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

five minutes and then took it away, and that nobody
thought anything more Of the circumstance! but,
gentlemen, If The thing did actually occur as justice
Dom represents it. he was bound by his oath 10
have the man arrested instanter! What! See a
man carry such a weapon as he described--a horrld
weapon 10 fight with-see him stick u up m pubic
view--hear him say that mo damned freshman
should yote"-and Justice Donn-police oiiicer Dom
not i,ptettae-not arrest him-not go to the Judges
Of Election and inform them of the outraged! Why
this would be remarkable thing! cannot sup
pose that quondam friend Dom is in his dotage,
nor that he had taken any liquor on that day +; we
have no proof that any liquor was there, or else
where unless at tho Cfty Hall and must therefore
repeat that Justice Dom did not do his duty IN not
arresting that cold-chisel mani Justice Dom says
he did not arrest him. nor ask anybody else TO arrest
him! Why, he WIS assuredly false TO his party on
that occasion. He would not have done SO three
years ago--if he had, we would have turned hlm
out OF the American party! Yes, gentlemen, must
say it in his hearing was fathess to his party
WHAT allow his own political friends whom ne
had invited to be there eg) to be frightened away
from the polls by tomahawks, and say not one word
about 1t There was not a man there ON that day
venture to assert who would not have given his as
sstance to arrest such offender If requested so TO
do by Justice Dom! He might have called upon
the Commissioners, or anybody else, and a dozen
respectable men, or any other necessary number,
could have been readily found to take that co dchise
man, and put him in the watch-house, or somewhere
ese under the control Of the civil authority! That
Justice Dom saw that weapon hung up there VIII
not dispute He saw it, but his Imagination must
have furnished the threat?
Ii that threat had been made, Justice Dom would
have been false to his party and to his oath, Il he
had not taken the means to remove the man ana ms
weapon. cannot presume he would be false 10 ms
party for whilst he stays in the traces, he usually
works like hero; and we all know that the Demo.
cratic party turns out every man who Will not work!
My quondam friend, therefore, occupies dangerous
position if his leaders shall learn that he failed to do
his duty in such an emergency!
will now leave Justice Dom and respects
to Major Tyler, the military hero on that battlefield
have known him many years. and can say that
better man for his position does not live
He is as brave as julius Caesar, and he intends 70
do his duty all occasions, and if there be glory to
be won he is ready to win it. As to his liberalty,
he has shown that for, after. having won that tro-
ply" he magnanimousy turned it over to the city
authorities of Washington! That was magnanim-
ity hardly to be expected from military man, for
military men are usually very selfish in such matters.
Why, in New York, we see what violent struggle
is now going on, as to who shall possess General
Jackson's gold snuff box i believe it was left to
his adopted son, and by him, il was to be given TO
that officer of the New York regiment who performed
deeds of the greatest bravery in the United States
army in Mexico.
In New York, they are quarrelling as to who was
the bravest officer and who shall possess this testl-
monial OF valor. The magnanimity of Major Tyler,
therefore, in surrendering this "trophy" ito the
Mayor of Washington deserves eternal commenda-
ton There may have been a particular reason,
Magruder; for, the commanding officer, believe, is
entitled to the glory of victory though achieved by
subordinates There may have been another reason
it being the only time in his life that he Mayor Ma
gruder) had won an honor, Major Tyler may have
thought it proper and magnanimous to let him have
the " trophy on this occasion
Well what does Major Tyler say, as witnessi
Major Tyleris a-man OF integrity-heis brave man
with partzanship but he has right to be SO. We
are all more or less So / confess am partzan.
do not believe Major Tyler would tell an untruth-
he may err.
Well, Major Tyler says that Captain Maddox's
company fred because of his men was shot in the
cheek-he says, that he tyler ran down the line,
to ascertain WHY Maddox's company fired? My col
leag described that scene, and as do not wish TO
pass over the same ground, find some difficulty in
selecting the points to discuss. However, Major
Tyler says that Maddox fired, because one of his
men was wounded in the cheek" Now, unfortu-
nately for his accuracy of observation, it was not
one OF Maddoxs men, but one OF has 0lon-fOr the
wounded mau was brought here as a witness, and
you saw the mark on his cheek and he said, himself
he was wounded in the charging party near tie
sloipel!
This, il may be said, does not amount to much
but, gentlemen, / think it amounts TO gieat deal |;
it amounts to a mistdke--and when q witness COM
mits such mistake, you bound TO admit that he
may have committed errors on other points-not
errors Of intention but errors of fact The wounded
man says he was not in Maddox's company, but, in
Tyler's.
DISTRICT ATTORNEY. But he said, that after
being wounded, he retired 10 the rear.
MIR. ELLIS. Certainly; but it shows that Major
Tylet was mistaken that he, being mortal man is
fable; honorable and high minded as he is-ihat like
the rest of us, he is but flesh and blood
He was mistaken as to the fact; it was not one Of
Maddox's men, but one Of has oaon men that was
wounded, and hence, the reason qOhy MADDOX fired,
ceases to exist-it was error.
But, again he says that he was threatened by
committee from the alleged rioters that he (Tyler)
ho Axt hal tab.
away the Marines Now, l can very easily under!
stand how that error was committed. Major Tyler
was under some excitement when that man went TO
him, and said Substantially come from peaceable
people, and recommend that you take away the
Marines, or they will be fired upon"
The man cd not go with any hostile intention OF
with any threatening purpose, but simply to state
that he believed the Marines would be fired upon If
they did not retire. So said the man who went TO
Major Tyler, and it is therefore plain that Major
Tyler must have mistaken his purpose
But, again, Major Tyler says that General Hender
son did not whisper 10 hum and say, "Now is the
time 20 take the cannon" General Henderson has
testified that he did. can understand how that
might have occurred and Major Tyler not have
heard il. But the Major says ait was impossible
that General Henderson could have whispered TO
him" Now, gentlemen, you are obliged TO believe
that this venerable old warrior General Henderson,
was cgregiously mistaken, or that Major Tyler was
mistaken Which of these witnesses is the most
likely TO be mistaken on this pointp say Major
Tyler H. for think, under all the circumstances OF
the ease, General Henderson was the most likely TO
remember whether not he whispered TO Major
Tyler. The testimony Of Major Tyler is not there
fore reliable because Of his liability TO error; it is
no imputation upon his veracity
But again, Major Tyler says he did not hear any
order given by the Mayor TO take the cannon. The
Mayor says he dbl giUe such orderi Now you can
not believe them both, though you may discredit
both, as they have both committed errors in their
testimony.
Thus have shown that several errors were COM
mtted by Major Tyler on points Of fact. I do not
moan 10 say, 10 intimate, that bis testimony is
false, but say you cannot rely upon the correct
ness e his memory and observation.
have now disposed Of the testimony of Messrs.
Goddard Magruder, Dom. and Tyler--all the impor.
tant witnesses for the United States.
Officer Birkhead comes next On his testimony
depends the fate of young Spencer, proDided there
was riot This is the only witness who says that
Spencer had anything to do with The disturbances;
and IL Gun show you that he was so frightened and
confused he did not correctly state the facts as 10
Spencer, you viii not find ii difficult to dispose Of
his whole testimony.
am not attempting TO make out q case of false
Swearing against any of these wtnessesthis desire
TO have stinctly understood. have simply shown,
and propose in the sequel to show, that they have
blund red erred made mistakes, and are, therefore,
Now, as to Birkhesd, what says heS He says he
n