marines? No sir,
did not. II any such thing had occurred imme
diately previous to the firing of the Marines at
Allston's corner, could you have failed to observe
it? Certainly not Why? Because as have
already explained, my attention was directed to
the Marines at that time, and my view was unob-
structed, and if any such thing had occurred
could not certainly, have failed to observe it.
Next follows the testimony of Mr.. Ashton White,
gentleman personally known to many, if not to
all OF you-a gentleman of the highest Intelligence
and respectfully heard his statement. deem
1t unnecessary for me to repeat it now, suffice it
for me to say that it fully corroborates the testi
mony OF the two preceding witnesses.
How stands the case now? Three to one
three for the defence and one for the prosecution
three gentlemen of substance and character of
conceded credit and responsibility, against swift
footed policeman, who has di )nored his calling
and brought shame and disgrace upon the conser-
vators OF the public peace in Washington city.
But how does the District Attorney endeavor
to relieve Franklin Birkhead from the imputation
OF mistake or wilful perjury, and thereby affect
the conviction of my client? First, he brings two
recruits to his assstance--Captain Goddard and
Patrick kearney; he maintains that the testimony
OF these two witnesses corroborates the statement
made by Birkhead Let us see According TO
Mr.. Keys recollection Of the evidence, Captain
Goddard testified that pistols were fred and
stones were thrown from Allston's corner, thereby
confirming TO certain extent the statement made
by Birkhead. deny that Captain Goddard said
any such thing. According to my recollection Of
the evidence, land my memory is very tenacious
of facts,) Captain Goddard said that after the
Marines had charged upon the cannon and fired
upon the crowd in front Of the market house, the
crowd dispersed in all directions, some towards
Allstons corner, firing pistols and throwing
stones as they retreated. Now, does the District
Attorney mean to maintain that this fire from the
retreatiDg crowd was the one that drew the fire Of
the Marines upon Allston's cornerg and that the
crowd which Captain Goddard saw flying from the
street 10 Alston's corner is the same which Birk-
head swears he saw rush from Aston's corner
into the street, My friend, the learned District
<a''S'hcJ, ihoy SohbeHu tus pTOpOSibOH, IOF "
seems that he is willing TO maintain any theory so
far as argument do it, in order 10 effect con
viction Of these parties, however absurd and pre-
posterous. But | apprehend that you, gentlemen
OF the jury, are not prepared to draw an inference
from this state Of facts so utterly inconcusive.
But it is now time that | should pay my
respects to his last witness, Patrick KearneJ The
familiar and euphonius name he bears clearly
indicates the land Of his nativity. Where was he
on the memorable LIST Of June? Hear him;
~ was in the rear rank, near the left Of the
column of Marines, enveloped ia cloud of smoke"
What were you doing there, Patg were you
shooting at the people on the streetsS" 81 was
pulling the trigger and loading my musket, but
whether fired or not cannot say. One thing
do know-as all soldiers are bound to do, Iobeyed
orders. And after got blow in the face, from
4 brick, pulled the trigger harder and loaded
my musket faster, but whether fred or not
cannot say" OH prudent and immaculate Pat
Now from this statement. what Is the inference