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


day-that there was nothing TO justify the Mayors
course. es &sEsl
II has been proved too that the polls were actually
opsn and the people were quietly voting at the very
time the Mayor informed the President that the polls
were closed, and ths Commissioners and the people
Il Is also established by the concurrent testimony
of thirty Witnesses that during the whole day there
was no riot there were simply breaches Of the peace
In reference to the afternoon disturbances, have
shown you that the Marines, and they only, COM
menced them II is said that those in charge Of the
swivel sent message TO Major Tyler, Chen Captain
OF the Marines,) that, unless he Withdrew his
forces, the swivel would be discharged at them =
Suppose this had been SO? The swivel had first
taken its position and the Marines had no right to
place themselves in antagonism, and 70 threaten its
seizure. The Mayor had not ordered its capture !:
Major Tyler confesses that he acted on his own
hook, and without orders from the Mayor! He
adds, that he acted in self. defencei" Now, gen
temen, 1t was no riot in those who had possession
Of the swivel TO maintain their position, nor would
assault. which was made upon them at the point Of
the bayonet without the authority Of the Mayor
But again if they were legally bound to surren-
der the swivel to the Marines, who, without direc-
tons from the Mayor, charged upon it. yet the pres
ent defendants committed riot then, for there was
actual resistance made to the Marines by the de-
PENDANTS. when the swivel was charged upon and
captured
But Major Tyler understood that he was threatened
with destruction, by those in charge OF the swivel
he did not remove the Marines. The man, whom he
understood as conveying that threat is witness
here, and denies that he made such threat or that
he was requested to make it-on the contrary, nc
swears that he represented peaceably disposed citi
zens and moreover, it has been proved all sides
that the men around the swivel uniformly declared
that they did not intend to use 1t except in selde
fenceW
II is distinctly proved that the polls were closed
In he aft
that neither themselves, nor the ballot box were
safe, by reason of the presence of the Marines.
1t has been shown that the Empires" the antago.
nsts Of "Plugs from the Eighth Ward Of Baltimore
but IL was understood and believed that they came
here to have a fight with the Plugs" What other
parties were here we know not, and care not
II has been proved to you that the Marines fred a
vOlley upon Allstons corner and into the crowd OF
bystanders there without any proyocation whatever
They fired before that pistol was said to have been
discharged or "dtat stone was thrown!
have thus stated q few Of the prominent points
which we have irrefutably established,
Gentlemen, it is not for me to say what motive
controlled the anti-Americans and Marines in their
conduct on that day. II is not for me to say that
they conspred to bring about the election OF Alder
man Goddard, which result was nevertheless &C
complished by means of the ARRAYS they created
Mr. Emery, indeed, received majority of nine votes
over Goddard, but the anti-American Board of AL
dermen set aside the election of Emery, on the
Srouuu u Inc dlieReu interruptions III the NOuHR,
and Goddard was allowed to take Emery seat upo7a
the qfda0its Of toenty odd asdturalzed ooters,
soho declared that they did not eote at aN bit "in-
tended TO cot. for Godtldrd!P'
Gentlemen, it could be shown, if permitted, that
one OF those very men who made these afidavits ha
voted on that day in another ward
The DISTRICT ATTORNEY. What has all that
to do with the case9
Mr.. ELLIS. 1t shows the motive for the disturb.
ances.
The JUDGE. But you have no right to speak of
motives unless they have been developed in evil
dence
Mr.. ELLIS. The motive is fair matter of dis
cusson before the jury.
have now, gentlemen, said all / desire to say,
and all have thought it necessary to say, under the
circumstances in which | am placed. My senior
colleague will supply what have omitted and shall
leave the case in his hands,
ask you then, gentlemen, in conclusion, first, to
bear in mind the distinction between an ARRAY and
riot and next to keep view the several prominent
points we have established. If these defendants
have not committed riot, you are bound, upon your
oaths to say so. though in your opinion their
offence is rank and smells to Heavenl" Ny SOL
conviction is, that they stand before you, gi-
less Of all crime. But, if they had violated every
other law in the criminal CODE save that which de-
fines the offence for which they are now on trial,
your verdict nevertheless must be- NOT GUILTY.
The court adiourned