Evening Star Newspaper, August 11, 1857, Page 3

of W.D. Alken, and asked to bediseharged; dis- | Criminat Count—The Election Riots.—Mr. Key, in addressing the jury yesterday, said that after hearing in evidence the statements.of some fifty-seven witnessés, the’ case was now about to be submitted to them; and he proceeded to give what he believed to be a plain statement of all the facts in evidence against the parties indicted; he said that their examination was limited to two points: First, was there a riot? He should not, he claimed, be obi to with all ev. showing the facts; be then went on to of a crowd of violent persons comi d assembling toget! ‘om the polls, beat! the peepee ogre to ese the the scene cock te Fre out the United Mates. matin Ene hi offi. n ni es marines is own offi- had been beaten and driven off from the ground; he asked the jury to render a verdict of illiam Garner, Chas. hael Hoover, as there inion, sufficient evidence icated in the riots; but itulate the evidence which had been against them, showing that only implicated, but acti disgraceful occurrences of t regard to the two Stewaris he called the attention of the jxry to the facts which had been elicited from the witnesses to show that thi ‘were among the leaders the polls in the morni: seen actively engaged al casion of its bein; the other one had LOCAL INTELLIGENCE, pln — Aa BS cet So il Covncit Procggpines.—Board ef Aldermen: The Board met yesterday at the usual hour, the President, Wm. F . Bayly, in the chatr. A communication was read from the Mayor an- nouncing his having signed a resolution offering a reward for the arrest of persons who had en- tered and defaced the public school houses. Also, one nominating Thomas C. Donn for Po- lice Magistrate of the Fourth district ; referred to police committee. Also, oné transmitting the monthly account of the ae fae a up — } refer to the asylum comm! ys Bitido, one from the Board of Trustees of Public Schools asking for an assistant teacher in the male primary school of the Second district tanght by Mrs. R. M. Ogden; referred to public schools . Goddard presented the oduie ae for The claims committee was also discharged Mannekina, and from the Petition of ruporintend annekina, ents of sweeps; which was referred to the ways and means committee. the Aldermen, for rellef of W. T. Aldermen, for relief 0! te 3 Also, a bill for the relief of Jo! with an amendment; ly on Soe bill from nin W? Rosier, df of John Trader; passed ‘lark, from the police committee, bn EI ES al stands at or near the mar! r Also, 2 joint resolution, with an amendment. rehase of seven of Bosque's cori the city of Washington; appropriations for certain the committee by request | disturbance and Mr. Brown. from the drai a bill for constructing a sewer in a bill authorizing the enlargement of gut- street west, from Hto L street committee, re- ition of James Creek ; referred to claims resented the petition of Elizabeth led taxes erroneously and paid ; referred to finance committee. Mr. Riggs, from finance committee, re without amendment Council bill for the relief of John R. Queen and others, officers of theasylum, year, were nominated at ir pee eae by the Mayor and rejected by the Aldermen ; also for the relief of othe: officers so nominated and ity in the cases of W Hurdle, ‘Sones, and Mic! was not, in his o; to show their being im as to the rest of the part ters on Seventh Free offered a = to grade and pave an t. O'Hare presented a petition of J. W. Wii- liams and others for the improvement of S street; referred to improvements committee. resented a bill to purchase furni- ture for the Collector's office; 3 Also, a bill making appropriation for the Sur- sed. tor relaying a gutter in the Second Ward; referred to improvements committee. Mr. Clark, from claims committee, reported 4 bill for relief of the heirs of Edward and Mary rown introduced a bill for relief of Jos. bill to improve the drainage of alley in square W4; referred to drainage committee. The Chair laid before the Board the Aldermen’s bill for the payment of certain expenses; [These were the expenses of the western visitors.] Also, Aldermen’s bill for reli ton; referred to claims committee. t. Clarke, from the joint committee on the eligibility of Assessors, made a report, accom- ied by a joint resolution declaring the tollow- tsons eligible: From the Second Waid— i 3 Fourth Ward—T. W. Burch; Seventh Ward—Edward Wayson. On motion of Mr. Jefferson. the report was re- committed to the joint committee, with instrnc- tions to ask information oi ative to legal points invol ; q The Board took up the Aldermen’s amendment to the bill for constructing a sewer in the Second Ward ; and it was concurred Mr. Turton, from im; ported a bill for repair: street, from B to & streets ; Aldermen’s bill to en! teenth street, from I to provements committee. Also, bill to grade and from Ninth to Fourteenth Messrs. Fisher and Brown were ap; complete the committee of eligibility of assessors. On motion of Mr. Clarke, t it they were clear! participants in the veyor’s office; of the party whoattack 3 that ee of them was the cannon on the oc- brought to the ground n seen by competent w: ses in the street with a gun in his hand, in hot rties who were flyin: hat the other one stood b; you are near enough,”? and would have tired it off, and did not discharge. He went on to state that the defence had called witnesses to show that the gun was spiked, and that, had they attempted to dischar, could not have done so ; that fact, had such been the case—which was not the ease—was no excnse or palliation for theiracts; he stated that the evi- dence which bad been brought to prove the yun to have been spiked had been contradicted ina itive manner by the rebutting evidenee of the United States who had proved that the gun was spiked after it had been captured, by the marine who bad given to the ju to that fact, and afterwards by after the cannon had been removed to the City ‘Some discussion arose on this Messrs. Riggs, Smith, Ruff, an ted. Petr. Smith objected to paying John R. Queen for services rendered the Corporation which he was not authorized to render. Mr. Pearson contended that he could not enter- tain the idea of pa constituents for serv! Mr. Moore hoped the bill would pass as re- ed Mr. Dove said that those men had rendered their services to the Corporation faithfully ; that they had been put there by the Mayor, and kept there; which act had been sustained by the Cor- He contended that it was but tice to those men to pay them for thoseservices. Mr. Smith said that he should not vote to g compensation te men for services where the act of the Mayor in placing them in those situations al. Mr.S. moved to strike out of the bill the words ‘+ compensation for services actu- ally rendered the Corporation,” and asked