Year: 1867

/
SAINT, but he warmed up toward the close,
as speakers generally do. He heard the
speaker caution the crowd against violence
while Underwood was here. Hayward
showed no malignity in his remarks to-
wards the southern people. Witness was
a Virginian, and was doing all he could to
benefit his race here. He was in favor OF
peace so much so that he had been called
a Copperhead.


Martin Lipscomb testified that he was
a bricklayer, and had been going to meet
ings for twenty five years, and was not in
favor of arraying the white and black
people against each other. He did not
think that the speech was inflammatory,
and did not attach any Importance to the
words "high carnival" Witness was a
Virginian, and his grandmother was Pat
rick Henry's niece. He did not serve the
Confederacy during the war he only got
a job from the Government to keep out OF
the army.


John A. Fitchett was at the meeting, and
heard the speech, but didn't think it was
calculated to excite violence. Didn't
know what carnival meant. Knew that
the colored people were in the minority
in the State of Virginia, and didn't think
that any friend of the colored people would
urge them TO use violence.


Colonel Marsh testified that he was pre-
sent when Hayward made the speech.
Didn't think much of it until the next
morning when he read the Dispatch. He
thought over the speech, and found that it
was reported correctly. He thought that
when the word carnival was used that it
created an unpleasant sensation. He was
sorry that the remarks had been made, as
they might be misconstrued. He thought
that the remarks tended to keep quiet at
present, as Underwood and their friends
would be placed in danger of their lives.
Didn't inkIcarnival meant bloodshed, but
it was intended to mean a grand process
sion. He thought the speech was an un-
fortunate one. He thought the remarks
about the young men of the Old Bay State
which was made might as well have been
dispensed with.


B. Wardwell testified that he was some
what astonished at the expression that the
negro was better than the white man, and
listened attentively to his explanation of
the assertion. He felt at first insulted !;
but when he found out that he meant the
remark in religious sense, he was salts
fed. He thought that Hayward's remarks
were intended to allay excitement and
prevent violence, and he approved and JUS
tilted them.


J. W. Hunnicutt, Sr., testified that he
met Mr.. Hayward and stranger, and invi-
ted him to the meeting at the African
church on Tuesday night. Heard his re-
marks about the negro being better than q
white man, thought them exceptionable,
and reprobated them until Mr.. Hayward
explained it. He saw Hayward endeavor
to quiet some colored persons at his office
on Thursday evening. He was at the
meeting on Friday night. He did not
think that there was anything in the speech
to incite riot. He would have reprehended
anything of the kind. He took the words
"high carnival" to mean general jollifi-
cation. Witness edited paper in Rich
mond, end intended to stay here until he
was kicked ont. In regard to confsca-
ton, Hayward had said that the negroes
would feel better if they had land for
which they had paid for. Witness thought
that an insurrection could not be gotten
up among the colored people if they were
| let alone. Witness said great deal more,
more of the character Of politics than of
evidence.


James Morrissey heard the speech. Did
not know how the words "high carnival !"
might be construed. Persons who knew
the meaning of the word would not take
it as inhammatory. The witness who had
Just preceded him, aud the witness HIM
| self, did not deny the accuracy of the
Dispatch, save in this, that the words " if
you pay your money" were omitted III
the sentence concerning the street cars.


Mr.. Mayo said to Mr.. Sands, in answer
to what law he was examining the case
under, that he thought that it was an of
fence at the common law to get up in
public meeting and give utterance to
opinions that were calculated to create
any disturbance. He would allow the
counsel to argue the case at their own
time.


The counsel for the defence then COM
menced the argument for their client.


Mr.. J. H. Sands introduced the argu-
ment, and was followed by Mr.. A. IL.
Sands who addressed the court at some
length and with much eloquence. lie ar
gued against the existence of any evil in
tentions on the part Of his client in making
the speech; and in the face of the report
of the speech, which had been sworn
correct by all the witnesses introduced,
made some shrewd points in his favor. lie
introduced appropriate remarks concern
ing the present state of affairs, which,
if taken in the proper spirit, should have
had salutary effect upon his colored
hearers. He paid very handsome COM
pliment to Messrs. Wade and Cowardln,
the witnesses for the prosecution, for the
fairness of their testimony.


At the close Of the argument for the
defence, Mr.. Mayo stated that it was too
late in the day for him to say what he had
to say so he would close the case until to-
day at o'clock.


SERENADE TO MRS. GENERAL BURTON
A large number Of young men of the city
copplimented Mrs. General Burton with a
serenade at the Spotswood Hotel last night
at about II o'clock. Smiths band was in
attendance, and performed several delight
ful airs.


In reply to the serenade, General Bur.
ton made the following remarks:


Gentlemen,-I am only an officer Of the