Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1856-07-16

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TRIAL OF HON P. s. BROOKS FOB ASSAULT ON
SENATOR SUMNER.
Tn the Criminal Court Ut Washington Wed
nesday, Hon. P. S. Brooks appeared before
Judpe Crawford to answer to the charge OF as
sault upon Senator Sumner. Mr.. Brooks was
accom- panied by Senator Butler and number
of other friends. The District Attorney appear
ed for the United States, and John A. Linton
ESQ. and Hon. Mr.. Orr of South Carolina, Tor
defence. The Star of Thursday evening gives
the following report:
The District Attorney read the correspondence
that had passed between him and Nlr. sumner
"a letter from Mr.. Sumner, dated Silver Spring
June 80, in which he expressed mis- 'naoi'y 10
attend on the day assigned for the trial; letter
from the District Attorney to Mr.. Sumner s!a-
ting that witnesses were IN walllns from ois
tance, who were anxious to be examined, anu
;nouirino what day his health would permit hin
IN nnnear. and if he would be willing to accept
tbe proposition of defendants coansel, to sub
init the case upon the evidence before the House
committee; letter of Mr.. Sumner in reply ex-
pressing surprise at the communication OF lhe
District Attorney, that he Summed had nothing
TO do with the case directly or indlrectly that
ia whole conduct belonged to the Attornev OF
the U. States letter from Mr. Key; replying
that though the conduct of the case belonged 10
the Attorney of the U. S. he did not suppose
that in any case the desires Of public proSeeu'
tor to confer with and consSS the wishes OF ihe
;ninred party would excite surprise; that having
received no answer TO his inquiries the lra'
would proceed on the 9Th of July, at whlch
time he hoped Mr. Sumner would be able to at.
tend F.; a letter from Mr. Sumner that he would
not probably be able to attend ut that ume' ana
reiterating his desire not to take any part Ill le
proceedings.
The examination of witnesses was then enter
ed upon. -,
William Y. Leader, Jamcs w. Simonton'
Hon. L. M Keilt, Senator Pearce, Senator
Tombs, DR.. Boyle, DR.. Lindsay and Senator
BENJAMIN were examined, the evidence being
substantially the same as that ellclted before lhe
Congressional committee
Senator Benjamin testified to Summers speech
having been printed in advance OF its delivery.
Senator Toonbs, while on tho stano' al Inc
request of the counsel for the defence, read
from the speech of Mr. Sumner the portion ut.
tackiue Senator Butler and South Carolina.
The evidence being concluded, Mr.. Brooks
rose, and the thronged courtroom listened IN
absorbed silence while he proceeded, in few
brief words, most appropriately expressed, 10
address tho court rs follows:
MAY it please your Honor: May be permit
ted 10 say a word! Judge Crawford-Certain-
ly.l appear in person befure this honorable
court simply to receive its judgment. would
have preferred that the person upon whom the
assault was committed had been present to an
nv Stale and my blood was printed before lis
delivery in the s nate. ! feel confident that
under oath he could not have denied this fact,
which, with due Difference to your honor, re.
gard rs material to my defence, inasmuch as
libel is contrary to law, and 10 that extent would
operate in extenualion Of my offence.
would like to have inquired Of him. in per.
son, a. to the degree of his personal injuries.
and TO have been informed in what way he could
reconcile that part of his statement as to the
words used by me when the assault was made
with the sentence which Immediately succeeds
this language, in his testimony before The In.
vesigating Committee. and which is az follows:
awhile these words were passing from his
Tmy1 lips he commenced succession of blows
with heavy cane on my bare head, by the first
of ,ohich 1cas stunned SO as 10 lose sight"
It would have gralified me had he been COM
PEELED TO answer under oath as to the violence
of the first blow, which, aver, was ou: tap,
and intended TO put him on his guard.
But, sir, he is conveniently and deliberately
absent, and on travel, Notwithstanding but six
DAYS ago this case was postponed on account Of
his extreme indisposilion and the materially OF
his testimony; and yet. with all these disadvan-
tages, prefer to receive the Judgment of the
court than to continue in suspense.
have already accomplished more than half
of the Journey Of life, and this is the first time
that it has been my misfortune TO be arraigned
before any judicial tribunal as a breaker of any
law of nv country. confess, sir, and without
shame, that nv sensibilites are disturbed BY
nv novel position, and | have but TO express
nv profound regret that in discharging duty
imposed upon me by my own sense OF right and
the sentiment of the gallant people it is my pride
md honor to represent, ain constrained as II
consequence to approach you rs vioator and
not as a maker Of the laws.
In extenuation of my offence, permit me to
say that no extraordinary power of invention Is
requisite TO imagine variety of personal griev-
ances, which the good Of society and even pub
lie morality require 10 be redressed and yet no
adequate legal remedy may be had. SO also
are those cases which may fall under the con-
demnation of the eter'of the law, and yet like
considerations will reslran it's penalties. The
villain who perverts the bsst feelings Of The
better sex, and rewards unsuspecting devotion
with ruin. may bid defiance 10 this honorable
court But where sisters dishonor is blotted
out with the blood of her destroyer, an in,elli-
gent and wholesome public opinion, embodied
in an intelligent and virluous jury, always has,
and always will, control the law. and popular
sentiment will applaud what the books may
condemn.
1t is the glory of the law that il is founded in
reason. But can that reasoning be just which is
not regardful of human feelings! Sir, no one
knows better than yourself that such reproach
does not rest upon our Jurisprudence; for. even
the stern Litter of the law touches with tender
ness the husband who slays in the net The usur
per of his bed. The child who kills in defence
of its paren, is excused by the law, which s
ever regardful of The virluous impulses of nature
BY parity of reasoning patriotism is regard.
ed by every nation upon earth asthe cardinal
political virtue. Sons are made to reward it,
and to perpetuate the names of those who nre
its excmplars-and can it be expected, will it be
required that |, with heart to feel and IN arm
TO strike. shall patiently hear and ignobly SUBJ
NIT while my political mother is covered with
insult, and obloquy, and dishonor? while her
character is slandered, and her reputation libel
lod?
Sir. the substance which have been gather
e., NV children NAV be suuandered, my