The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-08-11
LOCAL WIS.

HOT CAh1A-phOrtil inc opening VI shc
court yesterday morning Judge Crawford read his answer
to the instructions asked by the District Attorney Sat
urday last which instructions granted.
The court held that Chief Magistrate of the United
States acting for this District under clause in the
ond section of article two OF the constitution, which
makes the President oomnanderinchef OF the army and
navy OF the United States and section three OF the same
article which makes it his duty that the laws be
faithfully executed possessed the power which he had
ecised call out the marines for the purpose OF queng
the election riots and being the head Of the proper de-
parnent the act of the Secretary of the Navy was to all
intents and purposes the act of the President. The
thoty then according to the evidence which the jury
had heard the necessary application Of the power
granted by Congress- and properly and lawfully
csed by the Executive The representations which had
been made the President such not only to
tify but to require him to do all that he had done.
The also held that the marines and officers
at the polls legally and that the mayor had the right
TO be there in his official capacity, either to que the riot
to that the laws of the city duly executed
With regard to the second instruction. the court held
that the commissioners of election could not lawfully
close the polls between the hours of o'clock in the
morning and in the evening without some real
cessity If the jury believed from the evidence that the
polls closed for other than the presence
of the marines then the act of closing them Illegal
AT the conclusion of the reading of the decision of the
court Mr. Key the District Attorney, delivered his open
ing address to the jury.
Mr.. Key said that although long time had been con-
suned in the investigation OF this case and the evidence
had been extended into almost inteminable ramica-
tons still it manifest to the unprecedented mind that
after ALL it was. plain, simple case. In entering upon
the argument or the he did not consider it
sary caution the jury against the influence personal
feelings political preudices He felt satisfied that they
ready to discharge their duties under their sacred
oaths according TO the law and the evidence without
gard to person party. Whether the defendants be
wings, democrats black republicans knownothngs,
1t is the duty of the good Of all parties to that
justice is done them, and that the majesty of the law
and the peace of the community preserved.
This is an Indictment against various parties for being
engaged in riot Should he pause long to show you that
riot exisedf He thought it not necessary First
ly Was riot committed Secondly Were the in
dcted parties any all of them, participants in such
riot AS to the fact of riot being committed what
occurred Why the LIST Of June last there pub
Lie election held according to law in this city party
of rowdes, called plug uglies, and their awless
caes of this city, to the first precinct polls of the
Fourth ward, armed and equipped for desperate fight.
With pistols stones, clubs, and other deadly weapons,
they assault and put to fight line of from 100 to 1875
voters The voters not only driven away, but
Of them most nhumany beaten and after certain class
of had thus been deferred from coming upon the
ground the polls again opened under the
tody of these mobiles. The mayor of the city, be-
ing informed Of the state Of affairs, visited the scene,
and found things he NIr. Key had stated. Seeing
that the mob too great to be sbdued by the police
force Of the city, military force called out this
force met by loaded sufficient to sweep
away the military force at single discharge and it
would in all probability have been used for that purpose
if it had not been quickly taken possession of by the
military That there riot there you must already
be convinced and the question is, who committed
It'll Are of the defendants mplicated III is not
ccssy for them to have been together So much space
and time did the riot occupy that of them may have
been in place, and another in anotherone at
one time and another at another The two simple points
to decide are Was there riot and if So these
Defendants of them guilty of participating in it
Here Mr. Key statsd that he did not consider the fol-
lowing indicted parties implicated by the evidence to wit
VIM Garner VIM. Hurdle, Chas Jones and Mich ii over,
and consequently he had nothing to say against them
But all the Others he considered proven guilty beyond the
shadow Of doubt In the first place he would take the
two Stewards, Daniel and Isaiah Mr. Goddard had tes
titled that the two Stewards in the crowd that at
tackled the polls in the morning Mr. Rdgeway says
that he the two StewaIs in the crowd that cry
ing tWade in " and he distinctly heard the two Stew
crying '.Give it to them. give it to them" That
when the arrived Daniel Stewart stood upon
it. Thomas Dom testified that Daniel Stewart had
hold of the rope by which the cannon drawn
thinks he Daniel on the gun. Richard Owen testi-
fed that shortly after the marines fired he party
pursuing lot of flying Irshmen Daniel Stewart had
gun Isaiah Stewart called out to Daniel to stop and
shoot Daniel put his gun to his shoulder and snapped it,
This witness has known the Stewards for years. and
positively to their identity Another witness testified that
he Daniel Stewart try to touch off the gun The de-
fence have introduced witness to show that the gun
spiked. But they had shown conclusively that it
spiked after it taken One of the marines spiked it
on the ground well he could by pounding piece
Of brick into the orfce, and afterwards Mr. Rainbow
far the two Stewards concerned he had nothing
to say Even the counsel for defendants give up
Daniel Stewart; they bring in witness to relieve Isaiah
who convcts Daniel.
Next he took up the case of the two Johnsons
He said that it not only the most active and
most outrageous that were to blame in riot but
those that aid and abet that encourage by word act
equally guilty with the prominent actors Mr.
Ridgeway teses that George johnson in the crowd
IN the morning that he heard him say " Wade in and
saw him strike Capt. Goddard with stick. That both
Johnsons cried g Go in wade in Mr.. Burlet testified
substantially to the facts and there is not par
ticle of rebutng testimony to shake sthis testimony
The two Johnsons identified by ssAs witnesses
being engaged in the first assault oMES4e polls in the
morning, and crying % Go in, wade in. And they did
wade in, and with less difficulty, imagine, than it will
be for them wade out There is not single particle
of evidence to relieve these two parties, So, then
CARDS the two Stewards and the two Johnsons the result
Is inevitable.
Now for Robert Stafford. Franklin Durket testified
the polls in the morning but could not specify any par
ticular word act Philips Pyes saw him with others
chasing gang of poor flying 1risbmen if they had
been beasts. Saw Stafford pointing his pistol at Them
and 1ammng it as If rcloading it when he was coming
back from the pursuit The witness said to Stafford
'Bob, what you aboutP' Stafford replied " the
id Irish rioting We look in vain for rebuttng
testimony to relieve this party So, then, have the
two Stewards two Jonsons and Robert Stafford fully i'm
pcated and unrcleved by single particle of evidence
Next David Lewis Franklin Burket tcstfes
that when he nterfered officer to keep the peace in
the crowd that attacked the polls in the morning. this
David Lewis, with others, pursued him, throwing bricks
For what was this done but to carry out the same com