Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-01-30
[FRoM sUTToN's REPORT
IN THE DEFENCE.

IFRoM sUTToN's REP0RT]
We have so many calls for SCOTS Speech that
we have concluded to republsh it in small portions.
Ii is the most important document that we place
in the hands Of our readers at the present time 1t
shows up modern Democracy to the life, proving,
that to obtain the "spoils, they will shed innocent
blood-brutally shoot down, in the public streets,
their NEUTRALITY-SUSPICIOUS. they dare to say they
are, and dare to act like, Americaas.
Mr.. SCOTT. May it please the Court gentle.
men Of the jury, my friend, Mr.. Carrington who
addressed you yesterday, had but limited task
to perform. Employed on behalf Of single party,
his discussion of this case was properly confined to
such facts of it as bore directly upon his client.
Mine is broader duty; have to speak to the
whole case and much regret that the course of
argument INDUCED in by the District Attorney puts
me under the necessity of trespassing much more
upon your patience, and consuming much more of
the time OF this Court than in my judgment the
discussion of those topics which Justly appertain
to the merits would warrant. If it had been the
purpose of the worthy gentleman to infame your
passions, and excite your odium against the par
ties accused as the responsible authors of the
bloody tragedy, perhaps his remarks were well
calculated TO attain that end; but, am obliged TO
say that, after listening with attention to all that
he sud, you have obtained very imperfect idea
Of the defence which is meant to be Insisted upon
Gentlemen, may also be permitted to say that,
according 10 my humble apprehension, you ha, Q
Obtained Dut an imperfect IDEA Of the case of the
prosecution.
We are ariaigned here under an indictment al
lodging against these parties particular offence
Now in order to understand your duty to enable
you to render a just verdict in accordance with
the law and the evidence, il is necessary that you
oh ha inf, If
charge, its scope, and its extent. You must be
thus informed, to enable you to do justice TO TIE
United States. Il Is equally necessary that you
should be thus informed in order that you may
appreciate the defence, and do Justice TO the ac-
cused. / had expected the District Attorney,
who las had SO much experience in matters of this
kind, whose competency and ability no one win
question, to have come before you with this in
dictment 10 his hand, explaining to you the pre-
else nature and extent Of its allegations, defining
the scope of the enquiry legitmately to be made
under it, and then with that precision which be-
longs to criminal prosecutions to call your at.
tention to the particular parts of the voluminous
testimony, under which he would ask the verdict
that he demands at your hands. But, gentlemen,
through the whole course Of his remarks, he never
thought 1t necessary to recur once to his ndict-
ment So far as know the Indictment under which
these parties stand arragned has never yet been
read to you, aud i venture TO affirm that even
now at this stage Of these proceedings you are
profoundly ignorant Of the accusation you sic
there TO try. Instead of resorting to the pre-
cision of rife shot, the gentleman has fred
volley of musketry upon us. If his purpose was,
as have said, to excite passion, to inhame anger
and arouse indignation, he may have been as ef
fectnal was that voey Of the hired military fired
into the innocent and unofendng crowd at Alston's
corner. i viii attempt gentlemen, In some de-
gree TO supply this defect, and TO do what il was
the duty Of the District Attorney to have done,
10 call your attention 10 the allegations OF the in
dictment and exp ain its scope, because itsn eces.
sary 70 do this 70 understand Justly the grounds
of our defence. What Is this indictmentf will
read il for your information.
"District Of Columbia, county Of Washington, to
wit:
''lst G. The jurors of the United States, for the
county aforesaid, on their oath, present that VIM.
EggIcston, Daniel Steward, Isaiah Steward, George
johnson, WIN. Sibley, William Garner, George Hines
Charles Hurdle, VIM Hurdle, Robert Stafford. VIM.
Jones, David Lewis, Charles Spencer, Vanlomau
johnson, Daniel Biddleman, Robert Cross, Dink
King, James Wilson, Durbn Langden, George O
Wilson, VIM. b. Wilson, Middleton Brkhead, Mi
chael Hoover, James Cross John Mcdonald Bone,
Ley, James Morse, Henry Gamble, Benjamin Hart
zel, Charles A. Ashley, MuIlony Crop, George iii
lery, John Wesley Woodward, Gregory Barnett, lat,
Of the county aforesaid laborers together with di
'tfc Otutf tNh uispOseu persons, 10 the numDe
of ten and more, TO the jurors aforesaid as yet un
known, on the FIRST day Of June, In the year of ou
Lord one thousand eight hundred and ffty-seven
with force and arms, at the county aforesaid, die
uniswfully riotousy, routously and tumultuously
assemble and meet together TO disturb the peac,
Of the United States in said county and being g,
then and there assembled and met together di,
then snd there makca great noise, riot tumut, an,
disturbance and then and there unlawfully riot
ousIy, routcusly, and tumultuously, remained an,
continued together, making such noise, riot, tn
multi and disturbance for long space Of time, {,
wit 70 the space Of Eve hours and more then mex
following to the grcnt terror and disturbanc, no
only of the good citizens of the United States Il
said county, there and Whereabouts inhabiting an,
being, but Of al other good citizens Of the Unite
States In said county, passing and requesting In an
along the public streets and common highway
there, In coptempt Of the laws and against ib
peace and government Of the United States"
This is the charge--tbat these persons me
together for the purpose Of disturbing the peace
and that they actually consummated that Intention
There is no other count In the Indictment Thi
is its only charge. Il involves all the person
named In II Ia the same act, and charges then
with the same offence There 10 but one act an
one offence, and under this accusation, these par
ties can be convicted but Of one act and one Of
fen6e and that act and that offence must be on
n (which all who can be found guilty, must b.
proved 70 have participated. The indictmcn
might have been framed In another way. II nigh
have teen fsmed 20 ~ TO set out specifically, th'
Get complained Of and the means by which IL wal
charged 4, have been executed. ftbe act com
planned a. was the disturbance Of the voters q
the polls. Il W. competent for the prosecution e
have alleged thaf ret in the Indictment If the
act complained a vDs The obstruction interposet
70 the orders Of re Mayor to have the polls re
opened, Il was compefent % have alleged that Il
the indictment IL fhe set complained Of va
the getting Of The sWtvd from NE Navy Yafd
and ne ne made Of Il afterw.rda Il was cctnps
tent 70 have charged that N the Indictment; an
humbly submit that, N ~ hfrse&s, before thes
fsnce, this specification ought TO ksvs ben made
Hvariow ects are sIleeed 70 be comnittsd b
shese parties snountinf 70 riots on thst day,
NJ competent ~ the prosecution TO have frnfne
tbs indictment with several counts. covering eac