Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-29
CRIMINAL CovRr.-T,;oJ oftl. Ei,e,;o. Riot

CRIMINAL CouRr .-TriaI Of Me Election Riot
'JS--ih our necessarily brief notice Yesterday Of
the opening address az Nh Bradley to the jury,
we indicated the line of defence assumed
Mr.. Bradley went on to say that, In the history
of the country, he knew of no event of more alb
sorbing interest than that now before the court
He had diligently inquired into the incidents of
this affair, and il would be impossible for him to
convey to the minds Of the jury the impressions
upon his own mind. Ii was the first time in the
history of this country when the L. 8. marines
had been called out to Cuell disturbance at an
election; he hoped it would be the last
The defence in the case is, first; that there was
no riot at the polls Of the Fourth Ward but a
sudden afffay sprung ap unexpectedly, in which
two great political parties Were concerned pIo-
ceeding from accidental causes and consequently
there was no riot; that after il was ouelled the
voting was resumed and continued for four hours
until one man attempted to vote upon a dead
mans papers; while the horizon is clear, the arm
ed forces of the United States are brought up
there to suppress a riot Peace, quiet, regular
order prevailing, armed forces are brough t up to
quell riot as TO the ARRAY in the morning il was
sought and brought about by the Executive of
this city. IL there was riot. the defendants were
acting on the defensive; he would show that the
Mayor was informed that the parties were COM
ing on to interfere with the election one week
previous to the election and that when he was
told about it, he replied that he knew all about
1t. and would have the police at the Depot to ar
rest them as they came in; he would show that
only portion of the police was at the Depot to
arrest them: the police knew of the arrival of the
parties, and made no effort TO arrest them Where
was the Auxiliary Guard then, when they should
have been on the ground They were kept back
purposely that there might be occasion to call out
the marines.
He would show that the first violence offered
was by Capt. Goddard that the first pistol fired
by Capt. Bag9ott. The affray lasted three
minutes at the outside, and it was all over Capt
Goddard passed away and met the Mayor and
Capt. Mills, and got in the carriage and rode up
tn Ghp nd tbnrp
again quietly. Ii was Il precOncerted thing on
the part of the Mayor and the Captain of the Po-
lice. Two citizens of Washington went to the
Mayor and asked for additional police force for
the Second Ward, and found him engaged in
making out the application for q tile OF marines
Meanwhile the captain OF the marines was or
dered to get his men ready for action. Offers
made to the Mayor froIn citizens TO volunteer and
20 to the protection Of the citizens. They were
REIN ed. Tie pan of th3 Mayor was we'll formed
and carried into deadly execution lie marches
his force to the corner OF | and Seventh street.
He demands that the polls be opened. The reply
Is, . Withdraw your marines and we will do so -
He would show that not weapon WAS dis
charged by the alleged rioters until after the gun
was captured that an American had been pre-
viously shot down by the marines. ile alluded
to Wells who was sitting quietly and peaceably
on 4 bench IN the mar ei-huuSe when he re-
ceived the fatal musket ball in his breast
If he Bradley had been there AT the time and
had been armed, so help him God, he would have
shot down the coward who did the deed. lie
should prove that the order To fire was given
by the captain Of the Marines, by the Lieutenant
and by the Mayor himself. Ii this WAS the
case, it was one which called for the strict and
underwriting veStl9dtlon, and liz i'll action of the
people of this community. If these facts so,
aud he expected to prove them so, then the MayoT,
well az the officers OF the marines, were guilty
of murder. There i law which authorized
the calling out of the United States marines Oh
that occasion If such was the fact, il was muir
der TO shoot any man that day. The only excuse
for calling ont the military is tn repe an nvaSi O
an inSurrecton, or To maintain the laws but even
then, before the Mayor las right TO Order ont the
soldiers lie must, by his prOClanaton put the
citizens on their guard. Ii is unlawful to call out
the military until all the ordinary means have
been exhausted. The Mayor had forty six police
officers under his control. with full power TO swear
in as many more extra force as he might think
proper he had the Marshal of the District by his
side, with full power to summon many men as
he mig think proper; that he could have sum-
mOned, If he had chosen, the whole posse comb
tdtRS to his aid Mr. b. recapitulated the points
which the defence expected TO prove-first, that
there was riot and second, if there was 4 riot
il was preconcerted and brought about by the au-
thOrtieS of this city.
Mr.. Brady went on TO say that the defence ap-
peared in this case under peculiar circumstances;
that himself had been Slandered by the cOmmu-
nifty; that not word OF truth was contained in
the various accounts given by the newspapers OF
the city.
voce-That is false
Mr.. Bradley-turning 10 a reporter (Mr Hardy
IT the Clerks desk hear that man voice Civ
ing me the lie. | call your hOnors attention to it,
Mr.. Radcliffe think the gentleman is mis-
taken. The reporter did not say a word.
~ Mr.. Bradley heard him with nv own ears.
The Reporter ito the Court)-l did not utter 4
word
Mr.. Bradley-I saw and heard you
The Reporter say that thai is false.
Here there was 4 sensation in the court, and the
Judge called Mr. Bradley to order.
In a few minutes Mr.. Bradley went on to say
that statements had been published in the papers
of this city, in which the facts had been sup
pressed and hushed up He alluded to the re-
port OF the Grand Jury, with which every man in
the community was familiar. He said that every
man on that Grand jury was politically opposed
TO the parties who stood indicted before the cont
The Court held that the gentleman was out Of
order that il was not proper IL impute suCh mo-
tives 10 the Grand Jury.
Mr.. Il. went to say that unless the Jury were
SupeThumdn. they coulr not come into the ronrt
without believing In their minds that there was
riot, that the parties now up for trial par
Elephants in that riot and cOnseg uently guilty.
they had heard one side of the case only. IL the
court had not prohibited him from making the
remarks, he should have called the attention of
the jury to the report of the grand jury. which
was published in the newspapers of this city; lie
would call their attention 10 statements made in
the papers, in which facts which were material
to the fair investigation of the riots were con-
cealed and which statements We're calculated to
prejudice jurors to the real nature of the case
He spoke of the cannon which had been captured
by the marines from the alleged rioters, anil sta
ted that it had been spiked weeks before the
election, and was spiked when on the ground
that day. This fact he expected to show by the
mouths of credible witnesses. The public prints
OF this District had made statements in relation
to the alleged riots, which tended TO prejudice
and affect the fairness of the investigation. The
whole thing was Il well directed stab at the
American party, and had been previously con-
cOcted for such purpose.
Mr.. Radcliffe arose and said that he appeared for
Charles Hurdle. He went on TO state his position
in relation to the defence; il was, he said a deli
and novel one, but that he held to the opinion
that lawyer who had not the moral courage to
distinguish between his professional position and
his duty TO his client was unfit for the profession
20 which lac belonged. He stood there 10 perform
single duty; the duty which every counsel owes
To his client. lie called the attention of the jury
TO his line Of defence, which was that his client
was not present on the occasion of the lat riots
and if he was there he was not participant in
the disgfaceful scenes which ChdTdCtcTiZtd that
bloody day. He should not attempt to argue
whether the Executive was night OF wTong. but
hc stood there tO vindcatc the entire innocence of
las client to that point, and tn that line of de-
fence alone he should cOnfine his Investigation
st.ictly, and not interfere with the Executive at
all III the matter OF the investigation. His de
fence was first, that his client not present at