Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-01-23

army IN Mexico ff @At
In New York, they are quarrelng as to who wa,
the bfayest officer and who shall possess this testi
monial OF vaor. The magnanimty Of Major Tyler
therefore, in surrendering this trophy" 10 thl
Mayor of Washington deserves eternal commenda
ton. There may have been particular reason
however uky Major Tyler passed II over to Mayor
Magruder; for the commanding officer, believe, il
entitled 10 the glory Of q victory though achieved By
suboriinates. There may have been another reason
IL being the only time in bis life that he Mayor Ma
gruier) had won an honor, Major Tyler may have
thought i proper and magnaoimous to let him have
the trophy on this occasion 4.,.E
Well, what does Major Tyler say, as witness
Major Tyleris man ofintegrity- be is brave man
wi III partizanshp- but he has right to be so, VIZ
are all more or less so. l confess am partizan
do not believe Major Tyler would tell an untruth
he may err.
company fired because one Of his men was shot in the
chcek-he says, that he Tyler ran down the line
to ascertain WHY Maddox's company fireds My col.
leag described that scene and as do not wish u
pass over the same ground find some difficulty in
selecting the points TO discuss. However Major
Tyler says, that Maddox fired, because Of his
men was wounded in the cheek" Now, unfortu-
nately FIR his accuracy OF observation, IT was moi
one of Maddox's men, but one of ms 0ion- for the
wound d mau was brought here as witness, and
he WIS wounded in the charging purity near The
syiyeL!
This, II may be said does not amount to much
but, gentlemen, think il amounts to a z eat deal
ii amounts To q mistdke-and when witness COM
nits such mistake you are bound to admit that he
may have committed errors on other points-not
errors Of Intention but errors of fact The wounded
man says he was not ia Maddox's company, but in
Tyler's.
DISTRICT ATTORNEY. But he said, that after
being wounded, he retired to the rear
Mr. Il LIS. Certainly; but it shows that Major
lyle was mistdk n that he, being mortal man is
fallible; honorable and high minded he that like
the rest of us he is but flesh and blvod
He was mistaken as TO the fact; it was not one Of
Maddox's men, but one of his owa men that was
wounded, and hence, the reason schy MADDOX tired,
ceases TO exist-t was an error.
But again he says that he was threatened by q
committee from the alleged rioters, that he (Tyler)
would be fired upon by the swivel, if he did not take
away the Marines Now, / can very easily under
stand how that error was committed. Major Tyler
was under some excitement when that man went to
him. IN said Substantially !" come from peace ble
people and recommend that you take away the
Marines, or they will be fred upon"
The man did not 60 W tn any hostile intention, or
with any threatening. purpose, but simply to state
that be believed The Marines would be fred upon if
they did not retire. So said the man who went to
Major Tyler, and it is therefore plain that Major
Tyler must have mistaken his purpose.
Such is the general character of the testimony the
part Of the prosecution, and such the general oh rae
ter OF Inc eI lence on the part VI Tie uflcnccj u
dozen interested wi nesses one side, ard nearly
thr times that number of distersted witnesses on
the other!
Now, gentlemen, | shall make few enquiries on
argument as briefly as possible. without going over
the ground which has been 10 fully occupied by my
colleagues who have preceded me. t6
ask you, gentlemen, here, whether you have not
unders God from The tenor of the ties imony adduced
BY tie United States, and from what you have seen
and fa0 IN cprfa
new papers that of the main points of assault
pom the defendants and their friends, Is, that the
lhe election at the Fl stprecnct of the Fourth Ward,
was violently int rrupted, and continued to be inter
rupted from the to the other of the main afrays
of that day?
Have you not been told, and have you not read the
statements, that by reason of those continued in
tsrrupiious las thus alleged) the voters were de-
priyed Of the opportunity 10 vote? Has il not been
charged, among the other allegations against these
defendants and others, that they interrupted the
polls during tie Whole day, at that precincts That
charge has been made, and reiterated in every form.
And it may seem rather strange to you noto to be
told what is nevertheless true that from the first TO
the second actual interruption, to wit from about
10 A. NJ. to 1 p. Mt soiH be proged byMs pDtt
bookthere were more votes cast per hour or minute
whilst the pretended Interruptions are alleged to
have continued than were cast during the morning,
from the opening Of the polls to the FIRST disturb
ance) when it is admitted by the witnesses for the
prosecution that perfect quiet and or prepditedl
fix the time according to the proofs, from ten to
one or space Of three hours, and will demonstrate
to you that during these three hours there more
votes taken in proportion to the time, than taken
during the first two hours and quarter, from
to quar- err past % when there wassno interruption
at all and when Mr.. Justice Dom tells you !" the
voting was going as usual and when he "con-
graduated his friends that the voting being
Quoted so very peacsably and quienyp Now, gen.
tlemen, during these first two h-urs and quarter
one hur dred and thirty-six votes were poed.
You remember he testimony was, that Mr.. Emery's
vote was the Ia vote In the morning before the
first interruption His vote was the one hundred and
ihirty-sxth vote that cast, sworn to, and
rs the poll-book shows. There may be an error o
one OF two votes resulting from the Of one
or two names as shown and explained by one Of the
Commissioners. Well, then, one hundred and thirty
six votes were polled in hundred and thrty-ive
minutes or say one vote { each minute Of the two
and quarter hours. That was during the quiet
and uninterrupted voting from about seven O'Clock
to quarter past nine-one vots for epery minute,
phen there no infoTvptionI
Then came the first nffrny. The polls were then
closed temporarily, and reopened at about ten
o'clock open three hours, and closed again al
about one O'Clock on the arrival Of the Marines.
Goddards vote was the last vote taken before the
last interruption, and his was the three hundred and
seventy-ninth vote polled. Deduct one hundred and
thrty-six votes cast before the first afrsy from The
three hundred and seventy nine and IL appears that
two hundred and fortv-ihree votes poed beweea
The co actual Gfrdys, during space OF three hours
when we have been told by the prosecution and by
the o6cal reports published in the newspapers that
ne voting pds continually inferruptedIf
Now, gentlemen, let us ascertain at what rate per
hour those two hundred and frty-tbree votes were
polled during these turbulent timesi
In three hours there are ten thousand and eight
hundred seconds, and IL we divide that number, BY
the number Of votes polled (two hundred and forty.
ihree,) we find that one vote was polled for every
forty-four seconds Here then stands out in bold
relief the undeniable and remarkable fact that not
withstandng these alleged interruptions--wben men
were being dragged from the pols-when " toma-
hawk" were set mp TO frigbien away the voters
when all was confusion and uproar-(as the prose.
cution alleges)--there one vote cast for every
forty-four seconds, whlst in the "pesceable and
quiet morning. bat pots soas cast for every sirt5
secondsl
Is not this remarkable demonstration Gan anS
stronger proof BE- giyen you gentlemen, that al Ties,
allegations az D. The CONTINUED Interruptions az,
utterly unfrusf Yet, what said the Mayor 10 the
Presidenti That the voting was stopped the voter,
and Commiss oners driven away,-snd threats Of
violence uttered IL any attempt should be made "a
resume vofing,--and yet, during all this time, the
pc pie were voting at the rate Of vote for every
forty.four seconds.
II is nm obvious fact, that all the United States wit
nesscs are interested though not directly So In the
result Of this trial The District Attorney looks IN
quiringly, as il 20 ask I" HoroF' do not mean that
they are directly involved 10 your verdict but tsey
dread the effect Of your verdict on the bic mind