The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1856-07-17
TRIAL OF HON. p. s. BRoDks
srr -tssauh m Senate" ,SHmnsr--. .Spcech
.J' Mr. Broc:'s he Case Submit
fr.y--,SouJ J,nro ,f.

In the Criminal Court at Washington
"Wednesday, Hon. Il. :. Brooks appeared
before Judge Crawford to answer to the
charge of assault upon Senator Sumner
Mr.. Brooks was accompanied by Senator
Butler anI II number Of other (ricnls The
District Attorney appeared for the United
States, and John a. Linton, Esq and Hon.
Mr.. Orr Of South Carolina, for detencc.-
The Star Of Thursday evening gives the
following report:
The District Attorney read the cores
pondcnce that bad PASSED between him and
Mr.. Smmncr-a letter from Mr. Sumner,
dated Silver Spring, Junc 30, in which he
expressed lis lnality to attend on the day
assigned for the triad {: IL letter from the
District Attorney to Mir. Sumner, stating
that witnesses were in waiting from dis
tance, who were anxious to he examined,
Hnd inquiring what day his health would
permit him to appear, and if he would be
willing to acccp. the proposition of defend
ants counsel, 10 submit the case upon the
evidence before the IIpuse committee; IL
letter OF Mr.. Sumner in reply, expressing
surprise at the communication nf the Dis
trict Attorney, that he (>umncr) had moth
ing to DO with the c:,sc directly or indirectly;
that its whole conduct belonged to the At
torncy Of the United States letter from
Mr. Key, replying that though the conduct
of the case belonged to the Attorney Of
the Cnitcd States, he dill not suppose that
IN any case the desires Of Il public prosecu-
tor to confer with and consult the wi.hes
OF the injured party would excite surprise
that having received no answer to lis in
Iu:rics, the trial would proceed on the S;l,
ot July, ut which time he hoped Mr.. Sum
her would be able to attend; IL letter from
Mr.. Sumner that he would not probably be
able to attend ut that time, and rcitcratiny
his desire not to take any part in the pro-
cccdings.
The examination of witnesses was then
entered npon.
William Y. Leader james W. Simon
ton, lion. l.. NJ. k"i,, senator Iearcc, Sen
ator Toonhs Dr. Boyle, Dr. Lindsay an,l
Senator Den iamm were examined. the cyl
'lcnce being substantially the same rs that
clicted before the Congressional commit
tee.
Senator Ben iamin testified 10 Summers
speech having been printed in advance of
lis delivery.
Senator Toomls. willie on the stand, at
the request OF the counsel for defence, read
from the speech Of l!r. Sumner the portion
attacking SENATOR Butler and South Caro-
lima.
The evidence being concluded, Mr.. Brooks
rose, and the ,hrouy,'h court room listened
in absorbed silence willie he proceeded, in
few brief words, most appropriately cx-
pressed, to address lhr court, as follows:
May it please your Honor: MAY c
permitted to say "A word: Judge Craw-
forl--Cerla;nly. | appear in person be-
fore this honorable court simply to receive
its Judgment. wruI,i have preferred that
the person upon whom the assault was
committed had been present TO answer
whether or not his speech Which lbclc,l
my State anal my blood, WIS printed before
its delivery i'll the Senate. feel confident
that under oath he coul,i not have denied
this fact, which. with due Difference to your
honor, regard as material to my defence,
inasmuch as Il libel IS contrary to law, and
TO that extent woad operate in extcnua,ion
OF my offence.
would Ike to lave inquired Of him, in
person, AS to the degree "f his personal in
!llres, and to have been Informed in what
way he could reconcile that part Of his
statement us to the words used lv ne when
tho assault made with the sentence
wlicl, Immediately succeeds this language,
in his testimony before the Investigating
EomDIttce, and which is lis follows
=" While these words were passing from
his [lnyl lips, he commenced a succession
of blows will. II heavy cane on NV bare
Lead, by the first IF mhich / wus siyuucd
SO rs 10 lose sight"
1t would have era,ifel me had lie been
compelled to answer under oath AS TO the
violence Of the first blow, which, | aver.
was but tap, ANA intended to put him on
his guard.
But, sir, he is conveniently and deliber-
atcly absent, and on travel, notwithstanding
but six days ago this case was postponed
nu account Of his cx,rem. iudis;,os,inu and
the materially cf lis testimony; and get,
with all these disadvantages, prefer to re-
ceive the judgment OF the cou,, than to
continue !" suspense.
have already accomplished more than
half Of the journey Of lie, anl this is tic
first lime that it has been my m,fn.lu..c TO
bo arraigncd before any jn!ciaI tribunal 81,
breaker Of any law Of Inv co..nrv. !
confess, Sir, and without saInc, that nv
sens'Ii'it;es are disturbed by my move! posi-,
ton, and have but to exprc,, ,ny |,rpf1u..l
regret that in discharsiny duty imposed
upon me by my "wn sense Of .iyit ar.I
the sentiment of the g;.ian, l"ri,!e il j,
my pride and honor to represent, am c1,,-
strained rs consequence 10 approach you
as a vlolator and not I'D Il maker q; III.
Jaws.
In extcnaation Of ny ofien:c, rer.ni, nc
to say that no extraordinary po".r of IN
vention is requisite to imagine u variety ,f
personal grievances, which the ynod Of So
ciety and even public morality require U,
he redressed; and yet no adequate legal
remedy may Le had. So also are tI,o.e
cases which may fall under tic con.le,nna
.t'on OF the lctte. Of tie law, aud ye. like
considerations CO, will restrain its I.enalies.-
The villain who perverts the best feelings
OF the better sex, aud rewards u,,slispectinp
devotion with ruin, NAV bid ,lefanc. n