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


may order out the military when the ordinary civil
authorities cannot suppress the disturbance When
they cannot control IL, il may he All insurreclion
but in AS many words, Congress hos pointed out
the duty OF the President Of the United Statee.
Thank God, We have little liberty left. 1t is IN
| lawful to call out the armed force Of the Unit, d
states to suppress any insurTection, without a
proclamation, or to enforce any laws that may be
broken by the violence of the people, until all the
ordinary means have been exhausted. will show
that the Mayor OF the city OF Washington had 46
| police officers under his control with power TO
swear IN special cOnstables he had the Marshal
| OF the District at his right hand to call out the
posse coDatfatus he had offers of the volunteers
| and of men who had sympathies with us, but the
assistance thus rendered 10 him was rejected, and
without knowing the condition of things the Pres
dent of the United States put this force under the
control of the Mayor
The President may have been imposed upon.
but every man who executed those orders is
guilty of murder, and would not live you could
not live in count of laws where such principles
do not prevail We borrow it from our Saxon
ancestors, from old England, il has taken root here
that the right OF the citizen can only be restrained
by positive law enacted by himself; aud we also
borrow from the same source, the equally high
principle that we have right TO bring TO justice
and punishment every man who violates that ga
cred principle of law
Gentlemen Of the Jury, / will recapitulate the
points Of our defence First, there was no riot in
the proper sense of the term, but sudden ARRAY
Second, If there was a riot, it was riot procured
and brought about through the instrumentality OF
the authorities of this city. And third, that the
calling out OF the Marines was oppressive was
against law, was tyranncal, and the people were
bound to resist it.
We appear before you, gentlemen, under great
disadvantages. There is not press in this city
that has told the truth in regard to these events
or anything like the truth. The public mind has
been laboriOusly possessed with sentiments and
statements which / am prepared, with proof, to
show are utterly false. Communications have been
made to the newspapers here by respectable citi-
zens to put them right, but the publication of
them has been refused. That is not all, here
assert that every member Of the Grand Jury who
sat upon this case, is opposed to the American
party, to which every person on trial belongs.
The DISTRICT ATTORNEY. l must object
to this course of proceeding. The gentleman is
making his opening statement, and should be con-
fined to his defence. Such remarks as these can
surely only tend to infame passion What have
the principles of the Grand Jury now to do with
the guilt or innocence of these parties?
The JUDGE. The Court cannot allow such OBJ
seryations on the Grand Jury. Doubtless they
have done what they considered to be their duty.
Mr.. BRADLEY. Twas about to remark on
report made to this Courtby the Grand Jury, which
/ say suppresses the facts.
The DISTRICT ATTORNEY. object to that
The JUDGE. Whatever they have DONE has
nothing to do with the trial of this case You may
be right or wrong, but this is not the plac, for
such structures.
Mr.. BRADLEY. ! take every opportunity to
speak freely, but if the Court restraints me, mast
submit. Norman has been traduced as have been !;
and when l am before you, gentlemen, seek the
opportunity to speak what l feel, and what | can
prove. The Court says, shall not speak of4he
Grand Jury well, gentlemen / shall only ask you,
then, if you have read the report on going through
the evidence in this case to say how far it can be
justified. Twas speaking of the disadvantages un
der which we labor (; was about to say that it
was impossible but that your minds should have
received some influence from what has been put
forth in the public prints. cannot speak Of he
report of the Grand Jury, but if / could say any
thing about what the Grand Jury has done, would
ask your attention to that report / am not at
liberty to do so. | will state to you, however
material fact of the case and that material fact is
that there was no disturbance of the public peace
for from three to four hours before the Marines
were marched to that precincts and if you find any
statement to the contrary in any public pint, you
will find abatement which is not sustained by fJcts
will say further, that that cannon which has made
so much noise in the world, was spiked weeks be-
FORE and it was spiked at the time it was taken TO
those grounds i have seen statement of the
contents Of that cannon will not say in the re-
port of the Grand Jury-but not word that it was
harmless, because it was spiked. have seen in
the public papers that the Mayor of Washington
had suggestions made to him by citizens, that men
were coming TO this city from Baltimore I will
name those citizens; they were Val Harbaugh and
Tom Berry.
The DISTRICT ATTORNEY. What has this
t. do with the case before the Courtg
Mr.. BRADLEY. 1t has tendency to preju
dice the public mind when there is proof Of these
facts, and they are kept back
am not at liberty to speak Of any one in office.
am not at liberty to speak Of any body, but am
at liberty to speak Of the public press as to the
fairness of this investigation and repeat in con
cusion, what said at the outset in substance, that
unless you are more than human, unless you can
shut your eyes and ears to what has been going on
all around you, unless you disbelieye the public
prints and the action OF public bodies, you come
into that jury-box with clear impression on your
mind that there was great riot on Seventh street
and that somebody was guilty and GU find In the
action Of every body that the Mayor aud the Ma.
rnes we're right, and that these men were wrong
! say that, unless you are superhuman, you come
with that impression on your mind Have | not
right to speak OF thsy IL proves balm, aud con-
ISOLATION, and peace and honor on the other side.
You have il all around you your households are
filed with it; but gentlemen you have heard but
one side Of this story until now. Which side is
true must be determined by you from the weight
Of the evidence. Gentlemen, leave the case in
your hands.
BRUTAL.-0n Saturday evening man was dread
fully beaten by Police officer Of the First Ward
under the following circumstances. 1t appears
that some time since, two colored men were arrest
ed, and not being able to pay the fines imposed
upon them, one of them offered his watch as
security for the ultimate payment Of the fines with
the express understanding, that when the money
was paid, the watch was to be surrendered TO the
owner. The security was accepted aud they were
permitted to depart
On Saturday, having procured a white man to
redeem the watch, they went to the station house
for that purpose, and were told that the watch
was in the hands Of officer May. The man went
Immediately in search Of this officer, and having
a. L N