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

on the LIST OF June. 1t becomes my duty AZ coun.
sci for the accused, TO examine into the origin Of
that disturbance, as attempted TO examine into
the morning affray, trace it from it's origin, and
point out the parties that are responsible for
it. This mean TO do without fear, or any expec-
tation of favor.
Between nine and ten o'clock of the morning
Of the first Of June, this ARRAY occurred at the
first precinct Of the Fourth Ward, in the manner
that | have explained. Information Of it was
carried to the Mayor of your city, After some
delay, the Mayor, in an open baronche, accompa-
MED by Mills, the captain of the Auxiliary Guard,
and by Goddard, the witness who has already
figured in the case drives to the scene Of the
disturbance He does not descend from the
barouche, nor does Goddard. According TO his
own account, he spoke to Mr.. Wheeler, the father
Of the Tax Collector. He spoke to no one else5
he commands no peace; he cautions no disturber
Of the peace; he sets up no authority; but sits
quietly and peaceably in his barouche, where he
is left undisturbed with his associates The Com
missioners made no complaint to him; he made
no enquiry Of them; but he puts out the Captain
Of the Auxiliary Guard, and in company with
Goddard drives off to the Navy Department. The
Captain of the Auxiliary Guard, / say, was left
upon the ground, but we do not hear that he was
called upon to 9uel any riot, or that any disturb
ance occurred. No. and they have not dared 70
put that man ON the stand. II there was riot or
disturbance there, Captain Mills must have seen
it. He was city officer, brought there by the
Mayor left there by the Mayor, obliged to see 4
disturbance, il disturbance there was, and this
prosecution has not ventured to call him to the
stand. Now, gentlemen, what was the condition
Of things about these polls at the time Of the
Mayors advent. Was there rioting there? II
there was, he ought to have commanded peace.
Were there disturbers Of the peace there? i
there were, he ought to have had them arrested,
or to make the attempt, at any rate-certainly 70
have given caution and to have commanded
peace but he did none of these things, and fol
the best Of all reasons, as the proof shows there
was no disturbance of the peace. He says that
| the voting had not been resumed. Now, do moi
mean to charge that your Mayor swore falsely
but do mean to say if we are to respect human
| testimony upon contested matter OF fact, it il
proved in this case that whilst the Mayor was
sitting in his barouche, the polls were open anC
the voting going on. The name of the witness tt
that fact is legion, and if human testimony car
establish disputed fact, the testimony in thi
| case does show, that at the time Of the Mayor
visit to that place the polls were open, the voting
going on, and there was no riot and no disturbanc,
of the peace There has not been one witness
though drag-net has been cast over this city, wht
has been found to testify, that whilst the Mayo
was present, there was any disturbance or breach
ofthe peace, save only the Mayor himself
The Mayor, it viii be remembered, never de
| scended from his barouche but if party was VIC
lating the peace, why were not the police in thu
execution of their. duty; why was not warning
| spoken; why was not the peace proclaimed? i
is vain and idle, it seems to me, to pretend thai
an intelligent tribunal, in the face of this mountain
of proof these facts piled up in this case, be
| licve the Mayors statement. True or false, thai
| was just after the morning shindy. 1t is proved
that the Baltimoreans had left the ground. be
| lieve they were needed for riot at that time il
| the Seventh Ward for the District Attorney hal
some other indictments on his docket. suppose
when they come to be tried, my friend will prove
that these visitors from Baltimore were rioting d
| the Second Ward: whilst here he is attempting
| to prove they were rioting at the Fourth Ward
| and whatever he may attempt, God knows he car
get witnesses here to prove anything. But, re
peat that for the purposes of this case, for is fail
consideration and its just decision, we have estab
lished what was the condition Of things when the
Mayor came TO the polls: the "Plugs" were absent
Nay, the Mayer proves it himself because he said
as he drove up the avenue in the exercise of his
duty, which required him to look TO the condition
of the city, all the time streaking it to the Navy
Department, he met a party of rowdies who bur.
raed on their way to the other polls. Now, ap-
prehend they were the plugs" SO that the
Mayor himself discoses that important FACT though
he does not say that they were. According 70
every probability, the party engaged in the morn
ing shindy had left the ground, and that is in ac-
cordance with all the testimony.
He had no reason TOR his excursion, but he drove
up the city on official business " What did you go
for?" "On official business" "To see what was
the condition of the highways Of the city, and tc
visit the western part of the city on official bust
ness" Now we know what his official bushes:
was as we'll as he did himself. We all knew he
was running to the Navy Department to have the
Marines called out. Was there a reason for it
vas there cause for tia reason sanctioned b.
law, or a cause that the law respects The militia
ry may be called out, but il must be in extreme
cases. That is the law Of England, where militar,
law prevails 10 greater extent than hope TO se'
it prevail here. To que riots to quiet ARRAYS, Il
| dispense unlawful assemblages, and TO keep tn,
peace is the appropriate duty of the civil author
| ity. In England il is so. You have heard tn
law as it has been expounded, gentlemen, alread.
| by the learned judges of England, in some of thu
/ cases quoted in the arguments on the law points
In this country IL Is So These duties pertain 10 tn
| civil authorities. The military may be called OIL
| in England lawfully where there is just cause
may be called on here lawfully where there i
cause for il ; but it can only be legtimately uset
when the civil authority is overpowered, or is una
BILE from weakness, to quell the disturbance. Tha
| understand to be our law as well as the law o
England. understand it to be the law laid dowr
in the instructions, as explained by his Honor, L
which will call your attention hereafter.
Now, was there cause for il in this case? VIVA
was the pretextY What was the condition o
things at the polls Of the first precint Of the Fourth
Ward? What was the condition OF things appear
| ing there on the Mayors visit? Gentlemen, neeC
| argue this question to your Is it not almos
an insult to your understanding TO argue thu
question to you, to tell you that there is M
proof that there was such disturbance or breach
of the peace or riot at the first precinct of th'
Fourth Ward when the Mayor visited it tina
could not be quelled by the civil authortiesS Blu
he made his visit to the Navy Department anC
thence to the Presidents mansion he made hi