the ayes and noes on the motion. ‘The motion tostrike out was lost—ayes 3.noes 9. = Moore read a communication from Mr. . in which it was and he had saved the Corporation al: amgunt of his salary duri He read this to the Mr. Smith said that he thought the gentl before any one had hit him; he had any one, said a word Queen; he was so far from havi against him that he thought the gentleman to be compensated for losses sustained at the t! the Asylum was burned down, but he would not vote for him to receive compensation for services the bill, and said that ition, in which earson partici- from him, and and cried out, ‘shoot! that he raised his gun but that it snapped ef of Henry Hol- ration attorney. f the City Attorney rel- ition of the two Johnsons and ie summed np all the evidence ‘iven as to their being impli- y, as he appre- in them, and rovements committee, re- Robert Siatford and graveling Eighth passed. which had been cated in the riots, showing clearl hended, their active participation their consequent guilt. egard to the necessit call for the interference of the the riots which the uate to quell, his term of office. . ‘d in justice to the gentle- * the gutter on Four- » Was referred to im- for the Mayor to xecntive to quell lice force of the city was went on to show that the nécessity was not only great but imperative for the course which had been taken by the Mayor. The imarines were on the previous to the fring. They were not even on round when the polls were closed They n taunted and reviled by the mob with- out canse, and when in obedience to the mandate of the President of the United States they were in the execution of his orders, and they were threatened and ordered off the constituted committee. the: shot before firing upon the mob as had been gravel F street north, claims committee from the consideration of the pe- herson and Beers; and it was re- ferred to the ways and means The Board then adjourned. round for some time which bad been il Mr. Houston svsta! by decision of the Court the Cor the money to the Intendant, and that it should ns k odd te sirike out ail of the first Centre MAaRkEt.—The market opened this morning with an excellent supply of Provisions of superior quality, and neatly arranged by the dealers. ‘The attendance, as usual at the begin- ning of the week, was large. rapid and the prices about as on Saturday last, 1al2 4 Shipstuffs... Eggs doz. Ro better have been paid loi Mr. Smith mov: section and amend it by substituting the follow- ing: “That the sum of 8600 be. and is hereby appropriated for the relief of John R Queen ; lost round by a self- been stoned and The sales were tded the condition of the polls at pened, he submitted that for votets of a certain lots ; for after that the foreign voters were driven away, and in several instances brutally beaten by the Plug Uglies and those acting in concert with them; beaten most unmercifully. Heasked the jury if they believed polls were opened /recly to every class of qnestion then reeurring upon as reported by the finance eomm! jh moved to take wp and pass the bill in seetions, and called the ayes and noes on each The question then bei: $900 to John R. Queen, class to deposit their taken to appropriat passed—a’ On question being taken to for the relief of A. W. Miller, —#yes 9, noes 3. On taking the question to to Geo. H. Fulmore, Comuni: cana he sap $615.55 to Thos. J. Bar- rett, Commissioner of the Fifth Ward, passed— ayes 9, noes 3 To appropriate $431.37 to Jos. W. Reynolds, ficer of the Third Ward, passed—a: ‘The question then recurring onthe final of the Dill, some discussion ensued, after whic Mr. Pearson moved to amend the title by strik- ing out, and making the title read, ‘“To compen- sate John R. Queen and others for services ren- dered without authority of law;” and asked the ayes and noes on the motion; lost—ayes 4, noes 9. nestion was then taken on the title as 'y reported, and it was carried. s, from same committee, for the removal of riate $461.64 yeiiae, it passed riate $119 53. etet Asylum, it However sad these results may be; however sad the necessity may be for calling out the mili- tary to suppress a riot, it was an act of stern ne- the Court had instructed the jury | That those persons who resisted t that occasion were guilty of a riot. If those riot- ers ever come here again, and if they practice ments against the laws, he the bayonets of would be ustd to exterminate them from the fuce of the earth; those lawless bullies who would hire themselves out to.the party which would pay them the highest price, and destroy and mur- ites for blood were sated, lesson which would put an effectual stop to their infamous acts in future. After Mr. Key had concluded his remarks, the jury took a recess for a few minutes. After the jury had taken a recess yesterda Mr. Carrington said that he had had no tion at this time to follow t! it had been’ arranged amo: defence that the lowed by Mr. Scott. and the jury, however, that he the argument in this Entering upon the Dried beef... .. Chickens, pr pair. ch. . .12a$1.25} W hortleberries... sulm ples, pk....... 25 Apples,each 1als ns, each... 37a81| Peaches ‘Irish potatoes, he military on these same infri hoped in God t! 60] Watermelons. $2/Canteloupes.. Cucumbers, do: der till their brutal he hoped had receiv: Crabs, per doz... well to suggest that a little care persons from throwing y the safety of the lives pecially the aged and in- taken to prevent melon rinds, defective the pavemtents, as thereby and limbs of persons (es; firm) is endangered. he District Attorney; the counsel for the istrict Attorney was to be fol- He congratulated himself Mr. Miller, from the improvements committee. reported a bill from the lower Board to grade reat case so little to do. -second street west, from K to L street story of the election riots, he calied the attention of the jury to the last act of the strange and horrible tragedy. Nezroes and he said, were shot down, and were the € writhing in the agonies of death; he saw his neer, on that bloody field and now dragged this Conrt to answer for an alleged riot. The District Attorney had told the jury that if they could not find his client guilty, it was competent for them to think that the testimony of the wit- ness (Franklin Birkhead) was false, and that he had committed perjury first, to the pro} criminal connection with unless the fact of his havin. as were severa’ Tue Rivex.