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

do not mean 10 say, that all or any OF the United
States witnesses have sworn a'sely, but do say
they are 30 deeply interested in the issues thus pre-
scented, as 70 affect their credbilty. Mayor Magru-
| der, Captain Goddard Justice Denn, ca tain Tyler
Messrs Birkhead, Owens, Frere, Ridgway, Kearney
1.-THE smoky witness) Pyles, and even Mr. Carlisle,
al are connected officially with the corporation, or
with the Marines Itcannot have escaped your com
sderaon, that the verdict you render, will indirect
ly affect all those witnesses more less and that
therefore, their interest their anxiety, touching
your decision IS aproper question for consider
| in weighing the evidence. lass.
You have 10 decide, whether any, or all these wit
nesses have told the truth; whether their testimony
was biased whether they testified frankly, and with
out prejudice; whether Mayor Magruder is eutltled
TO belief, throughout this whole trial, and, n so,
whether all this side, who contradict him, are 70
be disbelieyedg Isy, the witnesses for the prose
cution interested because your verdict OF not
gniHy" as to these defendants would imply, to some
extent, censure of the police authorities OF the city
Ii is true, the city police have done their duty,
and the defendants yet be innocent but in the pub
lie mind, as impressed, the conduct and charac-
ter of these officers deeply involved in the re-
suit Of This trial This affects the question Of their
cred bility. 81 tbf
Nov, gentlemen, having presented this general view
of the interest of all the United States witnesses
the result of this trial affecting their bilty,
shall examine them one by one, to show their errors
and contradictions and, as always take the bull
by the horns" | win examine w. B. Magruder, the
Mayor, first intend to show you that his testimony
is not TO be believed. do not mean to say he has
committed wilful and corrupt perjury but say he
has testified under bas-he has testified very un-
guardedly -thoughtlessy, if you please--or, ifyou
will have it SO, corrupy. If not show you that
he has sworn TO some statements that are not true,
will leave this court house and never enter Il again
as an advocate. ,strsi n "a y VIII
The first thing to which shall advert in his testi-
mony is, that he said " the polls were closed and
there was no voting when he reached there in the
morning" He did not get out. Of his carriage on
that visit he may have been informed that the yot-
ing was not going on. do not know nor care how
that is: he did net however, assume to make his
statement on Information, or to give his opinion,
but to state fact as witness He says the polls
were closed when he went there say it is clearly
proved they were not closedl Mr.. Larner says they
were not-Mr VIM. Lord says they were not, MIR.
Lowery says they were not-Mr. Bowen says they
were not closed when Mayor Magruder went there;
and Mr.. Alexander testifies to the same fact, and
gives you q reason for his statement which con-
firms all this testimony beyond the possibility Of
contradiction
Mr.. Alexander was the sixth man who voted after
the polls were reopened in tue forenoon, and he tells
you that he out directly after he had voted and
that Mayor Magruder was there He thought at first
he the third or fourth man who voted after the
reopenng of the polls but he the sirth man. and
this fact is indsputaby establs shed by the pollbook,
and thus it is demonstrated that when Mayor Ma
gruder at the polls they were open and the leo
pie were voting 1t is not true then as the Mayor
testified and he stated in his letter to the Presi
deut, that the polls were then closed A half dozen
witnesses all privy to the fact, swear, that they
were open. There Is mistake on this point. Now,
whether or not DR.. Magruder knowingly tells an un-
truth on this point is question for the jury.
He says they were shut; the other witnesses say
they were open; and there is some little difference
between the polls being open or being shutI Here
let me read to you Mayor Magrlders letter to the
President 1.-THE United States.
mayors Office, Washington, June l, 1857.
!" To the President of The United States:
r{nf al
a band of lawless persons most Of them not resi-
dents Of this cty, have attacked the polls at
which the annual election is now in progress, and
have wounded some twenty good and peaceable
polls have dispersed the Commissioners Of Election,
and threaten further violence on any attempt to
carry on the election, respectfully request you to
order out company of the ted States Marines
now in this city to maintain the peace thereof-the
civil author ties finding themselves unable to do SO
with the means at their disposition, and there being
no other United States soldiers at command in this
city, have instituted personal enquiry into these
matters, and find that the weapons used were
various kinds Of firearms clubs, knives and stones,
and that the facts stated in the enclosed certificate
are just and true.
with great respect, your obedient servant,
"WM. b. MAGRUDER."
Now, entlemen, the Mayor asked for this military
aid because Che says) the civil authprit are found.
TO be unable TO preserve the peacei He speaks in
the present tense. He wrote this declaration or
statement half an hour hour after be had
visited the polls. He says twenty good and peace
able citizens were wounded; that the remainder
were driven from +hc polls; that the Commissioners
were dispersed and that the rioters had threatened
further violence any attempt being made TO carry
on the electon Gentlemen, it must have been as
late as halfpast ten perhaps eleven o'clock, when
he made these statements 70 the President. We're
they at that time tsueg If he had intended to tell
the truth, he should have said that certain persons
had driven the Commissioners and the people from
tha bsff Ind llrel allxU
quiet; but instead Of this, he stated what was not
then true.