The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-10
The Sumner and Brooks Affair.
TRIAL, SPEC AND SENTENCE OF HON. PRESTON s..


from the Washington STAR July 81
Hon. s Brooks appeared before Judge Crawford, at
10 o'clock This morning 70 answer 70 the charge OF as
MED by senator Butler and number OF other friends.
The District Attorney Appeared for the United states
and John 4. Linton Esq, and Hon. Mr.. Orr OF South
Carolina, tor defence.
The District Attorney read the correspondence that had
passed between him and Mr. sumner-a letter from Mr..
sumner dated Silver Spring June 80, In which he
his attend the day assigned for the
trial. letter from the District Attorney TO Mr. sumner,
stating that witnesses in waiting from distance,
who anxious TO be examined, and inquiring what
day s heshh would permit him 10 appear, and If he
would be willing accept the proposition OF desendants
counsel to submit the upon the evidence before the
House committee letter Of Mr.. Sumner in reply, ex-
Attorney that lie (>umner) had nothing To do With the
directly Indirectly; that It's whole conduct be-
NJ Key replying that though the conduct OF the be-
iopged to the Attorney OF the United states be did not
suppose that in any the desire Of public prosecutor
with and consult the wishes OF the injured party
would excite SURPRISE that having received answer 70
inquiries the trial would proceed the sth Of July,
which he hoped Mr.. Summer would be able TO at
tend letter from sumner that he would not probably
be able 10 attend at ut time and reerang his desire
not 10 take any part IN the preceding.
The examination of witnesses was then entered upon.
William Y. Leader, James W. Simontou Hon L. n.
Keiu, Senator Pearce. senator Toomhs, Dr. Boyle Dr.
Lindsay aud Senator Benjamin were examnsd-the evil
being substantially the that elected before
the Congressional committee.
Senator Benjamin testified 10 Summers speech having
cen printed IN advance Of its delivery.
SENATOR Toombs while the stand, at the request OF
The counsel for the deenoe read from the speech Oh MI
the portion attacking Senator Butler and south
aropa
The evidence being concluded, Mr.. Brooks rose, and
the thronged court room listened In absorbed silence
While he proceeded in few brie words most appropri
siely expressed, to address the Court, as follows
May il Please your Honor--Nay be permitted TO say
wordY rJuoge Crawford--Certaniy.l ! appear In per-
son before this honorable Court simply 70 receive its
judgment would have preferred that the person upon
whom the assault committed had been present 10
answer whether or his speech which beled my State
and my blood printed before It's delivery in the
have denied th- fact which with due Difference 10 your
Honor. regard material 10 my defence, insonuch
AZ libel l. contrary 70 law and to that extent would
operate in e1tenuatioa OF NY onsnce
would Ike have inquired q him, in person, 10
degree of hrs personal injuries, and 70 haze been in
iurued II what way could reconcile that part Of his
tat. meut the woris used by when the assault
mace with the serience sa ifrmcj acly succeeds
this language in biz testimony before the Investigating
Ccnmfisc, and which j. as follows
While these words passing from lis imyl hps,
he commcbocd Succession OF blows with navy cane
my bare hcaa ~ the usi Of which vas stunned so
10 Csc sight
Ii would lave gratned me had he been compelled TO
under cain as to the violence 81 the nst blow
which aver was but tap and intended 10 put him on
HIS guard.
But sir be conveniently and deliberately abscn and
tav Notwithstanding but six days ago this
p0stponed Of bis extreme Idsposion and the
msteraty Of bis testimony and yet with all these dis.
rather than 10 continue Ia suspense.
il is not my purpose 10 adduce any evidence In de-
fence.
Journey Of lie and this = the first tine that has been
my misfortune n be arragnei before any judicial ri
buna abreaker Of any law Of my county. confess
sir and thout shame, that my sensibilues are dr.
trrbed b, my novel position and have but 10 express
my profound regret that IN discharging duty imposed
upon by ny q ri tht and the sentiment ~
the gallant people my pride and honor 10 represent
am constra.ped a. consequence 70 approach you a.
vioator and not a maker u the laws.
In extenuaton % nv offence permit me 10 say tina,
extraordinary power II Invention i requisite 20 imagine
a variety II personal griet acs. which he good q soce
" and public morality require 10 he redrcssed; AMI
yet adequate e<a remedy may be had. -, also,
those which may fall under the cndefnnatnn OF
the letter Of the sw and yet like considerations vii
strain ~ penalties Tie VILLAIN who pcrvcrts the best
feelings a. the bxsr and rewards unsuspecung de
voton with run may BID defiance 70 this honorable
court Put where sisters dishonor blotted out with
the blood Of her destroyer intelligent and wholesome
public opinion, eniboiied intelligent and and vIu
jury, always has and always VIII. control the law
and popular sentiment VIII applaud What the books may
condemn.
II {. The glory # tho law usr ia founded IN reason
But that reasoning be lua which IS nN rcgarful of
human ieeDg Sr, no one knows better than yourself
that such repruach does not rest upon our iurspru
tenderness husband who Stays the the usurper
q has bed. The child who kills In defence Of IL parent
excused BY the NV, which Il ever resardfui Of the viz
BY a Jarity Of reasoning Tatrioasn Is regarded by
every upon earth the cardinal political virtue
made 20 reward H. and 70 perpc,aate the
Of uose VITO are IL exemplars. And Il be expected
will be rcguircc-tbat j. with heart 70 feel and an
arm 70 strike, shall patiently hear and ignooly submit
oquy, and dshcnorf-whilencr character sllndcred,
and her reputation hbelledf
Sir The substance which have been gathering for my
children may be squondered my body may be consigned
70 the common all my life itself may be forfeited, but
viii be true ~ the instincta " my nature the
bone ~ my maturity and 10 the m ther that bore
The FIRST yoltsal lessnn which my rpening faculties
fully oonprehcnced aud appreciated the high moral
add soca obe dons 81 every citizen " bow himself b.
the majesty ofte Law, In obedience precepts Of
my oUth, whrh are sanctioned by the experience and
judgment ~ mature years submit my " the Dis.
Al viii
you, sir magistrate perform your whole duty 70 the
country and yourself you viii remember that IN every
regulated community, public opinion Distinguishes be
crime and honorable recruitment, and 'srlTs the
refuge which sometimes seek the magnaniruty q
their judges.
Iron the cnbclusion o. Mr. Brcoks's remarks, JUDGE
Crawford proceeded % give the following decision
As thss m sfer vl be within a short time the subject OF
invcstgstjou ~ another place and u s not necessary
the discharge 81 my duty stI should remark the
evidence adduced which could not do without toGng
OF the points that vii probably be raised
vheee asprs o me 70 BE- proper that the sentence II
be Court should be pronounced without comment That
n u that the defendant fine OF 1900