—Arrived at Galt & Young’s wharf schr. Sea Lion, Capt. Smith, Philadelphia, with 100 tons coal to F.T. Moore ; schr. Eliza, Capt. Bayly, Havre de Grace, with 64 tons coal to 8. H. Young. At Magruder & Stone’s wharf, schr. hite Point, with gravel for The Union Guards’ excursion came off to- but not at the hour adver- to some mistake the steamer Geo. lock instead of 74, leav- Mr. Miller, also, from the same committee, re- ported 2 bill to grade Eleventh st. west, between U and G streets north; passed. Also, from same committee, a bill to deticiency in the appropriation to ravel L street north, between Eigh ‘wentieth streets west; Also, from same committee, a bill to gravel the east Laif of Vermont avenue, from M to N streets young friend, Chas Hope, Capt. Poore, W Wweltering in his bl the Government. tothe White House, tised. Owin: Washington left at 7 0c ing the entire party beh: romptly came to the reli ‘ts and sent them down by the interim the large Was entertained most rformances of is with the excursionists. Also, from same committee, a Dill authorizii to be laid on New York avenue, ersection with Thirteenth st. west; He addressed himself, ition that his client had ne the rioters on that day, been shot down by other innocent per- taken as evidence of the fact. witness who lad given evidence against Charles Hnrdle had said that he saw him come out from the crowd at Aiston’s corner, and had heard him Say that the marines were firing blank cartridges, and then throw stones; and from that crowd was discharged a pistol towards the marines, draw- ing their answering fire to that point. ‘This was all the evidence which had been given against his client, and was to be taken by the learned counsel for the United States against the equally- reiiable statements of the eight witnesses for the defence, who had testitied to having been stand- ing on that corner at that time, and saw nothing of the kind transpire. It was impossible for an’ and during such an excitement to see every ticular of an event like that in a manner to givea correct statement of it afterwards; such events mast be witnessed by noted as witnesses for the defence had noted those oecurrences in order to get at a correct and lucid statement of them; he contended that the uncon- tradicted statement of those eight witnesses were much stronger and mnnch more to be retied on than the testimony of one single individual, who had sworn that he could not se? from his position in the line and for the smoke from the right of hing or person on that corner. Noakes had said in evidence that he was there when the marines were firing upon that corner, and previous to their firing, and that his view of the marines was entirely unobstructed, and that a stone thrown from that point towards the marines or a pistol fired previous to their ve passed un- im; he saw no stone thrown nor no ‘The testimony of the other witness- es agrees with all this, with the exception that it Li stronger, to the same point. Dr. Clay- ton also Lad stated that, most positively, no such act was committed by the defendant, whom he represented in this trial; he put it then that if there was a doubt that bis client was guilty, then he bad a right to that doubt The District Atiorne the Collyer In assemblage at the wharf ‘with the excel- ity Band, which ssed. Also, 2 bill makin; the alley in square 167; Also, from same comm! street north, from Fifth street west to iso, from same committee, a bill making an appropriation for vrading and graveling Twelfth street north, from Fourth street west to North Capitol street; jo Also. a bill making an ap) Fi street north, between Nort g an appropriation to repair ittee, a bill to grade.A Market Tueves.—Last night when the fruit dealers were arranging their stands in the Cen- tre Market three stout colored men were seen lurking about the market. One of them ap- proached a lot of watermelons during the tempo- Tary absence of the owner, and attempted to steal some of them, but was seen and eaught before he - He was taken to the guard house, ing a slave and unsuccess: he was dismissed by the Justice thix morning Since the watermelons have visitors to the stands are {: melons disappear, for which the ow! resented a bill making an appro- Priation for the continuation of a sewer on and along Thyteenth street; Mr. M., also, on leave, large the gutter on Fourteenth street west from J to M streets north; pas Also. a bifl to grade and gravel F street north between Ninth aud Fourteenth streets, west; ‘ fel in his attempt presented a bili toen- been arriving nightly y person on such a day Last Nicut oF tur Frsttvat.—Anx ExtRA EXTERTAINMENT.—The Festival in ‘Thorn’s Building, given by the ladies of the Methodist Episcopal Church South, closes to-night, with a fine concert under the auspices of Prof. Crouch. In the present ‘dearth of entertainment, such an nding a pleasant evening, ix Remember the place, Thorn’s two doers below Odd Feliows’ Hall Mr. M., also, from same committee, on leave, presented a bill to enlarge the gutters on Seventh street west from H to L streets north; i On motion of Mr. Houston, the nominations of rs. Thomas C. Donn, as police or the Fourth Ward, H. C. Harrover ai rdiner to be constables in the Fifth Ward,were ta! and confirmed. Bills from the Common Council were read and referred, as follows : A bill authorizing the curbstone to be set and way paved on the north front of K street south, between Third and half streets west; a bill makin jon for repaving the public alley in ;.@ bill making an appropriation for the estern Hose Company; John W. Baden; a joint resolution in relation to the Western Hose Company; a joint resolution the lower Board, amended fmen, which amendment was disagreed to by the lower Board was read. expressive of thanks to the President of the United States. to the Se- cretaries of the Navy and of War, to the officers Unifed States Marine Corps who t the suppression of rioting onthe and to the Artillery Company Which assisted subsequently in the maintenance opportunity o! A Roneery —Vesterday afternoon 2 thief en- tered the dwelling of Mrs. Lewis, on I street, in the First Ward, and stole therefrom a lar, ing to the family. The thief was seen leaving the house, and the officers were im- mediately notified and went i: this time no trace of him has the frequency of these burglarious acts it is pre- sumable that more than one or two persons are engaged in thein. Ruwaway.