Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-10-18
The TFinl Of Courts.
noprrNa ergcfov


passed July, 1861, for the punishment o
conspiracy. IL requires nothing In the
world for conviction under the statute, than
proof Of an agreement between parties "a
oppose any law Of the United States what
ever. The obligations entel ed into by Courta
were, first, an attempt TO overthrow the
| Government Of the United States. Il was
| agreed by these parties, in the most solemn
| terms, that those men would move 10 the
/ aid Of jefferson Davis as soon as he should
move upon Washington. This is direct
treason. They were by force and arms 10
posseFs themselvo Of property belonging 10
the United Eta'os aud bound themselves
that they would wade through blood to ac-
compiish the purpose. Is not this, too, di-
rect treason The case rs precisely and
definitely withia the statute in all its various
phrases. II then resolves itself into the fact
whether the commissioner is satisfied that
the proof is sufficient TO show that tho dc
lendant agreed with others for the execution
Of these purposes. Tho letter which has
been 90 often referred b, when considered
alone, amounts 10 very much, but II
does in its connection with what traus-
pired in Marion county, have considera-
Bile significance. But beyond this, il is
not at all necessary that ho should be con
nected with the organ 'zaton of Knights Of
the Golden Circle referred TO in that letter.
Il is enough TO show that this man Courts
did enter into an agreement with any other
one person. Mr.. Prentice has stated that
there e no organization Whatever, no list Of
members, &C., yet we have Fletcher's testi-
mony that his name was written down upon
a paper which he supposed Of course wss
used for tho signatures OF members aud
other witnesses have testified that certain
Individual HonnikeF and others wero those
" "captaiBs."
In order 10 effect the common purpose
which these men had in view there must
have been an agreement, q clnspiring To-
gether. WHAT'S done aud said by each per
son in the conspiracy is good against all
cthers connected with the organization. /
suppose that an oath is 10 bs considered the
most binding, the most weighty form Of
agreement which can be entered into by
parties. In this case the form Of agreement
has assumed thEt Of an oath, ana he odds 10
il what is TO he considered n most solemn
conclusion. l do not suppose that any pos
sible form of words could have been put 10
the man Fletcher, who is evidently an igno
rant person, which have appeared h him
90 solemn and 50 binding. IL then comes
10 the question whether Fletcher is 10 be be-
lieved. While there arc many things that
must be taken with some grains Of allow
anoe, am unable 10 see how his testimony
can be thrown aside by Mr.. Prentice as not
entitled 70 credit. Moreover not a single at
tempt hss been made to impeaeh him
Certainly | do not think your Honor Eill
disregard his testimony simply because my
friend brings argument to bear against it
The long and short Of it is that here is q
man who is speaking on oath concerning the
very thing at issue between Court aud the
Government, who is not disapproved or i'm
peached in any particular whatever.
This Lieut.. DickeTson, 6s Is sworn 10 ky
Mr.. Smith, Deputy Sheriff, was introduced
at old Mr.. Hopkins house, as a Msjor in
the rebel army up there, for the pnrpose Of
distributing arms. Hopkins spoke up and
said that he was q member of the order CT
knights Of the Golden Circle, aud the signs
were then explained and were identical with
those which are described in tho printod
slip. This Major was up hero, az is stated;
was TO distributs arms, and did actually
leave arms at certain houses. For what
purpose he did THE, it is Of course unneces-
ssry for me 10 explain, for no man is so
blind that he cannot see without aid from
me. The testimony is il c nutshell. How
soever gentlemen may justify sn organiEa-
tion Of such a character, for a proper and
not unlawful purpose, the testimony proves
conclusively that this defendant has engraft-
cd upon lawful organization, an unlawful
purpose.
To those gentleman who have entered
into these arguments for good, let me say
thst the Democratic party Is not TO be aided
by any such underhanded measures. Such
fooling cannot but bring susp' cicn upon the
cause which is sought TO be forwarded
There are men who have forgotten that
Abraham Lincoln is nothing except as he
represents in his own person the majority
Of the law. 1 would say, il there are men
who have banded together for these unhOly
purposes, let them be punished.
AFTERNOON SESSION.
Thearguments being ended, Commissioner
White said that it was his Gu, tom TO admit
much evidence which he should not admit
if sitting in a court Of final jurisdiction
Although objections were often taken to test
imony, he often admitted it, if he thought
it contained any involved facts which would
tend to benefit either side. The line upon
which this charge is made, has sprung up
naturally from the perilous condition of the
country. There are in several of the States
men who hold that the right of States is
superior to the right Of the United States, al d
that they have right to resist the authority
of the government Of the United States.
The simple question for me to decide is
whether have, from testimony takon be-
fore me reason to suppose that Frederick
Court has violated any of the provisions Of
this statute. ] do not see that it makes any
difference whether the organization known
as the knights Of the Golden Circle, kaI
I ,onnaotiou Or not with fha ordar IN
which Courts is charged with being a mem
/ Der. From the testimony before me, it seems
/ that 3 society called X. G c., or G. c., did
| exist in Marion county. The testimony Of
/ Kepler shows that he was asked TO Join the
/ X. G. C. by Court. The affidavit OF Chez
/ ny says thRs Peter Hopkins told him he be-
! lonced to the X. G. C. Also, the testimony
of Fletcher (who appeared stupid on the
! stand, but was, believe, honest shows
that there were two papers.
The defense sets up that there was an in
nocent organization existing in Marion
county, and that the obligation taken by
Fletcher was the same taken by DR.. Christ.
| ian BY the editor Of the paper, and others
there. II would seem from the testimony
! that Holder was the men who introduced
the society 10 Marion county. Without any
other testimony than that Of Fletcher, were
on jury, should never be willing to
convict man on that alone; but we find
that ne is confirmed by others. We find
that Peter HoI kins, who derived his inior-
nation from the same source, administer
ed the same oath 10 others. Looking gene
rally at the facts we would suppose that
there were tive distinct obligations. but thC
evidence shows that Hopkins did administer
the two together in such manner as wOulC
seem to show that they are in reality con
nected. The reference to removing the seal
10 which has been referred 10, would appar
emily show that there was something still
behind. think, then, that Fleteher's tes
timony is sustained by other facts. Takinl
for granted then that the obligation ha
been takan, has the Statute been violated
, To drive Lincoln out OF the Presidents
Chair, as the oath specifics, is conspiring :
overthrow the Government; and to seiz
. Washington, is to seize upon the propert