Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1856-08-16
The Brooks and Sumner case--rrial, Speech
ofMr. Brooks, Sentence, etc.

~ SCUM thfoliHdi lot tue 'esauN ~" SS"N'N'
Sumner. Although the result y already
known, many persons are desirons ol seeing
lhe remarks made by Mr.. Brooks at the Inal'
Therefore We copy the report IN full which Is
!, as follows:
Hon, p, S. Brooks appeared before Judge
Crawford Al 10 o'clock tins morning TO answer
to the charge ofassaul upon Senator Sumner
Mr. Brooks was accompanied By Senator But
Ter aud number OF other friends,
The Disirer Attorney appeared for the U.
/. s., aud jain 4. Linton, Esq, aud Hon. Mr
| Orr, Of South Carolina, for defence. i
The District Attorney read the coTespnn'
drnce that had passed between him aud Mr.,
Sumuer-a letter from Mr., Sumner dated
Silver Spring, June Both, in which he eXPress'
ed his inability to attend on the day assigned
T Tor the trial; letter from the Dist. Attorney
4 % Mr.. Sumner stating that Witnesses were IN
waiting from a distance, whn were ANXIOUS TO
be examined, and iHquiring what ddY lie
health would permit him TO appear, and II he
would BE- willing to accept the proposition OF
/, defendants counsel TO submit the case upon
the evidence before the House committee n
letter OF Mr.. Sumner in reply, expressing sur
prise az the communication OF the District
Attorney; that he (Sumncr) had nothing 10 do
with the cnse directly or indirectly; that i's
whole conduct belonged 10 the Attorney OF the
United States q letter from Mr.. Key replying
that though the conduct Of the ease belonged
TO the Attorney Of the United States, he did
, not suppose that IN any case the desire OF
public prosecutor 10 confer with and consult
the wishes of the injured party would excite
surprise; that having received no answer TO
: his inquiries the trial would proceed an the S;h
Of July, at which time he hoped Mr.. Sumner
4 would be able 10 attend; letter from Mr.
y Sumner that he would not probably be able to
! attend at that time aud reiteratng his desire
not to take any part in the proceeding.
" The examination Of witnesses was then en-
tered upon.
William Y. Leader, James ". Simonlcn,
Hon. l.. NJ. Keti, Senator Pearcc, s nnlor
,, roomhs, DR.. Boyle, DR.. Lindsay, and Senator
Benjamin were examined, the evidence being
substantially the same as that eliciIed before
the congressional committee.
Senator Benjamin testified to Summers
speech having been printed in advance of its
delivery.
= Senator Toombe. while on the staad, at the
request Of the counsel for the defence, read
e from S1muer's speech ,hc portion atuobiog
! &euator Bn'eg and South ClroLiaa.
i'sfs" ..ssg evidence being concluded, Mr Brooks
rosa, aud the throngcd courtroom listened m
absorbed silence while he proceeded in few
brre( words most appropriately expressed, 30
address the court as follows:
May il please your honor: May be per-
mited to say word? Judge Crawford
o Cerlainly.l | appear in person before this
). honorable court simply to receive its judgment.
i would have preferred that the person upon
? whom the assault was committed had been
present to answer whether or not his speech,
which libeled my State and my blood, was
s printed before its delivery in the Senate. feel
confident that under oath he could not have
n denied this fact, which, with due reference TO
your honor, regard as material to my defence,
inSomuch as libel is contrary to law, and 10
that extent would operate in eXtenuation Of
my offence.
wonld like to have inquired of him, in
person, as 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 investigating committee, and which is as
follows:
| "Whlle these words were passing from his
r (my) lips, he commenced succession of blows
, with heavy cane on my bare head, ky the
first Of sAich / was stunned so as to lose
sight
J 81, would have gratifed me had h been
compelled to answer on oath as TO the violence Of
the first blow, which, aver, was but ta;,,
and intended to put him on his guard.
al p,,t h,,. I Il
y absent and on travel, notwithstanding but
SIX days ago this case was postponed on &c.
count of his extreme :ndisposion and the
; ma'eraity Of his testimony; and yet, with all
these disadvantages, I prefer to receive the
! Judgment Of the court than 10 continue in sus.
, pense.
ut IS not n1y purpose TO address any evidence
in defence.
+ II have already accomplished more than
2 half of the journey Of life and this is the first
t time that it has been my misfortune 10 be ar
I raigned before any judica tribunal as a break.
: er of any law Of my country. | confess, sir
=. and without shame. that my sensblities are
| disturbed by my novel position, and have but
TO express my profound regret that, in discbar-
t glng 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,
am constrained as a consequence TO approach
YOU as violatcr and not as maker Of the
laws
"In eztenuation Of my offence, permit me to
say that no extraordinary power of inventon
is requisite TO imagine 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 petveris the best feelings Of
the better sex, and rewards unsuspecting devo-
ton with ruin, may bid defiance to this honor
, able court But where a sisters dshonor is
blotied out with the blood Of her destroyer, an
. infellirenf and whnlesnme nnhlic nnininn