—Yesterday, a yonng man, whose name we could not learn, made a narrow esca from death in the First Ward. a buggy, when his horse became fri ran off. When near Mayor Magrude! the buggy struck an down, smashed the buggy, lookers-on, the driver escaped serious injury. silver ware belon; it for the relief of nm search, but up to been obtained. From by the Board of and men of the He was riding in had endeavored to dis- credit the statements of the witnesses for thie dc- fence; he had not charged them with swearing but he had endeavored to bring the state- the evidence of a single @ had so little to say, and as far as his client was je asked the jury to take care that see not punish the innocent instead of the ty. ron lamp post, broke it Mr. Moore moved to recede from the amend- and, to the surprise of to discredit by ae adopted by the Board striking out the pre- ; wa witness; he was glad Mr. Smith moved to postpone the fartiler ac tiem by the Board in the matter until next Mon- ‘Tue Stitt Cres propose, we hear, to give another excursion to Léosardtown on the lith of September. The citizens of Leonardtown have tendered an invitation tothe Club, and divers Washingtonians have urged the special good time enjoyed on the late trip. +, om leave, Sulroduced a resolution or to procure plans and esti- Jes carried away by the late Mr. Ruif presented a bill aut up and relayin| east and E and Mr. Bradle asked the Court to allow the rest of the counsel for the defence time to arrange the morrow morning—as they the result of the structions of this morning, and they would be glad to have the indulgence of the Court extend- ed to them, inasmuch as the remarks of his honor to the jury would make it necessary for the coun- sel for the defence to modify to some extent their uments in the case. ‘he Court consented to provided the counsel woul: selves that there should be only two morespeec es made by the defence in tie case; as the usual rule in such cases had been violated in their fa- vor by the Court. The counsel all seemed desirous to speak in the eave, and his honor at last ¢onsented the Court, provided the counsel for would arrange amon; mates for the asecond edition of yuments—until to- horizing the takin; of the gutters on Seventh stree! 4 streets south ; 3 On motion of Mr. Miller, tee f snp The Board of Comman Couacil met and was PuBtic ScHoots.—Yesterday, Mr. Orme, of the Second Ward, stated for the imformation of the Public Schools Committee, in the Common Council, that persons in tHe country sent their children to the city and boarded them here, that they might receive education in the public schools. He thought it hard that the citizens should be taxed toeducate children from the country. ne President laid before the Board the follow - cuanun ications from the Mayor: ist. Transmitting the report of the Surveyor relative tothe grade of Third street east and D street south; referred to improvements commitie-. td Relative to damages done by the recent ing prompt action of the Board in ° Same; same ego itting the report of the Inspector of is for July; referred to ire depart. it the indulgence ree among them- Rear Estare.—-Yesterday three two-story frame dwellings situated on parts of lots 2, 3, and 5 were sold by J.C. McGuire, $1,287.50. Purchaser, Mr. Morehouse. themselves that if the Court should enforce the rule in the case that but two of the counsel should speak they would ac- The Conrt then adjourned. THIRTEENTH DAY. The Court met at ten o’clock, this morning. Mr. S¢ott commenced his argument for the dc- ing, May it please the Court, my ‘arrington, addressed you yesterday. He a limited task to perform ; his argument being confined to one single defendant; mine is to the whole case. , Auctioneer, for = ith. Announcing approval of recent acts of the A €emmunication was received from the Secre of the Board of ‘Trustees of Public Schools I the appointment of an assistant teacher for the male primary school in the Second School District; referred to public schools committee. it of the Commissioners Ted to the asylum commi ASSAULT AND BattEeRy.—Officer terday arrested Timoth siult and baitery on hi: McHenry yes- y Cunningham for an as- s sister-in-law, Ann Cun- was by him committed to } of the Asylum @ petition from Dr. N. Young; referred to claims committee Also, the petition of the owners of square 450 vemeut on two sides of said square; re- to improvements committee. so, @ pelitiou of J.'F. Callan € to the drainage the draimage committee. Mr. Brown, from wa) reported a bill to pa! viding for the Rossery.—This morning, thief entered the dwelling the City Hall, and stole a lot of uable articles belong: his family. The thief be en she demanded to iness there he decamped forthwith, and atan early hour, a at at Jewelry and val. | a broader dut ious mem) spray by the nature of the argument of the Attorney, to consume more time in repl, and others, rel- of square 456. Referred to to way that, after listening with uttention to all had said, the jury would have derived a Very imperfect idea of the defence whith would be made by the counsel, and the} ata very imperfee Th order to understand their du’ ict according to the evi case, He had expected the ys end means committee, Bear [Ny Minp that St. Peter's Sunday School incurred in pro- takes its excursion to the White House Pavilion ~Al us Young, (pol. drunk in the street ; ‘Workhouse 3 days. ; ark fom § aye id nea on to-morrow. 7 ee, Tepor a bill for rei + Gilmas; Waren Retvans and verd ared,) stealing in the nate Mr. C , also reported back a bill for the relief as to the nature of the ——— Se ee on eS es = tert otro aoe por As eNom | PELEGRAPHIC NEWS. District % 80 F Led Attorney, who has so much ex; with the indletihent In hie hand cophatatioe ty | er jalse, told he performed the | _#R TATED Pi: RSS. ‘men - us ~ ite ' ce mua of ts = czation ‘Sn: ‘ta age casi hisduty on THE ASSOC. D Pichi tained therein, and then wi Precision t was eee ret stand between . Cunningham Refused Bail. their attention to the voluminous parts ag the ten ipase. ad parties; he is found to be in con- ati timony which had been given in the case.. He b ndictmen New Yorx, August 10.—Justice Davidson has nection . Justice Donn in his laudable J ad not even recurred to the i it had with Mr. 5 7 4 refused to admit Airs. Cuni were ‘ham to bail. Her Mr. Goddard, also. never been read to them: even now tt scandidate Sir Aldciubkn counsel have aynounced an intention to apply for 5 in that ward, mixed’ himself with the partisans frofesnadly ignorant.of the charge in a writ of certiorai. he indictment which they sat there to try. In- }-ef this flict interested in the result, and stead of arriving ut the precision ofa rite, the | tt parties who ied keen there to block | Drowned. ae gentleman had resorted-to a disc! of mus- | up the polis from the citizens of this Dis- jostox, August 9—Four young ladies, two beter. He wonld attempt to sti is defect. | trict. He was not aris stand up and prevent | whom were danghters of B. F. Soule, and the and to do what had been the d the District | naturalized citizens from voting, but he put his | other two of a Mr. Grant, were drowned at Wa- Attorney, to call their attention to the allegations contained therein, because it was necessary, in order that the. jur; might understand the nature of the defence which would be made. Mr.S. went onto read the indictment to the oA cape nte er besten ¢ iraonsgs that ape jes togeth turb the peace of the United States, and unlawfully, riotousiy and tumultuously disturb and break the peace; there was no other count fn the indictment; that was