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no inducement to speak falsely, for all his prejudices must naturally be enlisted on the side of the prosecution. His character is sustained by unexceptionable testimony, and has been impugned by no one except the salamander gentleman whose ambition seems to be to pursue in the next world that occupation which in this is principally monopolized by the descendants of Ilam.
“The next direct evidence of the conspiracy is from Mr. Deering, whose character and testimony are both unimpeachable. He says he was passing down Market Street on the evening of the affray when he saw near the market-house Johnson in company with Holmes and others, and that they were discussing the subject of the quarrel between the Mississippians and Redding. This proves that Johnson was carrying into effect bis proposition at Redding's store, viz., “to go and get Bill Holmes and give them hell.' He had already found Bill Holmes, and we shall presently nec made all his arrangements for 'giving them hell.' Mr. Deering says that soon after he met Mr. Johnson again, who inquired for Mr. Turner, the city marshal. Mr. Deering told him he would be too late with his officers, for the Mississippians would be gone, to which Johnson responded, there were enough gone there, that if they came down their hides wouldn't hold shucks. What did this mean if it did not indicate that the conspiracy had already been formed, and a portion of the conspirators assembled at the ‘Galt House' for the purpose of preventing the game froin escaping, and holding it at bay until the arrival of the rest of the hunters? They had gone, too, in sufficient numbers to authorize the classical boast of Mr. Johnson, that if they (meaning the Mississippians) came down their hides wouldn't hold shucks.'
" There is one more witness who is positive to the point. It is Mr. Harris. He swears clearly and unequivocally that Mr. Johnson met him on the evening of the affray, told him that the Mississippians had insulted Mr. Redding, and directly solicited him to go with Redding's friends to the 'Galt IIouse' and see him righted. Mr. Harris says he refused to go. Whereupon Johnson exclaimed, 'Are you a friend of Redding's?' Thereby showing how strong was the feeling when eren a mere refusal to participate in the violence was considered as a proof that the man refusing was no friend of Redding.
"Such, gentlemen, is the positive proof of the conspiracy. It consists of the evidence of three disinterested and honest witnesses, two of whom were directly and strongly solicited to participate in the matter. The testimony of each of these witnesses corroborates that of the other two. The facts sworn to have a natural order and connection. There is a verisimilitude about the whole story which would not belong to either portion by itself. The testimony is entitled to much more weight than if it had been the recital of a single witness, for if you believe one of the witnesses you must give credit to all. One of them swears that he heard Johnson in Redding's shop propose to Redding and his friends that he should get Bill Holmes and 'give them hell.' The next witness saw Jolinson on the street immediately after in company with Bill IIolmes, who seems to have been the Achilles of these inyrmidons, explaining to him how his dear Patroclus, Redding, had been insulted by the hectoring Mississippians, and urging him to vengeance. Again the same witness met Johnson, and was informed by him that a portion of his banditti had already taken possession of the passes of the Galt House,' and that if the Mississippians appeared, their hides wouldn't hold shucks.' The third witness swears to a positive solicitation from Johnson that he should join in the foray, and to the expression of his strong indignation by this slayer of cattle upon his refusal to do so.
“Johnson was the • Malise' of the party, “the messenger of blood and brand sent forth to summon the clansmen true.' Too well did he perform his duty; he collected his friends and conducted them like beasts to the slaughter, while he himself found the 'manhood' whichi, according to his boast, distended his hide rapidly descending to his heels. But enough for the present of this vaporing worthy; I shall pay my respects to him hereafter.
“I will now proceed, in pursuance of the plan I had prescribed, to show the existence of the conspiracy by the circumstantial evidence, which is, if possible, more irrefragable than the direct testimony, but yet most beautifully illustrates and confirms it. I will exhibit to you a chain of facts linked together by a natural and necessary connection which I defy even the strong arm of the opposing counsel to break. I will weave a cable upon whose unyielding strength the defence may safely rely to ride out the storm of this furious prosecution.
