New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-20

ment were allowed 10 depart with little or no cross
examina tOn which subsequent events showed was o.
vital Importance TO elicit che truth ana reduce tao
vaearies Of statement 70 more Of accuracy. And he
would add that this testimony had consisted OF the
statements Of informers and accompicea awnys snsp
cOas brought from remote psee' whose
trace He was constrained further 70 notice the man.
ner in which the trial was conducted. Inc accuses
were arraigned upon single charge AZ oS e. r",w
II seems to have been intended TO t every concevaole
form Of crime Whch the wickedness OF man can devise
The crime Is located In Washpgton yet we have peen
carried to the purcus Of Toronto and Montreai nave
skrted the borders Of New.York and Vermont touch
ing at Ogdeasburg and st. Adams, have passed down
the ST. Law renee and out 70 sea- insptcie1 our
shipping, have visited the fever hospitals OF the Brn
isles aud have returned TO the prison pen OF Anderson
Vile and seen the camp Belle Island and the historical
Libby and penetrated the secret councils OF Rchmondi
have passed thence to the hospitals OF tho West ana a.
cended the Mississippi; and 1t length terminsed tbs
eccentric In the woods OF New York Unoer !ne
charge against the prisoners OF conspirlng TO k tne
President and others in Washington. ysne.sn
OF many convicted OF starving. poisoning sI
son, and other crimes too numerous 70 W." ~
ton lie had apprehended that the couneei LOT .ne
accused would appear IN false position oy thei nj
parent acQuescence IN this wide range OF inquiry; anu
therefore he felt 1t due TO himself at least 10 explain
For his part he felt no interest whatever in Iessps
the exposure Of the misdeeds Of the Rebel huthoft
and agents. bis only concern had been TO show mat MS
clients had had nothing to do with the conspiracy SCI
forth in the charge. 40 the best oi his aoty ne nlu
scruInzed the evidence Of that conspiracy 80 lar az
necessary 20 their defense With regard to other mat
tiers foreign TO this issue he had TO say In inc III
place The charge srtfully framed with a view 70
admit them IN erdenoe IL impuies that the accused
coDspred with Jefferson Davis and others TO XII, aud
murder the President &c, with intent TO aid ana COM
fort tue insurgents. &c, ana thereby hu IL ne SUI
version and overthrow of the Constitution anu a"s "
the United States and on the principle that other acIs
constituting distinct ofeDsss sometimes adntieo
proof Of intent these subjects foreign To the main
issue have even put in evidence. by no possne M
genuty can these foreign matters be used u the pre-
udice of accused He had supposed that the object OF
Introducing them was to bring Ia The Pnbhc, IN the
shape Of testimony, information o the practices
Of the Rebel leaders, TO Which, however irregular the
proceedings. he had no objection 10 oppose. lie cou'
not for suppose that the object was To inna
prejudice against the accused because OF their supposed
remote connection with the authors OF all these evils
and Tor want Of higher victims 10 make them the soap
goats for all the other atrocities imputed ~ the Reo.
lion to snnhate them 10 hush the clanors oil the pup
lie for victim or 10 sppease the nemesis that has re-
corded the secrets OF the Southern prisnhouses or
the deadly deeds wrought by fire and pestience:
10 regard TO the issue before this commission he he'd
intended "a conine himself 70 u simple review IL tie
evidence but the anomalous character OF the oharge
the uncertainty with which they were LETT win fehr
enoe 10 the positions TO be taken by the Government
and the general course Of the investigation pursued.