the only charge, it had involved all the parties charged with one and the same offence; these yas es er encmeasin sags one semen and am proved to have participated in that offence, in order to conviet then of that charge. If the act complained of was disturbance of t lis, it was competent to have had that charged to them in the indictment. If it was the getting the swivel from the Navy Yord, and the use thereof afterwards, it was competent to have charged that in the indictment; this specification ought to have been made. This indictment is not so framed; and the defence meant to press that, under well-settled principles of law, the testimo- ny. on the part of the complainant must necessa- tily be contined to that part of the offence. ‘air Play, justice demands this, and it must appeal with irresistible force and commend itself to the just consideration of ever: one; he would take the case of a civil action; A is indebted to B in three distinct accounts, and is subject to suit upon each; B imped sneand pe him on his defence foreach of the three at the same time, but he must give the party notice of his action, so as to put him on his defence, and if he chooses to put only one in suit, in the trial the testimony mnst be confined to that. There are many defences that may be united in one suit; but these several defences must be set out separately ineach count; and it is allowed to the prosecutor to give evie dence to the jury touching each count in the in- of the prosecutfon must be confined to that. The dietment; but if itis confined to one, the testimony jury wonld perceive that this indictment was couched in most general terms; there was no al- pases the Jed legion of men who were set terville, Maine, on Thursday. Rizens. Lit ical Kansas Affairs. Yorn fm Forage solid Puslent Ra > Aug. — pom Keane of Ppossessi place voting by an ar- the August, have m Freoe) ° Gov. rangement with deste prec Letetinend, itis | Walker has returned to Lawrence, with the calculated to lead to disturbance and breach of | troops, the apprehension of an Indian attack prov , the » Whether by native or foreign voters. | ing pene. Set in tracing the origin of this morning Election returns indicate a nearly unamimous affray justice to alt seed en to go to the first | vote in favor of the Topeka constitution pee and thus mage ceed the origin. ite cout Ohio River. t it was aun ‘is forei; 5 > He spoke o! the party of Seok ete keene: Wrretine, August 11.—The river here ts five a joicing in Sek. Srcranen presen Plug Uglies. | feet in depth, and is still rising. ey amonnted, acco: to the statement of a Mr. Merrill, to ‘some ten of fifteen persons. He Baltimore Markets. follewed them to the polls. They stood there, Battmore, Ang. 1!.—Flonr is dull; declined committed no disturbance, and ed off with- Re. City tills at $6.62, and Howard street out making any manifestation of an attempt to | ars> 50. disturb. ‘They came back, and this Irish brigade |" Wheat is steady; red 1 40a1.53; white 1.60a1.6°, were in fall possession. They divided them- corn is duli and lower; white 85a%e; yellow selves, some ae pape gm to aged on another. | <sas7 cents. T an to joo ; al is a common ex- y - Ci » Ohi c cree eg on re . A man has —_ eels; Mr * eae a right to halloo. And when these parties re- Markets. tnrned to that precinct the second tite ail that New Vein ae te eae bade ot can be proved against them was that some of | 5.0u) bbis; State #0 4586.60; Ohio $6.650%7 Su; them appeared to be drnnk and rioting. They | Southern declined—sales at $7.25a87.00. made ne violent disturbance of the peace; 2nd | Wheat is depressed; sales of 15,000 bushels; from Mr. Goddard's own account there was noth- | white *1 0.8 55; red $1.624a$1-75. Corn ing whict took place more than is usual at elec- | grm: sates of 30,000 bushels; mixed 4c; yel- ons. low S8e. i But what did Mr Goddard do’ Did he act as | "Pork isfirm; mese@24 aso 40 Peet in stendy; an impartial officer should doon sneh an occa- Chiewo ked SiG, > in 4 sion? | No, he Was a candidate for office and it ix | CAICAzO, Fepacked $16 di0nt7.50. Lard is buoy: at 153X¢., an advan (oe. testified that he went abont rollaring these “a a Wiiske is car Ohio sce” and increasing the tumult. If he finds a man dis- posited the age ied so to a him. Financial. the has no right to collar le who are , making no re at He could ake allow- Md Lf md an Beer ye ie and rr ances for Messrs Donn, Goddard, and Owen, but | 52" Gentry chases hip: Gi Momlie en wii, “2 he conld not take the course of bis worthy friend, | 2ontuern 4¢ig; Nee Toate Corea eae. — igen the District Attorney, and !mpute to mistake on | Vonibern # yl - on meadien Rail a the part of these withesses crime; Le could have " vompany 88; z road 70% . legation of meeting together in the first precinct be arpa adi ang id EO) IRS. ’ possi t sel it, . 3s 3 7 of the Fourth Ward; so it is competent, under Pee (eetool per shaneore thane quatieues, coukk te GEORGETOWN AVFA . this form. for the prosecntor to select from the varionsatleged distnrbances, and make that the subject of his proseention; yet, while the law al- lows this, it is necessary for the attainment of justice that, when the prosecution gives evidence of a particular act, ever afterwards the case must be confined to that. Now, the District Attorney yruredny undertook to prove from the testimony ‘hat there had been various riotings on the first day of June, and demanded the conviction of sev- eral of the parties of participating in that offence. Ale (the District Attorney) undertook to show that, at the first preeinct of the Fourth Ward, be- tween 9and 10 o’clock, a riot was committed; and that, in that riot, some of the parties now charged in the indictment were participants. He called the attention to what occurred at a sub- sequent period on that day, and undertook to show another riot near by, in which not all, but some of the parties were implicated, and some of them there charged in the former riot, (the rigt of the morning.) He attempted toshow that there ‘Were two separate riots after the arrival of the marines—one at the market-house and another at the polis—an offence distinet from the morning offence, and directed to anotherand different pur- asad and not content with that, he had intro- uced another, in which he sought to implicate the two Stewarts in an act ina different place, at a different time, and with a distinct and different - There were, then, four separate acts of alleged riot, occurring at different times and places, directed to different objects, and charged to have been participated in. not by ail, but by some one or other of those acting apart from eac: other. If it be true that the indictment alleges but one offence, the prosecution must prove an offence Pecceipeed inbyall ofthem. The pros- ecution is restricted to