“Mr. Redding went to the ‘Galt House' after the affair at his shop for the purpose, as he avows, of obtaining the names of the Mississippians, that he might procure process against them from the civil authorities. On his way, as he confesses, he armed himself with a deadly weapon, which, however, I am bound in justice to say, he never had the courage to use. A number of individuals accompanied and followed him, whose manner and strange appearance excited universal attention even in the bar-room of the most frequented hotel in the Western country. Their strange faces and strange action excited general apprehension. Nearly every witness to the unfortunate catastrophe has deposed that he was struck with the * strange faces' congregated in the bar-room. The learned counsel on the other side has attempted to prove in the examination, and will, no doubt, insist in the argument, that that room is daily crowded with strangers from every part of the country; that the excellence of the fare and the urbanity of its proprietors invite to the “Galt Ilouse' a large portion of the travelling public; and that consequently it is no wise remarkable that strange faces should be observed in the bar-room. Though I admit the gentleman's premises I deny his conclusion. That strangers should fre quent the Galt House' is not wonderful, and for that very reason strange
faces under ordinary circumstances arouse neither remark nor attention. That the “strange faces' of Mr. Redding's friends should have excited remark and scrutiny, not only from the inmates of the house but from strangers themselves, is truly wonderful, and can be accounted for only by admitting that there was something very peculiar in their conduct and appearance.
They went there prepared for preconcerted action. Having a common object, a well-arranged plan, a glance or a motion sufficed to convey intelligence from one to the other. Tell-tale consciences spoke from each counte
Their looks, unlike the mysterious sign of the mysterious brotherhood, gave up to the observers the very secret they thereby wished to conceal. There is a strange and subtle influence, a kind of mental sense, by which we acquire intimations of men's intentions even before they have ripened into word or action. It seems on such occasions as if information was conveyed to the mind by a sort of natural animal magnetism without the intervention of the senses. Thus in this case all the bystanders were impressed at once with the conviction that violence was intended by the strange men who had attracted their attention. These men, it is proven, were the intimate friends and companions of Redding. Most of them, though living in the city of Louisville, were not in the habit of going to the 'Galt IIouse,' and yet by singular coincidence had all assembled there on that occasion. They were remarkably stout men, the very élite of the thews and muscles of Louisville, and many of them noted for their prowess in the vulgar broils of the city. Why had they thus congregated on this occasion? Why their strange and suspicious demeanor? I will show you why. It will not be necessary to await the actual fight to become fully conversant with their purpose. It found vent in various shapes, but chiefly buhbled out in unguarded remarks and almost involuntary expressions of the more garrulous of the party. I shall be compelled, even at the risk of being tedious, to glance at the evidence of a number of witnesses in showing you the circumstances at the Galt House' which conclusively indicate the existence of a conspiracy.
“Mr. Everett, one of the proprietors of the Galt, says he was admonished by his bar-keeper that a difficulty was about to arise, and he had better persuade Judge Wilkinson out of the bar-room. Accordingly he went in, took the judge away, and gave as a reason that he was alarmed, not because the faces were those of strangers, but because of something in their appearance which indicated concert and threatened violence.
“Mr. Trabue was waiting in the room for supper, and says he heard some one remark, ‘ If the Mississippians had not gone up-stairs they would have been badly treated,' in connection with which remark Redding was pointed out to him. This, it seems, was after the judge bad retired at the solicitation of Mr. Everett. Now who were to have treated the Mississippians badly except Mr. Redding and his friends? Who else had any pretence for so doing? Can you doubt for a moment that the remark had
reference to Mr. Redding's party? It was probably made hy one of them, but whether by one of them or a stranger, it equally indicated their violent determinations. Mr. Trabue also proves that after Judge Wilkinson retired Mr. Redding also retired, and when the judge returned into the bar-room Redding presently returned, followed, to use the language of Mr. Trabue, by • a right smart crowd of his friends.' Now why did Redding thus go out and return with his gang at his heels? Why were his movements thus regulated by the motions of the judge? Wherefore was it that every one expected a difficulty ?
“Mr. Redding, according to his own story, went to the "Galt IIouse' simply for the purpose of obtaining the names of the gentlemen who had insulted him. Ile had accomplished his ostensible object: he bad obtained the names, and more than that, he bad gratified his base appetite by abusing one of the gentlemen in the most indecent and disgusting manner. No rowdy who ever visited his coffee-house could have excelled him in this, to the vulgar mind, sweet mode of vengeance. He had even driven the judge from the room by the orerwhelming torrent of his Billingsgate epithets. To use an expression suited to his comprehension and feelings, he remained 'cock of the walk.' Yet he was not satisfied. He retired and watched the return of the judge, and then, emboldened by his previous impunity, followed with his cut-throat band to complete the work of vengeance.
