Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-08-10

not now upon trial, for the purpose Of driving of
the marines in spite of all opposition, then the
defendants or SO many of them as thus assailed
the marines would be guilty Of a riot. =
With regard to the second instruction asked by
the District Attorney, the Court remarkt that
the conduct Of the elections In the city Of WASH
ington Is confided BY law to their Commission
ers to be appointed as the law prescribes. Their
duties are expressly pointed out by the law, and
among this 1t is specified that they shall keep the
polls open from seven O'Clock in the morning
until seven o'clock In the evening. The Com
missioners cannot lawfully close the polls be-
tween those hours; and nothing short Of some
everything necessity which makes 10 impracti-
cable for Them to receive the votes offered, or to
continue the election, will excuse the closing Of
the polls. II the jury believe, from the evidence
that the polls Were closed in the first precinct Of
the Fourth Ward, in the language Of the PRAYER
for no other reason than the presence Of the ma
rines, then the act Of closing them was Illegal
The Mayor Of the City Of Washington has no
powers other than those which are given him blythe
acts Of Congress and the laws OF the Corporate
authorities, passed in pursuance and by virtue OF
the powers conferred upon them by Congress
Among the duties Of the Mayor, ii is enjoined
upon him by the act Of Congress Of 1877 to see
that the laws OF the Corporation be duly execu-
ted. That provision was not repealed, as had
been asserted here The act OF May Is isa0, Sec
ton one repeats only so much of the law of 1912,
IA Is inconsistent with the provisions of said I
Of 1870; and the law Of May ~, 1SiS section one,
continues the act Of 1920 in full force for twenty
years with the repeal Of acts In conflict with its
own provisions. .. .....- ......
The Court remarked us to the recited duty Of
the Mayor as had been asserted the Mayor had
the authority to request or demand that the polls
should be opened, but he could not enforce that
'mand, for there was no specific power conferred
upon him for that purpose. III he demanded Of
the commissioners to open the polls when closed
and did not take any further steps that such de-
mand should be carried into effect, Il was no mo
than his duty required. And lastly. IL the Jury
believe that the defendants with or without the
conjunction Of others not named in the indict.
ment, numbering at least three persons, with a
determination to assist one another against those
who should oppose them, acted together for the
purpose OF thwarting the efforts Of the Mayor to
have the polls opened, and to oppose his exer.
tions to preserve the public peace, then the de-
PENDANTS, or SO many Of them as thus acted would
be guilty of a riot.
Mr.. Key then entered upon his address to the
jury, which was quite universally conceded to be
one Of remarkable power. and induced some of
his auditory to insinuate that the District Attor-
ney had been " playing possum' In claiming to
be IN Ill health, as no sick man could Ike a Two
hours speech Of such sustained vigor.
Mr.. Key was followed by
Mr.. Darlington, who IL speaking I'm behalf of
Charles Spencer as this report closes
POLICE RRPoRrs.-The reports of the late Chief
of Police, J. w. Baggott, Esq for the twelve
months ending June 30, 1857, show the aggregate
of judgments obtained to be 50, 792 o. Amount
Of money deposited to the credit of the Corpora.
ton, 81 ,99i D., as follows: