The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1856-07-22
THE BROOKS AND SUMNER TRIAL,
From the Washington Star, July 8.

Sumner. Mr.. Brooks was accompanied by
Senator Butler and a number of other
friends.
The District Attorney appeared for the
United States and John A. Linton, ESQ,
and Hon. Mr.. Orr, of South Carolina, for
defence.
VIM. L. Leader, James w. Simonton,
Hon. L. NJ. Keitt, Senator Pearce, Senator
Toombs, DR.. Doyle, DR.. Lindsay and Sen
ator Benjamin were examined-the evidence
being substantially the same as that elicit
ed before the Congressional committee.
Senator Ben jamin testified to Summers
speech having been printed in advance of
its delivery.
Senator Toom bs, while on the stand, at
the request of the counsel for the defence.
read from the speech of Mr.. Sumner the
portion attacking Senator Butler and South
Carolina.
The evidence being concluded, Mr.. Brooks
rose, and the thronged court room listened
in absorbed silence while he proceeded, in
few brief words, most appropriately ex-
pressed, to address the Court, as follows:
May it please your honor-May be per-
mitted to say word! Judge Crawford
Certainly | appear in person before this
honorable Court, simply to receive it's judg-
ment. I would have preferred that the
person upon whom the assault was commit
ted had been 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 reference to your Honor
[ regard as material to my defence, inso-
much as libel is contrary to law, and to
that extent would operate in extenuation of
my offence.
L would like to have inquired of him, in
person, as to the degree of his personal in
iuries, 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 Investigating
Committee, and which is as follows
"While these words were passing from
his my lips, he commenced a succession
of blows with a heavy cane on my bare
head, by the first of which l was stunned
so as to lose sight,
1t would have gratifed me had he been
compelled to answer under oath as to the
violence of the first blow, which, l aver,
was but tap, and intended to put him on
his guard.
But, sir, he is conveniently and deliber-
ately absent and on travel, notwithstanding
but six days ago this case was postponed
on account of his extreme indisposition and
the materialty of his testimony; and yet
with all these disadvantages. prefer to re-
ceive the judgment of the court rather
than to continue in suspense.
1t is not my purpose to adduce any evil
dence in defence. I have already accom-
plished 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 my country. l confess, sir. and
without shame, that my sensbilities are dis
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 represent, l am constrained as a
consequence to approach you as violator
and not as a maker of the laws.
In extenuation of my offence permit me
to say that no extraordinary power of in
vention is requisite to imagine a variety of
personal grievances, which the good of So
ciety 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 condemna-
ton of the letter Of the law, and yet like
considerations will restrain its penalties
The william who peryerts the best feelings
of the better sex, and rewards unsuspect-
ing devotion with ruin, may bid defiance to
this honorable court. But where a sisters
dishonor is blotted out with the blood of
her destroyer, an intelligent and wholesome
public opinion, embodied in an intelligent
and yirtuous jury, always has, and always
WILL control the law, and popular will ap-
plaud what the books may condemn.
1t is the glcry of the law that it is found
ed in reason. But can that reasoning be
Just which is not regardful of human feel
ing! Sir, no one knows better than your
self that such reproach does not rest up
on our jurisprudence; for even the stern
letter of the law touches with tenderness
the husband who slays in the act the usur-
per of his bed. The child who kills in de-
fence of his parent is excused by tbs law,
which is ever regardful of the virtuous i'm
pulses of nature.
By parity of reasoning, patriotism is
regarded by every nation upon earth as
the cardinal political virtue. Sons are made
to reward it, and to perpetuate the names
of those who are its exemplars. And can
it be expeeted-will it be required-that /,
with heart to feel and an arm to strike,