Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-01-09
FoURTEEN NTH DAY.
WEDNESDAY,, August IL, 1857.
SPEECH OF
SPEECH OF
70 B E R 7 E. SCOTT, ESQ.
IN THE DEFENCE

Mr.. SCOTT. My associates tell me that the
number of votes exceeds the number of minutes
in that duration of time, and among them, the gen
tleman comedies, are to be found many nalaes
peculiar to other lands indicating that the voters
were from foreign parts, and yet my learned
friend, with that poll book in his hand, preg-
nant with this truth, gets up and argues to this
jury that the poll book shows that that rioting
tinued from morning till noon, and that, during
the whole day, the Plug Ugies had possession
of the polls. beg my friend to remember that
he is conducting criminal prosecution, where
justice and fair play, if not liberality, are ex-
expected He says, that he comes to his con-
cusion because he understood it was proved that
more than hundred Irishmen were driven from
the polls in the morning, and he does not see
hundred Irish voles on that poll afterwards Now,
III ~ test the geutlemans logic. The Irish were
frightened and driven away; the poll book shows
that only part of them returned; part Kept
away, and therefore, yes, therefore, The gentleman
argues because this party kept away the riot con-
tirued. Now, sir, l think this is most extraor-
binary course Of reasoning. 1t might be that the
riot o minated, and that those parties acting W
their apprehension did not to choose return They
were afraid, and did not choose to expose themselves
to tie chance OF danger afterwards. Order Was re-
stored, the peace was kept quiet prevailed, and
they could have voted in security, if they had de-
sired TO do So but their fears kept III m away,
and for that reason, their names do not appear on
the poll book. Is it evidence OF a continuation OF
this riot that their names are not there? | say,
surely my friend on the other side must have for
gotten that he is prosecuting these parties crmi-
nay, or he would not have INDUCED in al argu-
ment go strange this, and so false in its conclu
sions. He said Mr.. Dom proved that there were
dis urbances f ON time to time during that day.
Suppose there were-sporadic cases-but does it
prove that there epidemic. Concede that
there was an ARRAY in the morning does every
disturbance during the day make the continuation
of riot? 1t strikes me a little absurd. But
he says-justice-poli Dom said he saw many
cases of Irishmen driven away. Now, Mr.. Dom
was not the only person at the polls. He was not
the only one who had eyes to sec, and ears to ear.
The commissioners were there, and we examined
them. Other persons were there, and We have
examined many of them, and save the single case
of one Irishman who attempted to vote on false
papers, during the entire period which elapsed from
the morning ARRAY until the appearance of the
Marines, there was not, about that precinct, one
case of disturbance OF the polls. We disprovc the
testimony of Dom, by bystanders We disprove
it by the testimony of the commissioners, and
much as the United States may choose to denou zee
and condemn them for their act in closing the
polls, about which / shall presently have to say
something he has not undertaken to assail their
character for truth and veracity. Two of them
were of the American party; the other was an
Engfshman, and | believe it is not usual for the
commissioners to belong to the same party. OF
that the jury are able tojudge But whether they
be Englishmen or Americans, native or democrat
we have the concurrent testimony of the three
commissioners TO contradict Doun. 1t is not true
that those disturbances continued all day. II they
did continue in the manner described by Dom,
they do not constitute a continuous riotng.
must confess was not prepossessed with the man.
ner of that witness in giving his testimony He
looked to me as il he once belonged to the Know.
Nothings. His was the zeal and acting Of a new
recruit Take his conduct as detailed by himself
One renegade is worse than ten Turks There was
no connection, gentlemen of the jury, between
those two cases. / have the authority, and it is
pretty strong authority, Of the court on which will
comment whom / come to his Honor's decision on
the instructions But II there were a connection,
can We be convicted Of a riot and that brings up
the more immediate subject of the bloody tragedy
on the LIST Of June. II becomes my duty as coun-
sci for The accused to examine into the origin Of
that disturbance, as attempted 10 examine into
the morning ARRAY, trace il from its oripn, and
point out the parties that are responsible for
II. This mean to do without fear, or any ex2ec-
tation of favor.
Between nine and ten o'clock of the morning
Of the first Of June, this ARRAY occurred at the
first precinct OF the Fourth Ward, in the manner
that | have explained. Information Of Il was
carried to the Mayor of your city. After some
delay, the Mayor, in an open barouche, accompa.
MED by Mills, the captain of the Auxiliary Guard,
and by Goddard, the witness who has already
figured in the case, drives to the scene of the
disturbance. He does not descend from the
barouche, nor does Goddard. According 20 his
own account he spoke to Mr.. Wheeler, the father
Of the Tax Collector. He spoke to no one else
he commands no peace; he cautions no disturber
of the peace; he sets up no authority; but sits
quietly and peaceably in his barouche, where he
Is left undisturbed with his associates The Com
missioners made no complaint TO him; he made
no enquiry Of them; but he puts out the Captain
of the Auxiliary Guard and in company with
Goddard drives of TO the Navy Department The
Captain of the Auxiliary Guard, / say, was left
upon the ground, but we do not hear that he was
called upon TO quell any riot, that any disturb.
snce occurred. No, and they have not dared to
put that man on the stand. If there was a riot or
a disturbance there, Captain Mills must have seen
Il. He was city officer, brought there by the
Mayor, left there by the Mayor, obliged to see q
disturbance, IL disturbance there was, and this
prosecution has not ventured to call him to the
stand. Now, gentlemen, what was the condition
OF things about these polls at the time OF the
Mayors advent. Was there riotiDg there?
Pe"SS
Were there dsturbers of the peace theref II
there were, he ought to have had them arrested
or TO make the attempt, at any rste-certainly u
have given caution and to have commanded
peace; but he did none Of these things, and for
the best Of all reasons as the proof shows there
was no disturbance Of the peace. He says that
the voting had not been resumed. Now, I do not
mean to charge that your Mayor swore falsely
but do mean 70 say, IL we are TO respect human
testimony upon contested matter Of fact, Il IL
proved In this case that whilst the Mayor was
sitting in his barouche, the polls were open and
the voting going on. The name of the witness 70
that fact Is legion, and il human testimony can
establish disputed fact, the testimony in thi'
case does stow, that at the tim he Mayors
visit to that place the polls were cPen the voting
going on, and there was no riot and no disturbance
Of the peace. There has not been one witness
though drag net has been cast over this city, who
has been found to testify, that whilst the Mayo