Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1856-07-10

no conclusion OF the brain, but much bleeding
great deal of blood was lost. Mr.. Sumner
did not much suffer from weakness, though OF
course the loss of blood affected him. There
were three wounds, but he dressed only two
there were also some bruises. Mr.. Sumner
was confined to his room from May I'D to 18th.
The wounds on the crown OF the head were
about an inch from each side of the middle
line they were flesh wounds. Mr.. Sumner
had no fever till the day deponent was dis
missed. He had had restless night; his
pulse was from SO to l03, the average being
about 100. This was the only day on which
the pulse rose above 81. The cause of this
increase of pulse was the closing of the wound
by collodion. When opened on the next day,
the patient was Immediately relieved Patient
was anxious to get out. Deponent advised
him not to do so-not, however, on account of
the wound, but because there was great deal
Of excitement, which he thought should have
time to subside. To answers of COUNSEL DR..
Boyle said Mr.. Sumner is man Of great mus
cular power--a large man, well made, and very
finely developed; suppose he would weigh 220
lbs. He is taller and heavier man than Mr..
Brooks.
DR.. Lindsey examined. Was called pro-
fessionally to Mr.. Sumner about week after
the injury. There we're two wounds on his
head; one had healed the other was suppura-
ting. The large wound was / inch in length.
AT the end of two, weeks deponent ceased at
tendance.
The District Attorney rose and remarked
that, there being no other witness for the Gov
eminent present, he here rested the case for
the United States
Hon. Senator Benjamin, Of Louisiana, called
for-the defence. Was two seats from Mr. Sum
ner during the delivery Of his speech of the
18th and 10th May. Took notice of the paper
lying on Mr.. Summers DESK Mr.. Sumner
would frequently take up papers as if to make
quotations. Deponent remarked printed mat
ter down the middle Of the sheet Of foolscap
from which Mr.. S. continued to read and drew
the conclusion from what he saw that the
speech was printed. Mr. Benjamin was not a
witness OF the assault.
Mr.. Brooks, the defendant, then rose and
addressed the court as follows
May it please your Honor: appear in per-
son before this honorable court simply to re-
ceive its Judgment. / would have preferred
that the person upon whom the assault was
committed had been present to answer whether
or not his speech which libelled 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 Difference to your honor, / regard as ma
terial to my defence, insomuch as libel is
contrary to law, and to that extent would OPP
crate IN extenuation of my offence. / would
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 re-
concile 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 inves.,
tigating committee, and which is as follows:
/" While these words were passing from his
my lips he commenced a succession of blows
with heavy cane on my bare head, by the
first Of aohich 1 aods stunned SO as to lose
sight" 1t would have grati6ed me had he
been compelled 10 answer under oath as to the
violence of the first blow, which / aver was
but tap, and intended to put him on his
guard. But, sir he is conveniently and DELHI
erately absent and on travel, notwithstanding
but SIX days ago this case was postponed on
account of his extreme indisposition and the
materially of his testimony; and yet, with all
these disadvantages, prefer to receive the
judgment of the court than to continue in sus-
pense.
1t is not my purpose to adduce any evidence
IN defence. have already accomplished more
ehoH haii VI luc journey vi Hle, anu lnlS Is the
first time that it has been my misfortune to be
arraigned before any judicial tribunal as
breaker of any law of my country. / confess,
sir, and without shame, that my sensibilities
are disturbed by my novel position, and have
but to express my profound regret that, in dis
charging 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 violator and not as a maker of the
law.
In extenuation of my offence permit me to
say that no extraordinary power Of invention is
requisite to imagine variety of personal griev-
ances which the good Of society and even pub.
lie morality require to be redressed, and vet no
adequate legal remedy may be had. So also
are those cases which may fall under the con-
domination 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 intelli.
gent 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
conuetnn. IL Is the glory OF the law That IL 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 reproach does not rest upon our iuris-
prudence, 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 yirtuous
impulses of nature.
Bya 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 perpetuate the names of those
who are its exemplars; and can it be expected,
will it be required that j, with heart to feel
and an arm to strike, shall patiently hear and
ignobly submit while my political mother is
covered with insult and oboquy and dishonor
while her character is slandered and her repu-
tation libelled? Sir, the substance which
have been gathering for my children may be
squandered, my body may be consigned to the
common Jail, my life itself may be forfeited,
but will be true to the instincts of my nature
true to the home Of my maturity and to the
mother that bore me.
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