the proof of one offence, and that one only, This jury have becn addressed at large upon the subject of four several alleged offences, and eee asked to convict these parties upon the a of the learned Attorney; how was it to beuecounted for that under th{s special indict- iyent their patience had been so trespassed upon by investigations that did not belong to the case submitted tothem. This first day of June must ever remain on the Paes of the ‘uistory of the country ; on that day the blood of their fellow citizens was shed on the public stfeets; men ad- mitted to be unconnected with this disturbance assembled at a public place for a public and law- ful purpose; inoffensive and unoffending men standing in their own doorways, were shot down and butchered in the.presence of the ciry author- ities, and being thas butchered they were left to Welter im their own blood, uncared for by the an- ‘horities—themselves spectators of the deed. The City Fathers bad another office, to. perform; to come back with the military and to assemble in some part of this building, and to riot over their deeds of blood. The bistorian will have to recur to that fact, and another, most startling one, and that was that these acts Lad been committed in the blaze of day, and that ge to the present time there had been no judicial investigation of those acts of blood. The meanest man, whose body is found dead within this jurisdiction, is entitled to au javesti- gation at tbe hands of your authorities. The sui- cide, the drunkard—all are entitled, in every Christian land, where law is known, toa fall, 2 free and impartial judicial investigation as to the canse of his death. They had been told that the President of the United States is bound to see that the laws are executed—here is a case in which bis superintending care might be product- ive of some good. They had been told that the Mayor was bound to see that the laws were faith- fully executed—here was a case in Which he might haveaechance to look to the matter, and see the laws executed properly. He was sorry to see the District Attorney stand here and seem in- clined to defend the parties who inflicted those dread and bloody acts, rather than those guilty of a petty offence against the laws Mr. 8, said that he professed to have some ac- quaintance with the law ; but be was yet to leurn upon what principle of criminal lawan unotfend- ing and peareable citizen can be shot down on his own door sill, and upon what principle that deed can be exensed. No military inquiry had been demanded to investigate the acts of these marines on that day. Some of the officers and some of the marines themselves had been called as wit- nesses, and from their own lips, in this presence, they have testified to what makes them justly apdtegaity the responsible parties in this homi- cide. ‘The historian who records the occurrences of the Ist of June will fail to do his duty if he neglect to give a prominent place to the oceur- renees of this trial. Here he wonld make his acknowledgments to the District Attorney for the caution he had given tothe jury in his opening, and that caution was to guard ayainst having their minds war by political feelings. Nothing, aceording to bis ob- servation, controls the action of men so Nea ag party feeling; we eat or condemn ati he es of patty spirit; it invades the halls of iéyisiation, and the very laws under which we live spring from party influences, and it cannot be surprising therefore, if the executive, with so much power in their hands, should be imbued with the same spirit. The poorest laborer on your public works has to how to this shrine be- fore he can be fit to become the qualified servant of your executive officers. Victerions over the ballot box, triumphant inthe hatis of legislation, he trusted never to see its hideons visage skulk- ing behind the jury box; tet liberty not be as- sailed by its poison and its filthy excrement. If this case is to be tried by party prejudices, how poor will be the defence which will be made here. He had never known party spirit to in- vade the jary box, he would bclievecthat this jury was capable fo withstand its influence and render a just verdict; that they meant to give these parties a fair and impartial verdict. He would not have alluded to this subject had it not been for the conduct of a gentleman who bad been in the trial as counsel. but who had suddeénty withdrawn from the trial; who had lately been appointed to an executive position before another court This man sought made, and not be fesisted by the party attacked ? Correspondence af The Star. Or rather, did not this rush mpon the Irish col- Gnrogcrtown, Angust 10, 1557. umn create a fight, in which Mr. Policeman Bag- The new African Methodist Church, on Beall ‘ott fired, if not the first shot, the two following t, was.dedicated yest f Shes? This mob, at least, did not have muskets, NEL, loaned lerday, with solemn and i services. The congregations in the loaded with a ball and ‘three buckshot, to fire | UBPFEssive ong upon this unarmed crowd of voters. It was an | morming and afternoon were so large that they irish shindy; and wherever you find 2 crowd of | were compelled to have services in both the body the son of Erin amembled together you find 2 | and basement of the church at the same time. It Sah tC Phere ta nti ne Ente. SSD One | tne morniny. the MSy_A. WW. Wan 3.3. ieee isa knife, wade in boys.” ‘They Hurbert, of your city, preached; be poet aaa He did not justify this conduct, but it was a Tine ae pe hat = poy ty great pity that those parties who b.onght those the evening at § o’clock. the kev. W. ‘A Grimes frish there could not be sought outand punished. ands. c Speak Pastor of the Charch. conducted It was a great outrage, and he was not here tode- | 11° services Collections were taken up durin; fend it; but the question was, could they punish | 1° “Gi “nmountine’ te the’ Landers peg | them for it: They coald punish them only ac- | aa;1 56°” The edifice, as we Lote Potone Be cording to law, and the moment when you over- | Wosed isa very meat amd airy one, capable of step the law, and impose a punishment bot gust, | Sotter ‘cosnfortsbly shout five Wonton ron antied by the law. you break the law and infringe | Gato the most attractive articles about the puls upon the rights of property and persons. Lf these pit is a large and handsomely bound copy of the mon were proved to have been guilty of murder, sacred scriptures. resented to the congregation could they be found guilty under this indict: | Sr the vendraule Ur B. lehier ™e ineaiy. No; becasee the indictment did wot | 7p cos living in (he neighberhaod arb loud tes charge them with it, nor could they be found theircomplaints abont the great noise which they guy of a riot; they were charged, it is true,with say is kept up nearly the