Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-05-29

toI was VI NaA uOt WAauemSeuofs ~ Il
The Court said that this question had Been
sprung suddenly. There appeared to be no
difference in the opinion of counsel, as to
the Joining of counts, where the greater
included the smaller, and the only
question was, whether that was the case in
peared that the %offenses were distinct, and
therefore the District Attorney must make
his election. .GT gNlv AW AGA
After consultation with Mr.. Johnston, Mr..
Ball stated that, as material witnesses, by
whom it was expected to prove the prisoners
guilt IN the first count, were absent, and as
a lesser amount of testimony was sufficient
TO convict on the second, he would proceed
upon it. The Court then adjourned till half
past two o'clock.
AFTERNOON SESSION.
Soon after the Resembling Of the Court
the jury was sworn and the plaintiff pro
ceeded to call their witnesses, as follows:
James S. Green, S.. P. Walker, Warren Will
coz, Marsden Curtis, Moses Harron, D. Mad
dox,L L. A.. Pratt, r W. Inmsn, R. H. Lenard,
C. II. GrosyenersE H. Stevenson and VIM.
Small. RVb BlN|E fFlf
Mr.. Ball, in stating the case to the jury,
read the act of 1890, under which the pros
ecution had been instituted, and then stated
the nature of the crime at common law, and
also showed the difference between it and
treason.
Mr.. CORY said that misprision Of treason
was a concealment of treason Of which the
prisoner had a knowledge and that it was
incumbent upon therprosecutor to prove that
he did not communicate his knowledge, as
the statute directed; or, in other words, the
United States must prove a negative.
Daniel Maddox, W illness for the prosecu-
ton, was then called, but before he was
permitted to proceed, Mr.. Pugh requested
the Court to make an order that no reporter
should print notes. of the evidence until
the conclusion of the trial. Said he: "V you
sciU make the order, III take it upon myself to
see Il enforced n rW0e pggFta gruA.
The Judge, however, for some reason-we
hope not from any lack of appreciation of
the learned attorneys services-did not
make the order, and the reporters proceeded
to take notes preparatory to printing
them" for the following among other rea
sons:
l. The public are interested in hearing the
progress of the trial, and as but few can at
tend, those absent feel that they have as
much right TO read the evidence as others
have to hear it, "a r . 10 o.
2. All trials must be open, and any man
may attend, so that he demeans himself in
IN orderly manner and he has a right to
take as many and as copious notes as he
ipleases.
3. The printing is done outside the
Court room, and the Judge has no summary
jurisdiction over it.
A. If any one is sggTieved by what is pub
lished, the law points out q remedy.
B. The Court never instructs outsiders not
to talk about a case, in the presence oil jurors,
for that is out of its power; but it cautions
jurors not to converse with any one in refer
ence to the controversy, and if any one at.
tempts to obtrude opinions, then, and not till
Rthen, to report the
Os NhHsphpCI5 ~ OuboAuOAol anu OIL tuul
the Court has power to do, is to prohibit the
jurors from reading the testimony published
in them. Newspapers do, net obtrude upon
any one; if the jurors were compelled to
read them, then, and then only, would there
b. any ground for the application made by
the learned counsel for the defense.
Examination of Mr.. MadOz: Question
What is your occupation 2
Answer-I am a clerk in the Spencer
House, in this city.
Q-when did you first see the defendant
Young2 sa.ssACs 4gAna .5r n
H. A.-On the Sd Of April last. He cam to
the Spencer House, and registered his resi-
dence as Missouri.
IT, Odd he have any baggage?
~. ALL did not see any.
Odd you see any afterward2
r. Al did not.
Q-How long was be in your houseP
A. A.-From the Sd to the 23d of April.
,HH Q.-HoW did he Gomez
Al don't know. 80 gF
l. IMarsden CurtiS examined! Q-Where do
A.-Iu New York.
II lQ.-When did you get acquainted with tn
prisoner2
|. IOs-ONdL6 II IQu AhA my COuNCNodllOA
o with him in reference TO the matter charged
in the indictment
Ale told me that he had a body of des
Operate Texas and Mississippi rangers
n whom he intended shortly to command, an
march on Washington.
Here Mr.. Pugh objected, and contends
that the only evidence admissible was ;
prove his connection with some overt acl
u l. nk.A Al aNnukson 81 Inod ~ a,,,a
body Of men, who bad committed no actua
treason, but only expected to do 50. was no
shficients dW si'DnsRW F4IFq n
Mr.. Johnston said he would not attemp
to argue that point, more than to state
| case. suppsss one hundred Thousand me
we're now encamped on the hills south {
this city; suppose toe, that they had nc
committed any act Of wal, but were threat
tning, hostilities; then suppose a man wer
to furnish the powder and shell, with whic
toibufn down this city preparatory ~ Rl9E
|, ing upon It's foundations, as apolitlcl stun
speaker once baid-would any one Woul
the Court hesitate to ind such man guilt
! The eases Cited b. Nj. Pagh, he argue
were not in point they related to petit
riots-this to agitats rebellion of "higl
minded gentlemen.
, The Court .snstainsd the position Of Il
District Attorney and the prosecution pr
! ceeded. IIfca.pfAa RAEUuaEn
Q-What else did the prisoner say fHg.
4 AIDE told me be had been in the Sout
3 all Winter and was cenYersant with all u
q plans and designs Of the Seeessienists bafo
they had been pot 10 execution. Mtflf ST
tQr-How many eonHereAiions had you VII
% Young tiuNe ftsrulgm trkal vi % slit
! ARA numbert al tnfhe reading. room
the spencer Honse. These Interviews COZ
/. tinued two Teeka.it tasHfs sLlIaaelaa ~