New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-28

that bring to punishment In Canada the Infamous and
hood. Ssis. the Military toa..SP s W;p1St:n
O. You have stated that you were In the Con.
fedcrate army, what did you meant A. Imeant that
never served as q soldier; after ives conscripted
was detailed as clerk in the Rebel War Department
BY tbs Judge Adrocats-Q. Was any attempt made by
those men to Diet ain You In Canadai A. believe So
by friends Of theirs and was relieved through the In
fuence of Gen. Dix.
TESTIMONY OF NATHAN AUsER.
Nathan Auser Of New York was called BY the Coy.
eminent, be said he had known Sanford Conover fof
eight or ten years. his character for integrity good
recently he accompanied Coooyer to Montreal ard was
present the interview with Tucker and Sanders al
ter they went into O'Donnelps room. MI. Csmeron
came there with paper containing an account Of Con-
overs testimony; Conover had the paper shown to him.
but denied that be had esfedi he was told he must
sign writing to that effect or he should not leave the
room alive; they would shoot him like dog; they all
went into ST. Lawrence Hail. but would not let the wit
ness follow there ~ or Is persons In tie party
and Cameron witness said he did not see any weap
TESTIMONY OF JoHs; cANrLEY.
John Cantley called for the Government, testifed as
follows: reside at Selma, Alabama; am printer In
the Office of The Selma Dicpaeh.
Bv he Judge AdrocGteI will read the following. which
purports to have been clipped from that newspaper
IA MILLION DOLLARS WANTED TO HAVE PyAcs ri THE
eeracy will furnish with the cash good securities for
The of million q dOII:r win cause the lives Of
to be taken by the of March next This viii give
peace and satisfy the world that cruel trants cannot live In
land liberty II this sccomI shed nothing VIII be
claimed beyond the nifty thousand dollars In advance
which supposed be to re.oh and slaughter the
three villains will give elf thousand dollars towards
the PATRIOTS purpose Every wishing contribute viii
sddre.. x, cshs~ba, A.bsa.a"-Dee. l. lSct
O. viii you state whether this advertisement was
published in The Selma Dfspceh. in December, le6s
A. As far iecollect, 1t was 30 worded aud was
published four or hye times; saw !ne WAnascfp',
Cahawba Ala; his name signed at the bottom Of
the sheet merely To Indicate the author aud who was
responsible for it, The Dispatch had circulation OF 600
copes. and exchanged with the Richmond papers,
Gale is lawyer Of considerable reputation, and Is dis
tinguished for his extreme views ON the SUBJECT Oh
slavery: never Gnle before his arrest
TESTIMONY or WATKINS d. GEAvEs
Watkins D. Graves also a printer. who bad been
employed in The Selma Di'pdieA Office remembered ~
have seen the advertisement signed x" IL was in
the handwriting Of Mr.. Gale which be had seen fro
quenty.
DIR. MERRITT RECALLED.
Dr. Merritt was recalled for tho Government with
reference 10 statement made by Mr. Hutchinson that
he overheard a conversation On toe Fad Of June.
The Doctor said that day he saw Cen Carroll al ST.
Lawrence Hail. and Introduced himself MS Dr. Merritt,
of Memphis; AS there large family OF that name
at Memphis from which vicinity Gen. Carroll came.
he expressed the witness great aiioatlon at meet
ing him; Gen. Carroll introduced him to tucker and
others as DIR. Merritt; Tuesday, the 9th Of June,
the testimony was published In Canada. when Tucker
said they per ecty posted as 70 on THIS
trial and Tucko said they had burned the papers RON
the Confederate Government for fear some Yankee
would steal them for evidence; ex'Gov WescOit was
preseut during the interview ne did not hear the latter
utter any disloyal sentiments although must DO III
ierred he was playing into his friends hands:
IN Gen Uallacc-Q BY whom were they being post
ed, A. He said b. We friends in Court; who don't
know did not take for granted 1t was any member Of
the Court Laul hter.
Gen. Failaoe.-l only wanted to Know
TIE GOVERNMENT EVIDENCE Concluded.
Judge Advocate ieuersl Holt said the Government
was now through with its testimony. ,.,...,
Associate j ndRe- Advocate bingham thcn oen'ered
his argument, as follows:
JUDGE BINGHAM's ARGUMENT.
Mr.. Bingham begins his argument by reciiing
the charge against the accused and calling the nien
ton of tue COut 10 the circumstances In which comes
before them.
TBE CRIME.
The crime charged and specified upon your record Is
not simply the crime Of numbering a human being, but
il is TIE crime OF killing and numbering. ON the 18Th
day OF April A. D. 1855, within the Military Depart
ment OF Washington and the intrenched lines thereof
brsham Lincoln then President of the United States
and Commanders hici OF the army and navy thereof
and then and there assauiing. with Intent to XII and
murder william II. Seward. then Secretary Of State OF
the United States and then and there lying IN wait to
kin and murder Andrew johnson, then Nice.Presdcnt
Of the United states and Ulysses 3 Grant then Lieu
tenant eneTal and in command Of the armies OF the
United States in pu OF reasonable conspiracy
entered into by the accused with one John wilkes
Booth aud John Ii. Surrait upon the instgation OF
Jefferson Davis Jacob Thompson and George y.
sanders and Others with intent thereby to aid the exist
ing Rebellion and suDvert the Constitution and laws OF
the United States. =. .,
rebellion conspiracy formed at the mitigation OF the
chiefs that Rebellion. That Is what The accused are
THE COURT AND ITS JURISDICTION.
The President OF the United States in the discharge
Of his duty Commsoder.in-Chlefo OF the Army ana
by virtue Of the power vested In nun by tne Constitution
and laws Of the United States has constituted you
military court 10 hear ana determine the issue Joined
against the accused and has constituted yon court
for no other purpose whatever To this charge and
tio have pleaQel first, that
this court has no jurisdiction In the premises and
second not guilty As the court has already overrued
the plea 10 the Jurisdiction il wonG be passed over Ia
silence by me but for the fact that grave
and elaborate argument has been made by counsel for
the accused only show the want OF Jurisdiction.
but to arIagn the President Of the United states before
tic country ard the world usurper Of power over
the lives and the liberties of the prisoners. Denying
the authority Of the President " constitute this commits
sion is au averment that this tribunal is not court OF
Justice has legal existence and therefore no power
TO hear determine the issue joined. Inc learned
counse for the accused when they make this avernen
by way Of argument 1t 10 Themselves and " their
country TO show how the President could otherwise law
fully and efficiently discharge the duty enJolned upon
him BIZ his os TO protect preserve ana defend the Con-
stuon Of the United States and ~ take care thai the
laws be faithfully executed
| The CIVIL COURTS NOT OPEN.
The civil courts SAY the COUNSEL are open in the DIS
trict i answer they closed throughout hall inc
renublic and were only open in this District ON the
day Of this confederation and conspiracy on inc Jay Oh
the tratoroGs assassination of your PRESIDENT ana are
only open at this hour 10y force Of tie bay0net Does
auy man suppose that il the military forces which gar
rson Tie intreDchments OF your capitol nifty thousand
strong wtfe all withdrawn. the Rebel bands VINO TINS
day inest the mountain passes IN your vicinity WOMB
siow ms oour, or nny court 10 remain open in this
District for the trial Of these their coDederates, or
would permit your executive officers TO discharge inc
frnzt committed 10 them. for twenty four hoursf
Roofb himself was not and cord not be arrested by
civil nrocess but was pursued and slain BY military
power Was that act OF usurpationt het II , can
only be justified By the argument when iuy JuStes
itutou of this military court