whole of every night a riof; but if they were guilty of an affray they about the stab! n Monigomery st.,near Br - itetnent. iia ph cams Ls euee ry metas wh We would advise the occupant to see to the evil He proposed to call the ataention of the jury to pip ae tery grieved give him some trouble the distinction between a riot and an affray; the “Notwithstanding the dampness of the earth, = definition is certain, but so various are the acts of large company of persons are in attendanoe at the pic nic of the Catholic Total Austinence Society, hn the College grove Our Roman Catholic citizens generally mani- fest much regret at the removal of their pastor, Rev. Mr. Sciampi, who has served them, we be- lieve, but a single year. Notwithstanding his short stay among them, he had become univer- sally popular, and his gentle aud affectionate dis- position had completely won the affections of his congrezation. He goes to the College at Worces- ter, Mass ‘Vhe bealth of our city continnes excellent. We hear of no fevers of any description prevail or aay other sickness of moment, at the present time. We learn that there has been recently auch of the di) —y and diarri@a among the hands eavazed upon the waterworks, caused chiefly by the too free use of vegetables The barque William Chase, Capt. Dorry, is now receiving a new — mast and other re- pairs preparatory to Ler European veyage. ‘Arrivais.--The steamer James Gay towed ap this morning the schooner Isle of Pines, Freach, from Philadelphia, with 230 tons of coal to Bar- ron & Stover ; schooner Aid, Kenly, Philadelphia, $0 tons coal to Boyce & Donnelly; schooner Tropic, Hooper, Salisbury, lumber to Jos. Libbey & Son ; packet schooner Ringdove, Donoho, Philadel- hia, to Hyde & Davidson; steamer Columbia, Harper, Baltimore, to the same. The Guy towed out this morning the packet schooner Hamilton, — of the Messrs. Dodye’s Line, laden with lour for New York. Small sales of flonr contiaue to be made, at 7 50 for standard brands. There is but little wheat arriving, selling at Si 45 to Si 6U for red and white of good qualities. Our millers have been thus far his season oblajaing most of their supplies from Alexandria. (Query, why don’t the growers send it themselves directly to our mar- ket, and pocket the advance on prices themselves? Corn $6 2 5 cents for red and white. 8. man that when we come to apply the facts to the case it is often uncertain to what particular class of effences the case belongs according to tha deti-/ nition. Here we have a riot and an affray, and the distinction between murder and manslangh- ter points out the difference between a riot and an affray. A riot is a disturbance of the peace, a preconcert, a premeditation ; an aifray ix a dis- turbance of the peace where persons engaged are engaged upon a sudden occasioh without pre- meditation. Now, there is the difference be- tween a riot and an affray. Mr. E. here read from the law a short extract showing what constitutes a riot, in order, he said, that he might not be misunderstood as to what he meant by Eis construction of the term. No im- partial mind, he contended. could look at this evidence and not see that there ve at least a prob- ability that this affray arose out of the sudden ebuiiition of a party feeling on the part of those engaged. A mind prejndiced by party may shut the eye to all that appear in the case favorable to the ac- cused and looking to the testimony on the other side, distort the facts and render a verdict which is prejudiced and unjust. It will not do to in- ¢arcerate the parties here accused because proba- bly they are guilty. You cannot weigh proba- bilities in criminal trials. It is better that nine- ty-nine guilty ones should escape than that one innocent person should suffer. Nove, if you area litical Jury, you may find the defendant's guil- os but if you are fil with impartial, fair, just sentimens, I submit it to your judgments, whether upon this'’evidence, you can find of these parties guilty of the crime charged to them. He weed not go outside of the evidence to find that they were only guilty of an affray, and not a riot. Mr. Scott rested in his arzument here; and the jury are Laving a recess as this report closes. Wasuinetox, D.C., August lit, 1857, 11 o’cloek a.m. Ata recent meeting the fullowing resolutions were passed: Kesolved, In the event of similiar circumstances, when Mr. Predessor was presented with ® splendic oune, Mr. Successor shall receivea broomstick, with agoiden head, im inser.ption of a Savase in fuii costume. ‘ solved furtaer, That for this purpose subscrip- will be received at CuagLes WERNER’Ss, aw IL-St GrorcErrown, Ang. 11, 1857. Last night, about eleven o'clock, as one of the hands on board *he Lucy Church, Capt. Wildin, was stepping fro: i the schr Sylvanus Allen tothe sehr Reindeer, he accidentally fell overboard and, before assistance could be rendered him, be sunk and was whed. He was a native of Og- densburg, New rk, about twenty-six years of and named Edward Kelly. Coroner Wood- d held an inquest rthe body. After hear- ing all the evidence, the jury rendered a verdict idental drowning. 1 we channel of the lower portion of the canal basin is beiny rapidly destroyed by the of sand and mud which are bronght down Rock Creek every time anything like a freshet occurs; and uniess the canal company takes some steps to alter the tide-lock yates, or the waste welrs, 30 as to vive freer scope to the heavy bodies of water that passes down, after anything like a heavy rain, ina very short time it will become entirely useless. In many places the clannel has become so reduced in width that it would be a difficult matter for two loaded boats to pass each other. The drenching saia of yesterday afternoon asudden stop to the pleasures of the large party assembled in the College Grove, under the ans- pices of the Catholic’s Total Abstinence Society. Tos about the time the company bad begun to understand thoroughly the merits of the for which they had “nssembled—when all was ilarity and good feeling, + and lond resoanded mirth and dancing’’—tke heavens snddenty be- came darkened by portentous looking clouds “loud, deep and long the thunder bellowed,” and in a short time, before the company were aware of their perilous situation, the clouds poured forth their Liquid contents in perfect tor- Tents, to the complete consternation and dixinay of all present; and sueh anotuer scampering of old men and matrons, young men and maidens, we never did see. The most destructive feature in the general stampede was caused by the run in the rear of the College, which, in a short time, became considerably swollen. Many of the par- ty, in their great hurry to find a shelter from the Water that was pouring dewn upon them from above, lost sight of the locality of the bridge and plunged in almost waist-deep, to