Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-08

4, NoVhS AND CUhSER CAsI.-Hon. p.
>: Brooks appeared before Judge Crawford az
IN o'clock this morning to answer To the charge
OF assault upon Senator Sumner. Mr.. Brooks
was accompanied by Senator Butler and a
number of other friends.
Inc district Attorney appeared for the
United States, and John A Linton, ESQ, and
non MI: UT, OF South Carolina, for defence.
Inc Oistflct Attorney read the correspon-
dence that had passed between him and M
Sumner-a letter from Mr.. Sumner. dated
silver Spring, June 80, in which he expressed
ms inaoiilty to attend on the day assigned
Ior the trial; letter from the District Attor
hey 10 Mr.. sumner, stating that witnesses
were In waiting from a distance, who were
ANXIOUS TO be examined, and inquiring what
DAY MS health would permit him to appear. and
II ne would be willing to accept the proposition
~ - oeienuants counsel to submit the case upon
the evidence before the House committee
letter OF Mr. Sumner in reply, expressing
surprise at the communication Of the District
attorney; that he (Sumner) had nothing to do
with the case directly or indirectly that its
whole conduct belonged to the Attorney of the
United States; letter from Mr.. Key reply
ing that though the conduct of the case be
longed to the Attorney of the United States, he
did not suppose that in any case the desire of A
public prosecutor to confer with and consult the
wishes of the injured party would excite sur.
prise; that having received no answer to his in.
qulries the trial would proceed on the Sth of
July, at which time he hoped Mr.. Sumner
would be able to attend a letter from Mr..
sumner that ne would not probably be able to
attend at tnat time and reiterating his desire
not TO take any part in the proceeding.
The examination Of witnesses was then en-.
tered upon ''A vi
William Y. Leader, James w. simopton.
Hon. L. M. Keitt, Senator Pearce. Senator
Ioombs, DIR. Boyle, Dr. Lindsay, and Senator
benjamin were examined, the evidence being
SUBSTANTIALLY the same as that elected be-
fore tho Congressional committee.
Senator Benjamin testified to Summers
speech having been printed in advance of its
delivery.
Senator Toombs, while on the stand ut the
request of the counsel for the defence, read
from the speech of Mr.. Sumner the portion
attacking Senator Butler and South Carolina.
Inc evidence being concluded, Mr.. Brooks
rose' and the thronged courtroom listened in
ABSORBED silence while he proceeded, in few
brief words, most appropriately expressed, to
address the court, as follows:
May 1t please your Honor: May be per-
mitted to say wOrd2 Judge Crawford
Certainly 1 appear in person before this
honorable court simply to receive its judg-
ment. would have preferred that the per.
son upon whom the assault was committed
nad peen present to answer whether or not his
speech which libeled my State and my blood,
was printed before its delivery in the Senate
feel confident that under oath he could not
have denied this fact, which with due defer.
ence to your Honor, regard as material to
my defence insomuch as q libel is contrary
to law, and to that extent would operate in
extenuation of my offence.
would like 10 have inquired of him, in
person, as to the degree of his personal iniu-
rles, 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 immedi-
ately succeeds this language in his testimony
before the Investigating Committee, and which
| is as follows:
"While these words were passing from his
| [myI lips, he commenced succession of blows
with heavy cane on my bare head, By the
| tTst OF achicA soas stunned so as to lose
sight"
1t would have gratifed me had he been
compelled to answer under oath as to the vic.
| lence of the first blow, which, 1 aver, was but
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
| Oh ms extreme lndisposition and the materi.
| atty OF his testimony and yet, with all these
disadvantages, prefer to receive the judg-
| ment Of the court than to continue in suspense
1t is not my purpose to address any evidence
| in defence.
L have already accomplished more than
half of the journey of life, and this is the first
| time that 1T has been my misfortune to be ar
| raigned before any judicial tribunal as a
breaker of any law of my country L confess,
| SIR, and without shame, that my sensibiIities
are disturbed by my novel position, and 1
have but to express my profound regret that
| In discharging a duty imposed upon me by
| my own sense of right and the sentiment Of
the gallant people it is my pride and honor to
1 represent, / am constrained as a consequence
| to approach you as violster and not as
maker Of the laws.
In extenuatiOn Of my offence, permit me to
say that no extraordinary power of invention
| is requisite to imagine a variety of personal
| grievances, which the good of society and
even public morality require to be redressed;
| and yet no adequate legal remedy may be
| had. SO also are those cases which may fall
| under the condemnation of the letter of the
law, and yet like considerations will restrain
its penalties. The villain who perverts the
| best feelings of the better sex, and rewards
| unsuspecting devotion with ruin, may bid
defiance to this honorable court But
where sisters dishonor is blotted out
| with the blood of her destroyer, an intelligent
and wholesome public opinion, embodied in
| an intelligent and virtuous 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 it is founded in
| reason. But can that reasoning be Just which
is not regardful of human feeling? Sir, no
one knows better than yourself that such a
reproach does not rest upon our jurisprudence
| for, even the stern letter of the law touches
| with tenderness the husband who slays in the
act the usurper Of his bed The child who
kills in defence of its parent is excused by the
law, which is ever regardful of the virtuous
| impulses of nature.
By parity Of reasoning, patriotism is re-
garded by every nation upon earth as the car.
| dinal political virtue. Sons are made to re-
ward it, and to psrpetuate the names Of those
| who are its exemplars. And can it be ex-
pected-vill it be required-that /, with
| heart to feel and an arm to strike, Shall pa
ticntly hear and ignobly submit while my po-
| htical mother is covered with insult, and OBJ
| lOquy, and dishonor? while her char acter is
| slandered, and her reputation libeled?