The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-05

men, has the disturbance Of the morning with the
disturbance in the afternoon? | do not know
whether understood my learned friend rightly,
/ do not know that understood him to maintain
that there is any proof exhibiting connection
between these two disturbances; yet il is only
upon the hypothesis that there was such connec-
tion--that there was any color of authority to
lug the occurrences of the second transaction
into this case as legitimate subject of enquiry
have stated to you, gentlemen, that the ARRAY in
the morning was directed to one purpose, and was
participated in by one set of persons !; that the |
ARRAY in the afternoon was directed to quite an
other purpose, and conducted by different set |
Of persons. The evidence probably implicated
some ofthese parties in each, but not all of them
Now, the purpose of the morning affray was, if
you please, to break that column of Irish voters
to interfere with their right to vote, to disturb the
election but what connection had il with the
ARRAY in the afternoon? The Irish were not there
| mustered up again to vote; Capt. Tyler did not
bring his Marines up under arms to vote They
had all voted perhaps at the Navy Yard. So then
the parties to the afternoon ARRAY were entirely
different from the parties TO the forenoon aiiray.
1t originated out of another matter--that is con-
ceded. The afternoon atfray originated out Of the
marching Of the Marines from the barracks. It
| was participated in by persons from the Navy
Yard, described as boys and young men Of one or
/ two and twenty, eight, ten, or dozen In number
at the farthest 1t had it's origin at the Navy
| Yard and not at the first precinct Of the Fourth
Ward Its cause was the marching OF the Ma
rinesbecause the proof is that, as soon as it was
known at the Navy Yard that the Marines were
going to interfere at the election these boys got out
this old swivel, unloaded as it was lame of a
Wheel as itproyed to be, and dragging it after the
Marines, traled it to the Fourth Ward say
1 then that the appearance of the Marines at the
place Of voting in the Fourth Ward, was the first
ntirnation there of the disturbance. II is impos-
sible therefore for any connection to have existed
between the morning shindy and this trouble with
the swivel. Tie first, If you please, was with the
Plug Ugies from Baltimore, and their associates
| here, armed against the Irish while voting; the
second was by the boys from the Navy Yard,
armed against the Irish Marine corps. They had
diferentpurposes they were directed against differ
emit persons; they occurred at different times, and
| there could have beenno connection between them
They we're as disconnected as If one had occurred
to-day, and the other yesterday. Not q Plug
Ugly" was on the ground. IF there was riot then
about sheswivel it was altogether different from the
ARRAY in the morning think this must be con-
coded; nay, understood his Honor, Judge Craw-
ford to take that view of til case in his decision
on the instructions Can it be insisted, then, that
| there was any connection between these two
ARRAYS? What, then, did the learned District At
torney of the United States mean when he asserted
that those polls were under duress, and in posses
sion of the mob throughout the entire day? Where
do you find the evidencep He said it was proved
that tomahawk or something like one, savage
sort of weapon, was stuck up by some Plug Ugly,
and that threat was made that no damned Irish
man shouldvote. The Plug Uglies then had possess
ion Of thepolls. How long did it remain? Theman
who stuck it in the fence made his remark sat down
under it, and according to the most exaggerated
account left in five minutes, and yet my learned
friend adyerted to that fact as proof pregnant to
show that these parties had possession of the polls
all that day. The tomahawk was stuck in the
fence and allowed to remain five minutes, and then
taken away, and that is proof that the riot con
tinued there till one o'clock according to the gen.
| tleman. By what process of ratocinaton, or sys-
tenn of logic he arrives at his conclusion passes
/ my comprehension. But he says that the poll
books prove that this state Of things continued.
Now, by an appeal to the poll book, which we
brought into this case, we ascertain that certain
number of votes were cast prior to the arrival of
the Marines, which were equal to the number Of
minutes in the time which interviewed from the
reopening Of the polls to the arrival of the Ma
rines
Mr.. BRADLEY. More.
Mr.. ELLIS. One and one.third minute.
Mr.. SCOTT. My associates tell me that the
number of votes exceeds the number of minutes
in that duration Of time, and among them, the gen.
tleman comedies are to be found many names
peculiar to other lands, indicating that the voters
were from foreign parts, and yet my learned
friend, with that poll book in his hand, preg-
nant with this truth, gets up and argues to this
jury that the poll book shows that that rioting con-
tinued from morning till noon, and that, during
the whole day, the Plug Ugies had possession
Of the polls. ! beg my friend to remember that
he is conducting criminal prosecution, where
justice and fair play, If not liberalty, are ex-
| expected. he says, that he comes TO bis con-
clusion because he understood it was proved that
more than a hundred Irishmen were driven from
\ the polls in the morning, and he does not see a
hundred Irish votes on that poll afterwards. Now,
let US test the gentleman's logic. The Irish we're
| frightened and driven away; the poll book shows
| that only a part of them returned; part kept
away, md therefore, yes, therefore, The gentleman
argues because this party kept away the riot con.
tinued. Now, sir, think this is a most extraor
binary course of reasoning 1t might be that the
riot terminated and that those parties acting upon
their apprehension did not to choose return They
were afraid and did not choose to expose themselves
to the chance of danger afterwards. Order was re.
stored, the peace was kept, quiet prevailed, and
they could have voted in security il they had de-
sired to do so, but their fears kept them away,
and for that reason, their names do not appear on
the poll book. Is il evidence of continuation of
| this riot that their names are not there say,
surely my friend on the other side must have for
| gotten that he is prosecuting these parties crmi-
nally, or he would not have INDUCED in an argu-
ment SO strange this, and so false in its concu
sions. He said Mr.. Dom proved that there were
| disturbances from time TO time during that day.
| Suppose there were--sporadic cases-but does it
prove that there was an epidemic. Concede that
there was an ARRAY in the morning; does every
disturbance during the day make the continuation
Of riot? 1t strikes me as little absurd. But
he s-justice-policema Dom said he saw many
cases of Irishmen driven away. Now, Mr.. Dom
was not the only person at the polls. He was not
the only one who had eyes to see, and ears to ear.
The commissioners were there and exaInned