the great scan- dal of every tuing like pants and fadies’ dresses. A mysterious piece of Vandaliem was 5 trated upon a house in a lot near the east end of Bridye street, on Saturday night last. On Satur. day morning RK it, Esq., purchased at the horse market in Washington a horse, and, after using him during a portion of the day, turned him loose in the lot before mentioned to graze; but, lo! whea he went to look after the animal, 7 A Cann. Drs. Henter & Williams, Physicians for Diseases of the Lungs, 523 North Charles street, Baitimore. Drs. Hunter or WiLLtaMs visits Washington on the i2th and 29th of each month. The next visit will be on Wednesday, the 12th instant. Office, No. 260 Pennsylvania avenue, over Mrs. Voss’s Jeweiry Store. Au 10-2t MapaMF Movnt has prepared by special request, a Salve for the cure of Cancers, which never was known to fail. Also, Cordial for Dysentery, Diar- rbea, and Summer Complaint, which acts as a per- fect charm to arrest all of those diseases. Also,a Salve for the Piles, (an extract {rom a flower,)a ereign remedy. Give thematrial. Like her C sumption Destroyer, they may be relied on. She ohers no article but what has been tested. To be had at No. 339 G street, between lth and 12th. Also at Nairn & Palmer’s Drug Store, corner 9th street und Penn. avenue, D. 8. Dyson’s Drug Store, corner of Penn. avenue 2nd 12th street, and J. P. Milbarn’s Drag Store. Willards’ Hotel. Also at C. Stett’s, corner of 7th street and Penn, avenue. Relerences can be made to Rev. Jolin Robb, Rev. Ms Register, Rev. James Manson, and Mr. Mana- ne The Consumption Destroyer also can be found in Alexandria, at Mr. Castleman’s Store, on King street, my sole agent for “po In Georgetown at Mr. T. A wman’s, on Bridge street 7 DIED, On the Wvth instant, REBECCA JANE, aged 92 years, wife of James Dutly, formeriy of Monteom- ery county, Md., but for the Iast tweive montis a resident of this city. Her funeral will take place from the residence of her bus on lith street, between O and P, at lo o’ciock on Wednesday morning. Her friends and soqguain 8 are respectfully invited to attend i ei ge eee of wn the alter @ severe illness of <2 days, which he bore for & child, with recedented resigoation, WILLIAM R ma Conner, aged 6 years.7 months, and I! days. The friends and acquaintances of the family are respectfully invited to attend his faneral from the residence of his parents, on Tth, between Land M streets, Yavy Yard. Weep not for me, my parerits dear, "mM gone to rest, you need net fear ; A i not to defend his client, but fo defend another y are Se firmed you see, ed on Suaday morning, be found him dead, and one son who he found to be criminally arraigned pare for death and follow me. of Luis fore legs sawed off close up to the body. Eotore the court; that person was the counsel Had it been one of the hind legs, we might have himself; he had done so, and had retired. As for BOARDING. suspicioned some sausage maker of perpetratin his own position, Mr, 8. said that he stood bere “4 the mysterious deed. As it is, however, we know on professjonal and not on party grounds. Cn the first of June, under the provisions of Aah City Charter, an election was to be held for Lunicipal aificers; a precinct was provided at the Fourth Ward; ut an early hour that day, a la number of persons of foreign birth, ‘said to naturalized citizens of the United States, repair- ed together to that poll, and in a column exceed- ing one hundred in number, took jon of the polls. Was not that of itself rather an extra- ordinary affair? But we are not leftaltogether in the ath as to that otects we are told that it was brought about by preconcerted arrangement; ‘this party of foreign voters did assemble and press to- gether in a body at the poll, claiming rity to vote over all other persons; it could not have ac- cidentaHly Happened. It was the result of previous arrangement and Previous concert. One witness tells us that there ‘was a talk that all such parties were to vote in the morning, and thap all Americans who wished to vote would have {@® do so in the evening, and through a file of marines. We have this from of the principal witnesses for the United tates, who told us that he was a justice of the Brpee: and a volunteer policeman on that day. le Le pwettoen Festal pa A justice of the peace, stationing himself at t busy inthe conduct of the election, tells you that he lad taken a special interest in the foreiger votes, and was one of those who aetively exerted himself to bring them to the polls! A fustice of the pe:c:! an officer of police !—whose duty wegalved § strict rtiality—is one of the wi i this array th marenad to the pelle aca ‘4 claims to have been an active Partioipant in their being OARD IN A PRIVATE FAMILY.—A Gen- tleman and Iady, or three sone Gentiemen can accommodated with pleasant ROOMS, ished, with or without Boarc. Apply at 385 F street, be- tween 10th and IIth streets. an 10 3t* VARDING.— Mrs. BATES, at the corner of Pennsy|vania avenue and 9th street, having ha her house entirely renovated and its accommoda- |, 1&8 NOW prepared to accom- of t and transient ler location is the most central in the eity, and, as Rei and improved, her house is pomiapcond, to no other bearding-house in Washing- fos. rders by Sa weet > OF oy may n receiving every ion. Terms Tabie boarders also taken. je 3 ANKING HOUSE OF PAIRO & NOURSE. Keokuk City 8 per cent. Bonds. eokuk Cit) arge with its perpetration, ax sugh an article would hardly serve to increase the eu- riosities in any of our District museums, 8. to the public at large, aud wo Physicians in particular, that he wi ry ~y~ io ia of t h UG 4 AND PRESCRIPTION” STAND, MAND : b HEMICAL LABORATOR 1, at 5 Ninth between Penn. av. and D street., east side. Prescriptions of phy SICIADS, Written im either the a tn, Eepelish CA wil ost =. ully be compounded, ‘nO receipe trus' the hands of an apprentice or other employee not fully petent. "Pie thotou “ chemical edgcation, and the long oth the Old World and the nicer By ales. wil Serve As & cuarantee for tee purity of drugs and pre- pe ftions Kept by hum. Every Heal Ov tested before use of, a) poisons cept on. ere a sible parti CHEMICAL ANALY SIS.-tjuauiative and quastiativenot pa. athen — ¢.,18 performed at rates ; lemen and masters desirous into the theory pract Chemistry aud To will have a opportunt 0 fered to that ink next fall. ye —Prof. J. D. B. Bow, Hon. Tuorice i Fas aR Fr. R: Sace, 7 ELMAR Srepret, Esq, vuaniee fi ons eR OBE * z ~~ Late pupil of Prof. edie, _jy 9-1m__eraduate MARtne Schatz 2S GU. CC oe THE aati ihe eae Weis ROTT, fon waneville? por cont. nad ity je . ‘he above and other is for sale at such rates eeeeers se purchaser at least 10 or 12 per cent. as per u ‘ He fete pnp patzonts por sum when teft for thirty ngs or au in. ave., bet, Mth and lth