The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-05
PHILIP BARTON KEY, ESQ, U, $. D. A..
I Fl | RT r EN- T FL. DAY.
TUESDAY, August II, 1851.
RO5BER I E. sc OFT, ESQ.
SPEECH OF
IN THE E1DEFRNC

latg g 81 Z iss .I9 /.
ROB Il ER I E. sc OFT, ESQ.
IN THEDEFENOEe
Mr.. SCOTT. May it please the Court, gentle
men Of the Jury, my friend, Mr.. Darlington, who
addressed you yesterday, had but limited task
to perform Employed on behalf of single party,
his discussion of this case properly confined to
such facts of it as bore directly upon his client
Mine is a broader duty; have to speak to the
whole case and much regret that the course Of
argument INDUCED in by the District Attorney puts
me under the necessity of trespassing much more
upon your patience and consuming much more OF
the time of this Court than in my judgment the
discussion of those topics which justly appertain
to the merits would warrant. II it had been the
purpose of the worthy gentleman to nHame your
passions and excite your odium against the par
ties accused as the responsible authors OF the
bloody tragedy, perhaps his remarks were well
calculated to attain that end but am obliged to
say that after listening with attention to all that
he said, you have obtained very imperfect idea
Of the defence which is meant to be insisted upon.
Gentlemen, / may also be permitted to say that,
according to my humble apprehension, you have
obtained but an imperfect idea of the case of the
prosecution.
~ We are arraigned here under an indictment al
edging against these parties particular offence.
Now, in order to understand your duty to enable
you to render just verdict in accordance with
the law and the evidence, it is necessary that you
should be informed Of the precise nature OF the
charge, its scope, and its extent. You must be
thus informed, to enable you to do justice to the
United States. 1t is equally necessary that you
should be thus informed, in order that you may
appreciate the defence, and do justice 10 the ac-
cused. had expected the District Attorney,
who has had so much experience in matters OF this
kind, whose competency and ability no one will
question, to have come before you with this in
dictment in his hand, explaining to you the pre-
else nature and extent Of its allegations, defining
the scope of the enquiry legitimntely to be made
undar it, and then with that precision which be-
longs to criminal prosecutions to call your at
tention to the particular parts of the voluminous
testimony, under which he would ask the verdict
that he demands at your hands. But, gentlemen,
through the whole course of his remarks, he never
thought it necessary TO recur once to his indict-
ment SO far as know the Indictment under which
these parties stand arragned has never yet been
read to YOU, and | venture to affirm that even
now at this stage of these proceedings, you are
profoundly ignorant Of the accusation you sit
there to try. Instead Of resortng to the pre-
cision of rifle shot, the gentleman has fired a
yolley OF musketry upon us. If his purpose was,
as have said to excite passion, to indame anger,
and arouse indignation he may have been as ef-
fectual as that voey of the hired military fired
into the innocent and unofending crowd at Alston's
corner. viii attempt, gentlemen, in some de-
gree 10 supply this defect, and to do what IL was
the dut, OF the District Attorney TO have done,
to call your attention to the allegations Of the in
dictment and explain its scope, because itisneces
sary to do this to understand Justly the grounds
of our defence. What is this indictments will
read il for your information.
"District Of Columbia, county Of Washington, to
wit:
"lst. C. The Jurors Of the United States, for the
county aforesaid, on their oath, present that VIM.
Egoleston Daniel Steward Isaiah Steward, George
johnson, VIM Sibley, William Garner, George Hines
Charles Hurdle, VIM. Hurdle, Robert Stafford, VIM.
Jones' David Lewis, Charles Spencer, Vanloman
johnson, Daniel Biddlcman, Robert Cross, Dink
King James Wilson, Durbin Langden, George g..
Wilson. VIM B. Wilson, Middleton Birkhead, Mi
chael Hoover, James Gross, John Mcdonald, Boney
Ley, James Morse, Henry Gamble, Benjamin Hart
zeli, Charles A. Ashley, Mulony Cropp, George Hill
lery, John Wesley Woodward, Gregory Barnett, late
of the county aforesaid laborers, together with di-
yers other evil disposed persons, to the number
of ten and more to the jurors aforesaid as yet un.
known on the first day Of June, in the year Of our
Lord one thousand eight hundred and ffty-seven,
with force and arms, at the county aforesaid did
unlawfully, riotously, routously and tumutuously,
assemble and meet together to disturb the peace
of the United States in said county; and being 50
then and there assembled and met together, did
then and there makea great noise, riot tumult and
disturbance and then and there unlawfully, riot
ously routeusly, and continuously, remained and
continued together, making such noise, riot, tu
multi, and disturbance for a long space Of time tc
wit for the space Of five hours and more then mex
following to the great terror and dsturbance D moi
only of the good citizens of the United States II
said county, there and thereabouts inhabiting ant
being, but Of all other good citizens of the United
States in said county passing and repassing in arC
along the public streets and common highways
there, in contempt Of the laws and against the
peace aud government Of the United States"
This Is the charge--that these persons mel
together for the purpose Of disturbing the peace
and that they actually consummatod that intention
There Is no other count in the Indictment This
Is its only charge. IL involves all the persons
named in IL in the same act, and cha, pes then
with the same offence. There is but one act ant
one offence, and under this accusation, these par
t;es can be convicted but Of one act and one of
fence and that act and that offence must be on,
IN which all who can be found guilty, must b,
proved to have participated. The indictment
MIGHT have been framed In another way. II nigh
have been framed SO as to set out specifically tn,
act complained Of and the means by which it wa
charged to have been executed 1.-THE act com
plained of. was the disturbance OF the voters q
the polls, Il was competent for the prosecution Y
have alleged that fact in the Indictment IL the