"But to proceed with the circumstantial evidence. Mr. Montgomery states that he was with Mr. Trabue at the 'Galt House.' When Redding came in after the names, and also when he came back just before the conflict, he heard him use very rough language, and also heard IIalbert remark that there would be rough work with the Mississippians.' Now this corroborates the testimony of Mr. Trabne on the same point, who heard the remark but did not recollect who made it. This Marshal IIalbert is the man who boasted, after the affair was over, that he had knocked down one of the Mississippians with a chair while his back was toward him, and recounted many other feats of daring to the astonishment of the listeners. I should judge him to be of the blood of honest Jack Falstaff, whose killing, as everybody knows, was by word of mouth, and whose deeds of desperate valor were so unfortunate as to find neither historian nor believer except himself. At all events, Halbert, by his own confes. sion, was one of the conspirators, and I have no doubt performed his part in the fray as well as he knew how, and with much greater humanity than he pretends. In addition to the above remark of IIalbert's, Mr. Montgomery states that he heard several persons say at the time when the defendants were not in the room that they would beat the Mississippians well.
“General Chambers, who lives opposite the 'Galt IIouse,' and is in the daily habit of visiting it, says he went into the bar-room just before the affray, that he observed persons whom he was not in the habit of seeing
there, and that from their appearance and demeanor his suspicions were immediately aroused. I attach great weight to the testimony of General Chambers. His character for intelligence and observation needs no comment from me, and the fact that his suspicions were aroused must convince every one that cause for alarm existed.
“The next testimony to which I shall refer is that of Mr. Oliver. He says that he was acquainted with Mr. Meeks, and was taking a social glass with him on the evening of the affray, when Meeks started off, saying he must go to the ‘Galt House' (which was on the opposite side of the street); that he was bound to have a fight that night, and, by G_d, he would
You will recollect that Meeks was one of the persons who collected around Redding immediately after the affair at the shop and seconded Johnson's proposition to get Bill Holmes and 'give them h-ll' by saying, “They would go anyhow, and have a spree.' Can you doubt for a moment that the observation made by this unfortunate man to Oliver, as just recited, had reference to the previous arrangement with Johnson and others at Redding's shop? The remark of Meeks seems to me, taken in connection with his previous and subsequent conduct, almost conclusive of itself of a conspiracy. I had almost forgotten to observe Mr. Oliver's statement, that Meeks, before he started, tied a knot in the small end of a cowhide which he carried, manifestly to prevent it slipping out of his hand in the conflict which he so eagerly courted. His knife, by a sort of pious fraud, had been taken from him by Mr. Oliver, otherwise the result might have been very different. The prudent caution of Mr. Oliver in disarming him of this weapon proves how strong must have been the indications of his violent disposition.
“ Mr. Reaugh says he was at the Galt House' on the evening of the affray and saw Redding in conversation with Rothwell and Halbert ; he also saw Holmes and Johnson. Something in the demeanor of the party induced him to ask Johnson what was the matter. Johnson replied by relating the affair in the shop, upon which Reaugh observed, 'If the Mississippians fall into the hands of these men they will fare rather rough. Yes,' replied the worthy butcher, they would skin them quicker than I could skin a sheep.' Mr. Reaugh states that he made the remark to Johnson because of the remarkable size and strength of the men to whom he alluded, the strange manner in which they assembled, and the fact that he knew them to be friends of Redding's, and that Redding had been in a quarrel with the Mississippians.
"Mr. Miller states that he being a member of the grand jury and having heard of the affray at Redding's, he went into a tin-shop to inquire about the matter, when Mr. Halbert came in and boasted much of what he intended to do. Witness then went to the ‘Galt House' for supper, when he heard Redding abusing Judge Wilkinson and challenging him for a fight.' Witness advised IIalbert to take Redding away, observing that he, witness, was on the grand jury, had the names, and would have