Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-08-08


| II would he found that the duty was conferred
upon those commissioners who were judges of
the election; that to their honor, integrity and
discretion the law confded the faithful conduct
OF that election; that they were the judges of the
manner and the time for receiving votes, with no
appeal from their decisions, which were such as
the law provides, peaceably engaged in the per-
Torrance of their duty, when peace and quiet
prevailed around them, and the citizens engaged
in the exercise of their rights, n portion Of the
United States military parades upon the ground
with loaded muskets and flashing bayonets TO
participate in the business of that election
The District Attorney exalts the Mayor into an
officer, In command of military force to dictate
to the Judges, and to order those Judges the pro-
position Is confined TO the simple fact of opening
the polls; but he goes further. and SAYS that he
has power to open The polls, and to proceed with
the election; and il is but step further to COM
mand hoto they shall proceed with the election
and TO say VI the peace was disturbed, who dis,
turbed it, if riot occurred, who occasioned il; he
spPrehended, the military. If the Mayor, with
ms army IN array transcribed his right, had the
people not the right to express Interpretations to
resist his assumed dictation' As to the second
proposition of the District Attorney they asked
the Court in effect TO say that these commission
ers were guilty of riot; he assumes a fact
what Is matter of proof, TO he expressed at the
termination of the trial. The Mayor had right.
for proper reason and for sufficient ause to rall
ont the military; but I'm no Is this to he done
In the absence OF that cause or the President to be
the Marshal of this District. He closed by s.y-
Ing that be apprehended that he had pointed out
which
for the defence had for refusing to acretle to the
extraordinary propositions of the District Attor-
new.
Mr.. hey proceeded to read to the Court, from
municipal elections.
Mr.. Bradley p: o. ed q offer law authorities in
relation 10 the points contained in the PROPOSE
tons OF the District Attorney He entered his
protest against those propositions in a most en-
phatlc manner, that an irresponsible discretion
was vested In the Mayor or any other civil officer,
either by the laws Of this country or of gland;
he referred to the case among others of the Brit.
ish rioters, as reported in the Commo Law Re
ports of England, in support of his position
MI. b went on to say that the first thing to he
CONSIDERED by the Jury was, Was Il an unlawful
aSsemblage? Was there a breach OF the peace1
If there was none, then the marines were ,inlaw-
fully called ont. IL might be an unlawful as.
semb!y In very slight degree. then there was no
pretence for calling out the military such cases
must depend upon their own circumstances The
jury was TO judge, under the particular circum-
stances, whether the Mayor used more violent
means Than were necessary TO disIe-se the mob.
He apprehended that it would not be determined
that the discretion of the mag stTateS in this coun-
try went further than II did in England. If there
Is no law to justify the Mayor in his course, then
we are justified, and could to all intents and pur-
poses, resist any unjustfabe and irresponsible
exercise of such discretionary power.
Mr.. Bradley Is speaking on the Instructions as
this report closes. -
L. :. Police REPoRrs-Bsfors Justies Doua
Andonia Johnson (colored) was arrested by o Rcer
King. charged with stealing pig from Ann Han
son, (slso colored) Case was dismissed Ann
subsequently became possessed Of the pig when
Officer Parham arrested her under q Similar
charge, which was subsequently, Withdrawn as
an action is pending before Justice Rowland on
search warrant. Lawyers are engaged on both
sides. Although the pig is valued a; only Il 50,
It has already cost them near 500
Henry Giants (colored) was arrested by Officers
Ming and kemDle charged with stealing flute,
small quantity of coin and likeness from w
L. Duval also hat from Mr.. Middleton, which
ne took from Nj. Is house, leaving d worse one
in its place Committed 10 jail.
Officer Parham arrested HonOTa Roach charged
WIN committing assaults and batteries on Mary
Roach No. and Mary Roach No ,; Mary Roach
No. for assault and threats toward Honora
Honora gave security in both cases for court and
Mary to keep The peace.
Officers kembie and King arrested Banholo-
new Callan. under the charge of steal ny certain
goods from Laurence Hurley He was commit
TED TO Jail and subsequently gave security for
Court.
Officer Parham arrested Mary Saur under the
charge OF having committed an assault and bal
terry on Mary Ann McMickeii. The case was
dismissed.
James Carroll was arrested by Officer Parham,
under the charge OF having committed an assault
on woman named Ana Page, by entering her
drawing knife on her. and threatening 20 kilt
her should she give alarm TIe was committed
to jail.
CENTRE MARKET.-ThiS morning, the market
was as lively as usual upon Saturdays at this
season The gangways were much obstruced
as ord nafiiy by talking parties. hoised parasos
and other articles of extraord nary circumfer-
ence. The demand appeared to be great as
during the TWO weeks past. and the supply sutl-
Gent. The quality OF provisions was excellent.
and :he prices about as follows
BEEF, pc ID...... ltal2H Shipstufs ........ 50