New-York daily tribune., 1858-03-05

from the cstaconps OF oid DeWePoYse 80 r -
before the wsrd to show that be vas not a~sys 10
sonnd On the soose az be would now b thought.
Indeed A horrible rumor has been IN circuisnou
that he Was for no brief while the Washington cor
| respondent OF The Emancipaior when that paper
Was the organ Of the American hnt'.o'~seIy
Society But then, if true, that w~ t%eh,y ye'r
since, and he can excuse himself - Lazy Aay
| Wortley says the married women asd 70 90 ~ lno
GOOD old day. of George l., because oi tDe disre-
pute into which the estate OF matrimony had aen,
"thst II was a greet while ago. and they were very
Young when they did it," l will engage thst nc
n,i-Slayery Society will give him clean OH "
health as far AZ any faint of that kind IL concerned,
which Will enable him 10 enter any Southern port
without quarantine, on Application at the bureau
| the Secretary Ii wns, 1t worst only AIn4 OF
political measles or rchichen.pOx-dseases TO which
public men are subject in their peltica! infancy,
but which seldom recur in after life. Bat, We take
it, the apprehension was groundless one, and that
no further fracture of the precious jewel ~ wears
in bic head need be feared. Bless me, what would
that worthy old granny The Bosto" C0u'Hr 10
whom he stands in the relation OF Ike TO MIS- Par-
ngton have done after such iali from grace
The poor old thing would have died oi II, 10 dead
certainty.
see that your Own Correspondent hopes that /
will give you an account Of the ease of Ella against
Mayor Smith, Gen. Edmsnds, Capt. Evans and
Marshal Freeman, for damages received on the
Glorious Second of June-as if il were any more
my business than his. STILL as have shown my.
self from the very first the stesdfast friend OF these
injured detendants-a friend that sticketh closer
than brother resolved that they shall have justice
for their well deseryings-I am content 10 record
this their last success You will remember that the
incidental engagement of Capt. Eyans's command
with Ella occurred during the campaign of the Sim.
Brigade against Burns which was crowned by
glorious victory over that traitor and his uncon-
ditiona surrender Indeed, the one success stood
to the other in the relation of the Battle ot Saratoga
10 that Of Yorktown. Evans and his band were
drawn up in battle array on that great morning,
when the enemy was seen approaching with bottle
in his hand There are two conflicting opinions as
10 the emotions excited BY this deadly weapon One
ia that the defenders of the Constitution thought it
contained rrio and tie other that they opined that
it held brandy The latter gloss is fortified by the
fact that instead of turning tail and dispensing 10
all directions these brave men rallied to the charge
and attacked the enemy in the most heroic manner.
The conflict was severe but short. The enemy was
cut down and left on the field for dead, and his
bottle according TO the authentic doctrine OF Mr.
Marcy. belonged 10 the yict0rs as lawful spoil.
What must have been the CONSERVATION OF these
gallant fellows infndng that it was full OF Ink
After the enemy had fallen, he was taken into
custody by some of Mayor Smiths police, and cast
into outer darkness appropriate to such transsress
ors. and there kept for know not how many hour'
| When he could be kept no longer, he was turned
| loose. and found his way home TO Roxbury crippled
in body and mind for life, and incapable OF support
ING himself and his mother, be had been used to do
Under these circumstances, this misguided youth
brought this suit against those savlors OF his country
1t frat came to trial at Dedham, three years ago.
| before Judge Pliny Merrck, a National Democrat
Of the most unterrihed description. MI Charles
NJ Ellis notorious for his persistent efforts, in con-
| junction with Mr.. X. II. Dana, to deprive Colonel
Suttle Of portion of his property, was appropr-
| aely enough the counsel of the plaintiff, while the
Cause of the Union Of these States, of the Const
tuition of Law and Order, was confded to the trusty
| hands of Mr.. Benjamin +. Haett Mr.. Choate and
| Mr. G. S. Iilard. After the case had beenopened,
| and the evidence partly heard, Judge Merrlck
stopped the trial, on the ground that ne was not
willing, or able Zone or the other), to settle the law
without consulting his brethren of the Bench. The
Plaintiffs counsel of course, wished to 60 on and
| TO get a verdict on the facts, leaving the
| law TO be settled aterward in the usual way. But
the Judge utterly refused, aud the case went over.
Though of course, Judge Merrlck was moved in his
disposition OF the matter merely by his sense OF his
| own iucompetency- of which he was undoubtedly,
| a competent iudge-stll, there incidental adj
yantsges and possibilities connected with 1t highly
gratifying TO every lover Of his country For ex-
ample, the trial was thereby postponed for one year
| at least, and as il turned out it was postponed
for three. Elias expectation of life was certainly not
Mt that time one year. much less three. lad he
died il would have saved q world Of trouble. mas
| much-as though | suppose the action would have
| survived il would hardly have ever come TO trial.
As it was, his master, most important witness did
diethough the plaintiff himself had the want OF del
| icacy TO still hye-and several other witnesses were
sent out of the way and the case generally damaged
BY the delay. Still it came at last, and after
trial of several days, Judge Merrck again presiding,
the sacred Cause OF Order triumphed and verdict
| was given for the defendants.
But the qualification which this result must give
to every patriotic breast, is not the only advantage
arising from this trial. We now know authentl-
cally the law of riot the duties of magistrates and
| the relations of the United States authorities to
| the State militia. The statute concerning riots,
| il seems, is perfectly full and explicit 10 the
method of proceeding provided the riot be in pro-
| gress. The Mayor Of a city may call out the
militia but before using it, he must associate with
| himself another magistrate, make proclamation to
the rioters TO dsperse aud give directions himself TO
| the officer in command when he is to fire upon
| them. The militia, also, are directed TO come on
| the ground armed aud equipped, as for Inspection
| and are thus forbidden to come with loaded mus
| ket- under heavy penalties. This law, however,
did not apply 10 this case for there was no pretense
that there was any actual riot, and the whole pro-
| ceedngs would have been clearly illegal and the
parties responsible had this been all their authority
Fortunately there ls another law authorizing the
calling out of the troops i'll of anticipated
riot. In such case, the Court held that the Mayor
might give hs directions to the officer in the safe
| .ecusion of his office, without endangerng the
sanctity of his person, and that the troops might
| come on the ground with guns loaded to
| the muzzle, if necessary. That is to say if a
mob actually has possession of the city,
and is burning, staying and destroying, the Mayor,
| after calling out the militia, must associate with
himself another magistrate, read the Riot act or do
something equivalent, the troops must come to the
ground with unloaded muskets, and may not draw a