The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-17
TRIAL OF PRESTON S. BROOKS FOR ASSAULT
AND BATTERY.


AND BATTERY.
His Remarks in Court-Decision Of Judge Craw.
ford.
Hon. 2. S. Brooks appeared before judge
Crawford, at 10 o'clock on Monday, to answer
to the charge of assault upon Senator Sumner
MIR. Brooks was accompanied by Senator Bntla,
and a number of other friends.
The District Attorney appeared for the Tn;
ted States, and John A. Linton, ESQ and Hon
Mr. Orr. of South Carolina, for defence.
The District Attorney read the corresnond
ence that had passed between him and NJ
SUMNER letter from Mr.. Sumner. dated Sil
yer Spring, June 30, in which he expressed his
inability to attend on the day assigned for tho
trial letter from the District ATTORNEY TO Mr.
Sumner, stating that witnesses were in waitinr
from distance, who were anxious to be exam.
lned, and lnquiring what day his health woulJ
permit him to appear, and if he would be will
ling to accept the proposition of defendants
counsel, to submit the case upoa the evidence
before the House committee; letter of Mr..
Sumner, in reply, expressing surprise at the
communication of the District Attorney: that
he Sumner had nothing to do with the case,
directly or indirectly; that its whole conduct
belonged TO the Attorney of the United States
letter from Mr.. Key, replying, that though
the conduct of the case belonged to the Attorney
of the United States, he did not suppose tina,
III any case the desire of public prosecutor TO
confer with and consult the wishes of the In
jured party would excite SURPRISE that having
received no answer to his inquiries the trial
would proceed on the 9Th of July, at which time
he hoped MIR. Sumner would be able to attend;
letter from Mr.. Sumner, that he would not
nrnhahlv ho ahla To ottanI Al a..
iterating his desire not to take any part in
the proceeding.
The examination of witnesses was then en-.
tered upon.
William Y. Leader, James w. Simonton.
Hon. l.. NJ. Keitt, Senator Pearce, Senator
Toombs, DR.. Boyle, DIR. Lindsly, and Senator
Benjamin, were examined the evidence being
substantially the same as that elected before
the Congressional Committee.
Senator Benjamin testified to Summers
speech having been printed in advance of its
delivery.
Senator Toombs, while on the stand, at the
request of the counsel for the defence, read
from the speech of Mr.. Sumner the portion at.
lacking Senator Butler and South Carolina.
The evidence being concluded,
Mr.. Brooks, the defendant, then rose, and
addressed the Court as follows:
May it please your Honor: l appear in per
son before this honorable Court, simply to re-
ceive its judgment. l 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 aud
my blood, was printed before its delivery in the
Senate. l feel confident that, under oath, he
could not have denied this fact, which, with
due reference to your Honor, | regard as ma
fprlal dafapc, ipcn,nnok Il =,
contrary to law, and to that extent would oper
ate 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 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 Ian.
guage in his testimony before the Investigs
ting Committee, and which is as follows:
" While these words were passing from his
my lips, he commenced succession Of blows,
with heavy cane, on my bare head, by he
JrTSt OF Uhich 1 ioas 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 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
materiality 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 sdduce any evidence
In defence. have already accomplished more
than half of the journey of life, and this is the
first time that it has been my misfortune to be
arraiigned before any judicial tribunal, as
breaker OF any law Of my country. I confess
sir, and without shame, that my sensibilites
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, I
am constrained, as a consequence, to approach
you as violator, and not as a maker. of the
law.
In eAtsnaation of my offence, permit me to
say, that no extraordinary power of invention
ID requisite to Imagine variety of personal
grievances which the good of society, and even
pubic morality, require to be redressed, and
yet no adequate legal remedy may be had. SO
also are those cases which may fall under the
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 devo-
ton with ruin, may bid defiance to this honor
able Court; but, where sisters dishonor is
blotted out with tie blood of her DESTROYER, an
intelligent and wholesome public opinion, en-
bodied in an intelligent and virtuous Jury,
always has and always will control the law,
and popular sentiment will applaud what the
books may condemn. 1t is the glory of the law,
that 1t Is founded in reason. But can that rea
coming be just which is not rsgardful of human
feeling? Sir, no one knows better than your
self that such q reproach does not rest upon
our jurisprudence; for even the stern letter of
the law touches with tenderness the husband
who Stays, 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 virtuous impulses Of nature.
BY parity Of reasoning, patriotism is re-
garded by every nation upon earth as the car
tinal political virtue. Sons are made to reward
It, and to perpetuate the names of those who
are its exemplars and can ii be expected
will it be required--that /, with a heart to feel
and an arm to strike, shall patiently hear and
,snohly submit, while my political mother is
covered with insult and oboquy and dshonor-
while her character is slandered and her rep
utation libellsd? 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.
The first political lesson which my ripening
fully oornprehended and appreciated,
was thu high moral and social obligations Of
every citizen to bow himself to the majesty Of
the law. In obedience TO the precepts Of my
youth, which are sanctioned by the experience
and ludgrnent of mature years, submit my
case to the discretion of the Court, with entire
confidence that while you, sir as a magistrate,
perform your whole duty to the country and
Yourself, You will remember that in every req