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

the alleged riotlng In the morning, II you believe
the evidence on this branch of the case, was Who'll
ly unconnected with the Marines In any shape, ex-
cept SO far as it was the ground on which the Ma
rnss were brought out,) to ascertain whether any
or all of the circumstances before rected existed,
so to authorize or Justify the use of force and
this, with view to the guilt or innocence OF the
rssistdats. But If you should believe from the
evidence in the case that the Marines, after their
arrival at the polls, where they were legally, with
out any offensive violent act on their part, were
first assaed in a violent and turbulent manner, to
the terror of the people, according to previous
concert, whether remote or immediate, by the de-
PENDANTS, or any Of them, with or without connec-
ton with Others not on trial, making not fewer
than three assailants for the purpose of dispensing
the Marines against all opposition, then the de-
PENDANTS, or so many Of them as thus assaed the
Marines, would DO guilty of riot"
The DISTRICT ATTORNEY That leaves it
open, then.
Mr.. SCOTT could not attribute to this
intelligent court the decision that petty corpora
ton officer, though he was peace officer, was
not responsible to the law for the manner in
which he exercised his power and discharged bis
duty Why, have discretion how shall talk
to you, gentlemen Of the jury, but must exercise
decency, If offend the law, may be punished
for it. The Mayor had the right to get the
military; he had right to use them against those
who were violating the peace. But suppose,
instead Of undertaking to arrest the party who
was within his power, he had taken platoon Of
marines and fred upon him and killed him. Here
he was acting under his discretion; but If he
killed the man would it not be murder, and would
he not be responsible, therefore, in acting accord
ing to his discretion? The books contain case
in point Justice Littledale, in summing up a
- -s,,J < NJ onI
Payne's English reports, in Rex versus Pinney, p
56l-uses this language Now, person, whe-
ther a magistrate or a peace officer, who has the
duty of suppressing q riot, is placed in very
difficult situation for if, by his acts, he causes
death, he is liable to be indicted for murder or
mansaughter, and if he does not act, he is liable
to an Indictment on information for neglect; he is
therefore bound to hit the precise line of his
duty"
This decision having been made, Mr.. Justice J..
Parke said, 81 do not think it necessary to add
anything and Mr.. Justice Taunton said, "nor do
l." Both, therefore, concurred in the opinion.
It would be preposterous II, when mayor got
his military under Presidential order, he was
not responsible for the manner in which he used
it. Why if that were so, he might 60 on these
streets bayoneting and shooting wherever he
found man or an opposing party to him, and he
could not be held responsible to the law for muir
der. The representation made to the President,
believe, was that not only were these parties
rioting, but ! believe it was represented, also,
that twenty-one were killed or wounded. Where
did he get his information of the twenty-one
Some two or three were wounded, perhaps 1t is
an exaggerated statement of what had occurred,
and false statement as to what had not occurred.
He, however, got the Marines under that false
evidence, and there is no escape from it. ] say
he got under that false pretext an order for the
marching of the marine corps, who were at your
Navy Yard, and not only that, but an order
couched in most extraordinary terms, setting
out in what manner this corps should be armed,
leaving no discretion to the experienced officer
who had charge of it, commanding them to rake
up every man, even to the waiter, the cook, the
boot-black, and every mental about the house, in
uniform or out of uniform, and commanding that
they be marched armed with bah cartridges.
With this bloody order in his pocket and these
ready tools to execute his behests this city official
marches to the ground. In the mean time, perfect
peace perfect quiet perfect order, was prevailing
there. With single exception, Of an ARRAY with
one Irishman, uninterrupted peace prevailed
during the entire period after the morning affair.
When the Marines started from the barracks, a
parcel of boys from the Navy Yard followed them
with an unloaded swivel. The Marines turned of
to report to the Mayor at this place. and The boys
ground in Seventh street they got powder and
material, with which it is proved they charged it.
But on getting on the ground they interfered
with no one there; they made no riot; they
caused no ARRAY; and the voting went on. They
took their station along the Market House, and so
little attention did they attract, that I think one
or more than one witness who passed on the
opposite side of the street, came to the place of
voting without noticing them. They were under
90 Al. 49, - ex,.
with a swivel. Ny friend, Mr.. KEY, asked why
the Commissioners did not complain of the pres
ence Of those boys. He might have answered his
own question. II he had put on pair Of cromatic
glasses, by which he could have seen them in a
proper light he could have answered that they
did not complain because the boys did not annoy
them they betook themselves to another place
they assaulted no one; they committed no dis.
turbance; the voting went on; ard that is the
reason they did not complain. They had no cause
TO complain. Then the Marines took up their
line Of march, and the Mayor conducted them 10
the corner of Seventh and streets, where they
we're drawn up in line. The Mayor proceeds in
advance Of them to the polls, and he tells us that
he found the polls closed; that he knocked at the
window, but received no reply He was informed
that the Commissioners had absented themselves.
He also tells us that he was received with derison
and scoffing, and his attempts TO address the
crowd were unavailing. Well, suppose they
derided the Mayor-suppose the persons about
there scoffed at him-does that make a riot
Suppose George Wilson and William Wilson both
said that the Commissioners had closed the polls,
and that they should not be opened until the
military were taken away, would that make riot?
They did nothing to resist the Mayor. What they
said was expressive Of their own feeling, their
indignant feeling, think justly indignant feeling,
at the presence Of the military. Did that consti-
tute a riots Why, the Commissioners were not
there to respond to the Mayor. If Mr. KEY could
make riot out Of il, he must show that the Com
missoners we're there to be acted upon by what
the Mayor said, TO have their conduct influenced,
because unless II was so II could not be
said that these remarks were obstructing the