anonished him that he should present some legal cnn'
sidera'ions al least OF general character Assuming
arguments sake that the court has Jurisdiction 10
TO thy the accused upon this charge. lie pro
ceeded 10 discuss tho ground and hm,ts
OF that Jurisdiction and the mode in which II to be
exercised. After submitting some general reflections
mon the character If the ofenses set fo.th IN The
charge and specifications. ss they are known 10 ana
punishable BY the civil Law OF the land, be went on u
argue how far Ihis commission In dealing WIN them
ia 10 be guided and restrained by the law Mr. Cox In
his analysis Of the crimes charged said that below
the grade Of trcsson crimes are ranged uDdef
ss%c.b srt'A' and proceeded 70 dead with the
question II com piracy Ia commits feiony ana then
With a conspiracy 10 commit treason lie ,hen TOOK up
the question Of unetecuiod conspiracy! ana nc case OF
q party invoked In ooDspIaoy who shall slihdias
from IT, contending that he 10 not retponsbis f"r any
act done by the others In the prosecution oil Inc OBJECTS
Of the conspiracy ai'erwa aness a'' h, Uni M 60.
with large array o. citations nom
legal authorities. The question bow far
from the established law Of the land IN s distinction
between crimes and it, mode Of punishment was dealt
with at length Mr. Cox examined uee'idence 10 lar
AZ was material 10 his He ciimed that no sctye
design against The life of the President on foot be
tween January aud the early part Of APri that during
that interval Booth coDriving the capture OF the
President and others. 1t appeared that that
project was abandoned. anu tie date OF
The abandonment is fixed by the fscus
referred to by Booth to wit; the detection Of come 81
the parties sale Of horses. &c. and that date as
c.rtsned ~ have bon about the middle OF March.
Now i. clear that II any connection Is shown between
Booth and OLsngno and Arnold, It existed only when
this abandoned project was ngitatrd, and terminated
with IT, Their iilul stay 10 Washington was only ce.
confession 1t appeared that he and, II lie Is
not mistaken. OLaughin attend d one meeting
about the middle Of March. to consider the
plan Of captures but immature the plan, slight
his connection with IT, that he did not even know the
names Of the others the meeting two III number be
sdes Booth Surratt and Atzerodt 81 that meeting th
scheme fed through. and he and OLaagbn LETT for
Baltimore; Booth told bin he might sell the arms he
had given him aud In ficr he gave part Of them away
To his brother as to OIaughD. his confession proves
nothing but his presence this single meeting This
he tpulu MI
Booth Ia any scheme whatever Of political character
ana In this evident that he the arcb conriyer
aud they the dupes; and when they had escaped
his influence although he still evidently chung TO his
design, and ielcgruphed and wrote and called To see
them IL is evident that they refused to heed tho voice
If the chnrmer. charm be never so wisely From
OLnuyhlin he received response at all. From
Arnold only the letter offered Ia evidence There arc
expressions in that letter which look 20 continued
renewal Of their relations la the future But they We're
employed 10 parry his opportunities Tor the present
Certainly AL connection ceased from that time
H. therefore any conspiracy at al be proved by the NJ
most latitude Of evidence against these two accused
II uneDacted. still born scheme, scarce
cciyed before IL was abandoned OF nature wholly df-
frrent froIn the oense described In this charge-tbe
proof OF which not sustain this charge, aud Of
which the accused cond not be convicted on this trial
For this Court Is bound by the rules Of evidence which
prevail in Others and Of the most important Is that
The proof must correspond with the charge in the IN
dctmeDt, ana show tue oeDse the accused Is
entitled TO ncquitiai; and there II no evidence which
connects these two accused with that dreadful
cOnsplI acy which forms the subject OF this charge
There nothing TO show that during their brief inter
with Booth at Washington that nefaous des gn
agitHted ct all certainly that II DIS
closed 10 them; and " such n conspiracy had any
istenoe II in state OF Numbering suspense. ait
ing that sanction without which had no motive. eud.
aim life. Mr. Cox contendei that the folio ing
cODclutODs were established, VIZ l. That the accused
Samuel Arnold aud Michael OLnughhn had no part
Whatever IN the execution OF the conspiracy set forth IN
this charge and IL specifications. That II they
implicated In the conspiracy tloy withdrew from and
abandoned It while Yet wholly uneXecuted and resting
merely la intention and not responsible for Of
the acts subsequently done In pursuance OF IT, s. That
there Is no legal and competent evidence
duplicating OLaughin 10 any conspiracy
whatever. or duplicating either OLaugh.