Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-03-13


| TO fire into Allstons corner, ho and all those who
| fired are responsible for the murder. II he gave
! no such order, those who did FIRE are responsible
| II they fred upon the mistaken idea that the
| wounded Marine Was sh in their rank, the mis-
| take is no Plea or excuse; II is murde5 unadui.
| tcrated murder They cannot plead their mistake
in regard 90 the blood on the Marines face. Ii they
had right TO re at the parties that shot pistol
they cannot plead that as an excuse for the murder
of Alston and Others who stood on that corner For
.ltthe men or all the men, who FIRE deadly weapons
ut random, and indissnminately into crowd,
though they may have no special malice against
/ A, Il, or q the law draws malice from the enormiy
OF the at, and stamps the homicide as guilty Of
murder. Take II, therefore, IN whatever light you
choose TO view il, murder was committed upon the
peaceful citizens at Ailstons corner, and The per
petrators OF that murder have not been brought 10
Justice nor has any attempt been made TO bring
them tojustee Nay, here in the witness box, inths
very coart, during this trial. witness has tcsti-
fed TO What would convict him of the fact, ohe
oflhe Haripes--K earney--brough thcte forai other
| purpose let OUT the fact that he was one OF The
.fing party. lie said he heard the word ire;
where il came from who il came from, he did not
know, but he heard the word fire. and when
Others were shooting at AlStons corner he leyelled
there too. He said lie did rot shoot al any patton.
lar persols--he was enveloped in SMOKE he was
excited by the firing, aud he popped away into the
crowd lie said he had before that been struck
on the head by a stone, and my friend srgued that
it corro5orated Bhkllead's testimony, but how lie
| could, do not know, as be was in the rear RAJ k.
Ny fiiend did not show where 1t came from, and
think il soutOf place ina RI osecuting Attorney TO
seize upon fact so utterly inconclu-ive and seek 10
| sway the minds ofthe jury 10 such conclusion.
! Now whether he fired with or without OF ders, do
| not know how it will be held in the City Of WASH
4 iugton, know howit hasbeen held in another coun-
4 toy where the l,wsaro admirably "Reminiscences, forl
believe in no country under the sun, are the lights
Ut persons and the Of properly more sacredy
respected more carefully guarded, and held more
secure Than in the Kingdom OF Great Britain.
4 wish could say the same for this country. Re
! pnblc!n as We are, Democratic as we are, wish
j could say that our laws ms equally, as NTH
I fully, as nrartally administered US they are N the
country from which we derived them. i lind u
pertinent case in the work from which h,vc al
| ready quoted Russell, 6l3-to which will call
| Your intention. It's the ease Of a sentinel on ali
English armed ship, who shot 4 man who was APP
p'chching his ship. It's in these words.
| I"If ships sentinel shoot man because he
persists IN approaching the ship when he has been
| ordered not 10 do so, it will be murder, unless
| such an act was necessary for the slips safety.
| And it will be murder, though the sentinel had
orders to prevent the approach OF any boats, had
ammunition given to him when he was put upon
| guard and acted under the mistaken impression
/ that it was his duty. The prisoner was sentinel
on board the 4chilie when she was paying off
| The orders to him from the preceding sentinel
| were, to keep or all boats, unless they had
officers with uniforms in them, or unless the
| officers on deck allowed them to approach; and
! lie received mls ket three blank cartridges and
| three balls. The boats pressed, upon which he
called repeatedly to them TO keep off; but one Of
Them persisted, AID came. close under tie ship;
and he then fired a. man who was in the boat,
and killed him. IL was put 70 the jury 10 find
! whether the sentinel did not FIRE under the mis-
taken impression that it was his duty; and they
! found that lie did. But, b case being reserved,
the judges were unanimous that il was nevertheless
murder. They thought it, however, a proper
case for a pardon; and further they wee Of
opinion that ii the act had been necessary for the
preservation of the ship, as If the deceased had
been stirring up mutiny, the sentinel would have
| be II Justified" ~,
Ii will be observed that the crowd on Seventh
street net er received a word ci 9rnug. Ii they
did, from whom did it come? 18th or without
warning, they were shot vii lily while in
| England ships sentinel VII s loaded gun put
! into bis hands, with orders to kerp off any one
that might approach bis ship, alter giving the
warning, shot n man; ard what was the conse.
quencey The sentinel supposed he was acting in
accordance with his dnty but that was not allowed
| to pass unnolced; that poor boatmau was lot pl
lowed to 90 to his grave without enquiry nto that
act In Great Britain under the laws that pre-
vail, and under the administration of those laws.
the homicide If that poor boatman was enquired
into judcially by the proper authority; IL as
ceftained who shothim, under what circumstances;
| and the perpetrator was brought 10 trial A jury,
under the guidance Of learned Judge, upon
his trial. and the law was expOunded TO that jury.
so as TO cause them TO find him guilty of murder.
IL was a hard case upon poor sentinel The law
made il murder; and as IN that country the law r
administered the law condemned him; but the
merciful prerogative OF the crown was put IN requ
sition, and he was pardoned SO that, say, If you
sat here TO Try The man who testified there, and
had nothing but his confession before ycu, you
would convict him Of the unlawful shooting, and
doubt II British Judge would not have put Lin
into custody under his bench warrant before he
left the presence OF the court BE that as il may,
Americans were slaughtered, MANNED wounded,
and left weltering In their blood, upon the pave
meats of the streets, and the c authorities, the
criminals, the spectators Of the Eight turned ON
the bloody scene, and proceeded 10 and RECALLED
themselves in public Office and left those poor
men to be put iuto their bloody graves without an
inquiry TO the canse and manner of their death
and We stand here investigating these Gil cunistan-
ces in a crse ofnisdemcanorl
is i thst this prosecution has been instieated
WI VIC Pu POoS " ntlttHAbe bISdbtI SIhnlNhfl IL
il 90 relieve the public mind, t. co.idu:t q pub.
lie inquiry into this channel, that The public mind
may not require public inquiry into the crninal
homicide OF the first Of Jdneg Who were those
that figured in this prosecution? Men v DO come
into the court With their hands dripping wph the
blood o. those murdered persons, with Their gar.
ments stained With thtir gore They ere the MI,
who figured mostlageiy in de prosecution Look
at their eydcI &c when they come TO you in such
apparel; scan their TESTIMONY seek into their
motive. All these things aud more ought TO be
done, when you come 10 determine the credit that
is due 10 the testimony. If you find them STRATA.
ing facts, dsiortng what they have seen, swear.
ing to what Is Inconsistent with what Others have
sworn to; II you find thst in the co irse Of this
proceeding tn y have sworn 10 What is confc-sedly
false, and piactis.d imposition upon coiding
Executive. YOU will think th they are the rtspon-
sibIc authors Of the bloody work You will see a
motive to actuaIe them in giving shape ~ d color,
aud cirect'oD to the testimony You will see thu,
i !. % their interest 10 get up this proscr uton,
to lead tR The puthc nad, 10 hood@ink Tie pub.
lie Judgment that in the conviction OF ih,se az.
ties OF Of sonc OF those who are arraigned he G,
they may cscape the consequence and the pei a.
tics Of the crime Of which they must ic | con
sc1us 4as
Gentlemen Of the Jnry, have o, cupicd, I am
aware, great deal too much OF the time o. tlp
Court md really rgr that ] have made SO poor