The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-26
From The louisville Journal.l

/
| The examination of the persons charged with
participating in the election riots at Washington
has been dragging its slow length along for several
days So long as the testimony was favorable to
the Democratic party, it was regularly reported by
the Democratic newspapers, but since the witness
es for the defence have been called different as.
pect has been given to the affair and the Demo.
Gratis have ceased to report the progress Of the
examination.
The trial takes place before Democratic judge,
who appears to have manifested most shameful
partizanship in his conduct Of the examination.
He seems to be anxious to rule out every point
raised by the defence, and to thwart the counsel
in developing the true history of the causes which
led to the ARRAY. He would not permit evidence
to be introduced showing that the mayor had
previous knowledge that strangers were coming to
interfere with the election, and that he could with
that knowledge have arrested the attempt He
would not allow it to be shown that liquor was
freely distributed from the City Hall amongst the
police and to the marines on the day Of the cleo
ton, and that thus they were made excitable and
lily qualified for the duties which were imposed
upon them He would not allow it to be proved
that plan had been formed before the election to
congregate foreigners at the polls early on the
morning Of the election Itseems tobe afxed fact
that the Democratic judge has strained several
points to exclude testimony which is considered
proper in defence Of the accused parties, and it is
said that great excitement exists in Washington
in consequence.
The shameless partially of the Court has elected
the severe condemnation Of impartial unprecedented
persons. 1t is evident that justice is not the OBJ,
ject in view According to the correspondent of
the Philadelphia Inquirer, who has analysed the
testimony the following facts have been developed
during the trial The testimony of the prosecu-
ton shows that there nonecessity of calling out
the military, and the fact that they were called out,
and with serious loss, reflects deep dscredit upon
those who were the chief agents in the loss of
lives which followed. 1t is on proof:
First, That Mayor Magruder, being on the wit
ness stand, admitted that he did not call upon the
Marshal of the District to assist him in maintain
ing order on that day, and that, although that
officer was in the Mayors Office before and at the
time the application for the Marines was made to
the President, he had no conversation with him
on the subject. The Marshal occupies in the Dis
Philadelphia, and was the first man to whom the
Mayor should have looked for assistance, he hav-
ing the power to call out his posse comitatus.
and yet, he was not even consulted in so grave an
emergency. A question being put by one of the
counsel for the defence, for the purpose of show.
ing that the civil authority of the Executive had
not been resorted to and exhausted before calling
out the military, 10 acas promptly ruled ont by the
Court
Secondly, Major Tyler, who commanded the
Marines on that day, asserted distinctly, on the
witness stand, that he received no orders what
ever from the Mayor TO fire upon the crowd, nor
even to take the cannon from the party that had
it in possession, but that he acted upon his own
responsibility, or, as he says, in selfdefence, in
ordering one platoon of twenty-five men TO fire.
These proved TO be poor marksmen, and deserved
TO be cashiered for incompetency, for the only re-
suit Of their twenty-five shots was the wounding
Of one poor fellow in the leg. The second com
pany, and the one that did all the manning and
killing, he testified did fire without his or the
Mayors orders, but having inadvertently admitted
that they probably had orders from Capt. Maddox,
his subordinate he attempts to justify that officer
and says that he would have deserved TO be cash
tered II he had not thus acted. This is strange
doctrine. II the men had received general orders
to fire at WILL IL would do very well, and it was
no doubt very disagrceable for them to receive
paving SVohc ofu pcihaPo empty ohoeo hoh the
rabble, but to assert that the platoon justified
in firing without the orders of the superior officer
in command, is, begging Capt Tyler's pardon,
simply ridiculous, and shows wrctched state Of
Discipline in that branch Of the national service at
the Navy-yard. No court martial has been order
cd in regard to this fragrant breach Of the ordina-
ry rules of civilized warfare but Capt. Tyler has
been promoted TO majority Possibly il is the
design of that gallant officer TO make Capt. Mad
dox the scape-goat for his own shortcomings.
Thirdly, The counsel for three Of the accused,
when the testimony for the prosecution closed,
asked their discharge on the ground that not
word had been uttered by any Of the witnesses
duplicating them in the least degree, and there
was therefore no defence for them to make; but
the learned and impartial judge refused Tie dp.
plicatidh. Comment is unnecessary. Victims
were wanted, and IL evidently makes little differ
ence with the prosecution whether they are inno-
cent or guilty.
HOBSON'S ABOUT,
Very indignant Mt the expose of last week--has