The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-19


terror and CONSERVATION OF the people, or, as il
has been decided by this Court, an attempt TO
execute the Same in violent and turbulent man
ner, &c. Now, / say, the evidence or the part OF
the prosecution does not present case OF riot as
above defined, so far as Charles Spencer is con-
cerned, but, II true, proves him TO be guilty OF
another aud totally different offence, not charged
IN this indictment, to wit, an afyay. An affpy
Il defined to be sudden and mutual fighting OF
Two or more persons in some public place, 10 the
terror OF the citizens. You will observe the piin-
cipa distinction between these two misdemesnors,
which shall now endeavor fairly and clearly 10
illustrate First, riot implies concert Of action,
either by previous arrangement or immedi ate
agreement at the time of the disturbance; while
an ARRAY is contest resulting from sudden ebul-
litioa OF feeling, and not from generalization or
conspiracy, either remote or immediate. Second,
riot implies mutual agreement to execute some
common private purpose; whereas an ARRAY is
the result of passion sudden excitement--in-
dulged in by the parties without reflection and
without any design to accomplish some Interior
private purpose. Now, gentlemen OF the jury,
apply the evidence in this cause on the part Of
the prosecution, 80 far as il affects the party
represented by me, TO the law pertaining to the
indictment, as have endeavored to expound il,
and as have expounded it, hope, fairly and
distinctly and then cay, il you can, that you are
W,
that Charles Spencer is guilty Of riot as indicted
What is the whole theory Of the prosecution
simply this: that certain Plug Uglies came from
Baltimore 70 this city on the first of June, 1857,
and were joined by certain lawless ciIizens OF
Washington, for the purpose Of preventing our
nat,ralized citizens from exercising their elective
franchise. Now, pass this whole cause in review
before your minds and point to the evidence,
If You can, that duplicates or tends to
tpsnV.l
the persons referred to, if any such conspiracy
ever existed, to hinder or modest any class Of our
ellowcitizens in the free and full exercise Of their
legal und constitutional rights--the sacred privi-
lage OF voting for the man and party OF their
choice, guaranteed to them by bhe Constitution
and laws of the country. 1t ia true, Birkhead did
say he saw Spencer in company with the Plug
Ughes several times on the first OF June but
upon cross-examination he admits that he never
saw him acting in concert with them during any
OF the disturbances to which the various witnesses
have deposed during this investigation. Now, are
you prepared, in view of this evidence, to say,
that you are satisfied beyond all rational and rea-
sonable doubt, that Charles Spencer was acting in
concert with this party in the execution of the
common purpose, to which, according to the the
DRY OF the prosecution their joint efforts were d.
rected? Surely not. Then my client is not guilty
of riot-not guilty as indicted but, if guilty at
|
prove-guilty of an affray and !, therefore, upon
this ground, also claim a verdict of acquittal at
your hands. have no sympathy with the Plug
Uges am lawloving and law. abiding man.
desire to see all v0lators of the law properly and
legally punished. ] am no advocate of anarchy
and mobocracy--of wrong, outrage, and oppres-
sion, come from whatever quarter it may. Ny
vision is not SO jaundiced by party prejudice or
party attachments not to see, admit and reprove
fha of -.
friends; but let us take care one and all that we
segregate and punish the breakers, and the break
ers only, of the law. There are many other deeply
interesting and important questions involved in this
cause, which are submitted to you for your con-
sideration.
First The legal and constitutional authority of
the President of these United States, TO call upon
the military arm of the Government to suppress a
riot? Second. His legal and constitutional au-
thority to do so, in view Of the facts and circum
stances OF this particular cases Third. The legal
consequences resulting from the course pursued
by his Honor, the Mayor of Washington city, in
the execution of this extraordinary power confer
red upon him by the President OF the United Statess
These are questions, however, as l conceive, for
eign to the issue, to which my efforts In the dis
charge OF this professional duty, should be direct
ed. Whatever view you may take of them, they
cannot affect the interests OF my client az stake in
sion and calculation to the gentlemen who are to
succeed me, to whom this duty more properly be-
longs, as the defendants, whom they represent,
are TO some extent interested in their proper so
luton.
The District Attorney referred to the Louisville
riots, and to other similar disturbances in the va
rious large cities OF the United States 1t is time
he thinks, that the strong arm Of the law should
be raised to strike down these ruthless invaders
ha l,so
Why this appeal to the jury Z? Was it not an at
tempt, on his part, to infame your passions and
excite your prejudices against the defendants TO
this indictmenty For what purpose was this course
pursued? is not the public mind sufficiently ex-
cited already warn you, gentlemen Of the jury,
against these inaammatory appeals. Take care
that in your anxiety TO furnish, by the punishment
OF these parties, bright example TO the yolators
of the law, you do not strike down innocent and
unoffendng men. Take care, that In following
the example Of his Honor, the Mayor of Wash.
ington city, you do not meet with similar fate,
and stain your hands and hearts with innocent
blood and kindle in your bosoms the fires Of an
undying remorse. Take care, | say that in your
zeal to stamp the seal of your public dsapproba-
ton upon this sort Of conduct, you do not like
him, hand yourselves over TO public scorn aud
Reproduction. Why have | consumed 80 much
of your time in the defence of my client!
Under ordinary circumstances | should have
submitted his case without word of argument.
But i understand the state Of popular feel
ing too well to adopt this course. | know human
nature well enough TO know that in times Of ex
element reason aud judgment are dethroned, and
passion and prejudice usuip the sway over the
minds OF men, and that under such circumstances
to accuse is often to condemn.
But in this hour Of desolation and distress, the
unhappy prisoner has sure and steady hope.
The jury-box appears before him like the shadow
of great rock in a weary land !" there he finds a
refuge from the storm and a covert from the tenn
pest-a safe retreat where no rude wind Of pre-
judice can assail or disturb him. / charge you
gentlemen of the jury, to preserve It sacred and
inviolate.
| am done. | leave my client in your hands;
deal With him, as know you will do, fairly, chart
tably, and honestly, as the law and the evidence