The New York herald., 1865-05-20

Ierreu W tihe tue Ootu III gOOu uItn ne must De
prepared to tell all that he knows of those dark
proceedings in secret session of the rebel Con-
federate Senate, of which he was very active
member. 1t has been limited that, II he will, he
can tell q startling story, and perhaps he might
be able to throw food of light on the afalia-
agents con detached service, )" ss highway rob-
bers spies pirates, incendiaries and assassins.
Would it not be worth while to invite him to
Washington in this view, Under pardon, as
witness in the trial Of the batch of assassins now
going on, or as witness against JEFF. Daviss
We throw out this suggestion for the serious
consideration Of the government
Progress OF the Trial OF the Assa ssination
Conspirators.
n the mass of testimony against the con-
spirators presented to the Washington court
our readers may have noticed great deal
which is technically illegal-tha is to say,
which would not be regarded as admissible
under the rules Of practice in our civil courts.
For instance, what John Surratt said is not legal
evidence, since Surratt is neither on trial nor
in custody. What one prisoner said about
another is not legal evidence, unless the other
prisoner were present at the time, or unless the
statement referred to the general scope and
object of a previously proven conspiracy. But
the military court at Washington is not limited
by the rules of evidence insisted upon " law-
yers. That court is engaged in the douSls task
of trying assassins and investigating con-
spiracy. II combines the duties of an examina-
ton as to suspected persons and Of q trial Of
the persons under arrest Great latitude is,
therefore, given to the witnesses so that the
whole matter, unrestricted by the limitations Of
civil courts, may be clearly placed before the
public. In this view the admission Of valua-
Bile, though technically illegal, testimony is not
indefensible.
But if we adhere to the strictest rules Of evi-
dence and cast every doubtful word aside
sufficient legal testimony has already been
elected to prove the organization Of q con-
spiracy to capture or kill President Lincoln,
and to show the guilt Of all the prisoners at the
bar. II seems that some kind Of an attempt
was made to carry out the conspiracy few
days after the 4th of March. Booth said in New
York that he could easily have killed the Presi-
dent on Inauguration day, as he stood very
near him; but for some reason or other, proba-
bly, because no means of escape were yet pro-
vided, he did not want to do the bloody deed
at that time. Of the subsequent attempt We
have but few particulars; but we know that
Booth, Surratt and Atzerott were engaged in it;
that Mrs. Surratt knew Of it, since she cried
while her son was away; that Arnold sprivy
TO It by his own confession; that the scheme,
it was, dismally failed, and that the
three assassins came back to Mrs. Surratt's IN
great rage, disappointed, vexed and disheart-
ened. After that Mrs. Surratt appears to have
lent them her brains, for they sadly lacked
brains before. Then the scheme which
proved partly successful was arranged. Booth
was assigned to kill the President; Atze-
rott to kill the Vice President; Payne to kill
Secretary Seward; OTaughlin to kin Grant;
another man, probably Surratt, to kill Secretary
Stanton; Spangler to look after the private box
in the theatre; Mrs. Surratt to see that the car
bines were ready at Lloyd's; Dr. Mudd to point
out the road and furnish refreshments, and
Harold to assist Booth and make himself gen.
orally useful. Had not Booth been tripped by
the American flag and broken his leg his es-
cape would have been pretty certain; but this,
like all tire rest of the conspiracy, except the
Presidents murder, fell through completely.
The evidence connecting JEFF. Davis and the
Canada rebels with the conspiracy is morally
very strong. We can judge from the endorse
ment which Davis gave to plots to burn our
cities and throw trains off the track whether
his soul would have revolted from the crime
of assassination. We can understand from the
evidence before us why Surrstt went to Rich
mond and Booth to Canada. Itwas to obtain
advice and directions in regard to the conspir-
acy We think that, when the time Of the first
attempt is more definitely settled by witnesses,
il will be made apparent that suggestions
from JEFF. Davis revived the dropping
spirits of Surratt, Booth and Atzerott, and
transformed them from kidnsppers to mur-
derers. Surratt declared after his first fail
rre- that his prospects were ruined Booth
was terribly agitated. Atzerott was also ex-
cited. Arnold, according to- his own story,
withdrew from the plot. Whist was II that gave
these men new courage. II was Jeff. Davis
advice and JEFF. Davis gold. They would
never have repeated their attempt had they
not been urged on by those at Richmond.
Booth himself declared to Chester, the actor,
that he had abandon ed the idea Of capturing
the President. Sur att, who was foremost in
the first attempt, got out Of the way when the
second attempt was made, or if he was at the
theatre, as one vii ness swears, he took a very
subordinate part in the assassination drama,
leaving the principal work to bis associates
We hold that if ii had not been for the incen-
tivcs from Eichmond the conspiracy would
have broken down Of itself, and the principal
actors Of 1t would have retired in disgust. But
IL is evident that JEFF Davis had determined
that President Lincoln should be put out Of the
md he cla.afx ta his iena cio,isx