New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-07-10
THE ASSAULT UPON MIR. SUMNER.
SPEECH OF BROOKS BEFORE TIE COURT.
Erom The WeAAinQton Star. JsIy9.


From The Washington Star, Jsiy9
Hon. p. S. Brooks appeared bt fore Judge Crawford
at 10 O'Clock this morning. to answer 10 the charge OF
assault upon S. natos Sumner. Mr.. Brooks was &c
compsned by Senator Batter and number OF other
friends.
The District Attorney appeared for the United
States ard John A. Linton, esq, and Hon. Mr.. Or,
of South Carolira, for defence.
The District Attorney read the correspondence that
had pared between h4 snd M. su"n,r-a letter
fro m Mr.. Sumner, dated Silver Spring Juoe 30, in
which he expressed his inability to attend on the day
assigned for the trial; letter from the District Attor
ney to Mr.. Sumner, stating that witnesses were in
waiting from oil, aDce, who were anxou, to be ex,
amiped, AID ibquirpg what day his health would
permit him TO appear. and il he would be wiling to
accept the proposnonof defendantsc unset tn submit
the case upon the evidence before the House Comm-
tee letter fiom Mr.. Sumner, IN reply, EXPIRE 'sing
surprise at the communication OF the Detrict Attor
Dey that he (Sumner had nothing to do with the case
directly ndire city, that it's Whole cotduct belonged
10 the Attorney Of the United States tier from Mr.
Key, ply ing that though the conduct OF the case be-
onged to the Attorney Of the United Satea he dd not
supt ose that any the desire of publ prosecutor
to confer with and consult the wishes OF the injured
patty would excite surprise; that having received no
his inquiries the trial would proceed on tne
9Th of July, at which time he hoped mr. Sunner
would be able to atteIG; letter from Mr. Su inner
that be would not PFC baby be able to attend at that
time and reterating bis desire not to take any part IN
the pro eedirg.
The examination Of witnesses was then entered upon.
l..
NJ. Ke,t Sc nator Peace, Senator TOombs. Dr. Boyle
Dr. Lindsay and Senator Bel jamin we've examined
the evicebce being substantially the same as that
elected before the Col gressional Committee.
Senator BE- Djanin testified to Summers speech nav
ing been print, in advance Of It's delivery. .
Senator Toombs while the stano at the request OF
the cou e for the Defense read from the speech OF
Mir. Sumner the portion attacking Senator Butler ana
South Carolina.
The evidence being concluded, Mr.. Brooksrose, and
the TIN opp,d Court room listened in absorbed silence
while he proce eded to ADDRESS the Court, as follows:
May it pl.sse your Honor May oe Pe'%ittea 10
IN person before this honorable Court Simply 20 receive
it, Judgment. would have preferea thar tne Person
upon shom the assault was comm TIED hau DeeL ptee
ent 10 answer whether not bis speech when hoeieo
nv State and blood was printed before it, delivery 10
The Senate. feel confident that under oath he coud
not have denied ihs fact, which, with Que oete!ehceo
your Honor regard as material 10 my DEFENSE oso
much a. libel il cOItrery TO law aDd to THAI ex,en.
would operate in extenuaton Of my ofense. l would
Ike to have inquire Of him. il petson, as TO Tue oe
gree Of his p,r,onal Injuries, and to nave oeeh III
foimtd il what way be could feconcne tDae PArt
lie statement az TO the worcs used % M "ueH
the ssauli was made with the s, n'ence which inne
oiaty succe. ds til language in bis testimony oetye
the Investigating Committee, and which Is % LII
lows . ,A
"'Wbile these words were passirg fiom his tmyl
lips he commenced succession Of blows with 9eaVy
oape CD by bare head, BY ne first Of Th'eh 3''
Stun Cd so a. TO lore sight .ouaa
at would have gratiied me- had be been couPeesct
10 al swer uncer oath os to the violence OF the 1r.
blow, which, aver, WAS but tap, aud igte aeu 20
put him on bis guard. But, Sb, be is Al.
&c bera'ey sbstht and on travel, observation-disclosures
.x oays ago this postponed on accouh VI n.'
exti.ne cispositicn and The materially Of bis te.
nohy ard yet, With all these eisad vantost' Pr
to receive the judgment of th' Court than 10
dtnce IN cef ME. have sready aeconplishsd nore
than bali Of the journey of fife, and This 10 me met
tine Il n, /, has been my uir'oruIe to ne arasn'a
NV courtn corfss Sir, snd without shame that
NJ .. psblitits are diturbed by my novel posll on
and have but 10 express u profound rgr' thar In
di-ci sr,ng duty in Posed upon M by my oWh sen
m, ,ide anc horror TO repre- seut Am constrained a.
consequence to approach you vioia'er Ano not as
maker Of the lsws.
"In exterua'ion of nv ohers- penn nv 70 "a :!
thst 70 x,,aor az power ofi hton requisite 10