Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-15
TIE CONSPIRACY TRIALS.
CONCLUSION OF YESTERDAYS PRO.
CEEDINGS.

After our report closed yesterday 1t was
agreed that on Friday next the argument of
mr.. johnson, on the question OF the jurisdic.
tion OF the Commission, shall be read TO the
court by Mr. Olampitt, in case Mr.. johnson
snail not be present; that Mr.. Stone shall then
1oilow with the argument for the accused
David E. Herold that Mr.. Aiken shall follow
with the argument for the accused, Mary E.
Surratt, on Monday next; and that all the ar.
gnmeats on behalf OF the accused shall be con-
cluded BY Wednesday next, the prosecution
having the right In the meantime to introduce
cate.
Mr. Ewing.-On behalf OF MIR. Stone and
myself who are jointly counsel for Dr. Samuel
"A. Mudd, and W no separately represent other
defendants, ask leave to say to The Court that
the arguments In defense Of those of the priso-
ners we represent cannot be made in such
manner as to give efficient aid to the Ocuft in
its investigation OF the questions arising under
the charge and specification preferred unless
the said charge and specification are relieved
OF ambiguity by an opening statement from the
Judge Advocate, indicating the offence or
offences for the commission Of which he
may claim those of the accused whom we
represent should severally be convicted and
the laws creating such offence or offences, and
prescribing the penalties thereof. In support
OF this suggestion we submit the folio wing
reasons:
l. There is but one charge in form against
the accused but in fact there are four charges
and distinct offence as follows:
l. Maliciously, unla wfully, and traitorously,
and in aid OF the existing armed rebellion
against the United States Of America, com.
bining, confederating, and conspiring to kill
and murder, within the military department
OF Washington, and within the defences Of the
city, Abraham Lincoln late, and at the time
Of conspiring, President of the United States
and Commander. in. Chief of the Army and
Navy thereof; Andrew johnson, then Vice
President OF the United States; VIM. H. Sew
ard, Secretary of State, and Ulysses S. Grant,
Lieutenant General Of the Army, &c.
.. In pursuance of said malicious, unlawful,
and traiGorous conspiracy, mnliciOusiy. un-
lawfully, and traitorously numbering the SAID
Abraham Lincoln, President, &c.
8. Maliciously, unlawfully, and traitorously
assaulting with intent to kill and murder, the
said VIM. II. seward, Secretary OF State, &c.
4. Lying in wait with intent maliciously,
unlaWfully, and traitorously to kill and muir
der the said Andrew Johnson, then Vice Pres
ldent OF the United States, and Ulysses S.GrRnt,
Lieutenant General, &c.
The offences enumerated as aforesaid in the
said charge are separate and distinct and we.
therefore, ask that the Judge Advocate should
state, in regard to those of the accused whom
we represent, Of which Of said offences. under
the evidence, he claims they should eacn oe
II. We further respectfully say we are not
tain OF said offences as the same are laid 10 the
said charge, and, therefore, ask that the Judge
Advocate specify the law creating said Of,
tsnces Zen OF LAY sns 6e found that we NAV be able
to present the case OF such of the accused as
we represent in q manner conducive to the
ends of justice, and, therefore, more satisfac-
tory to the Court.
The crime OF murder-assault with intent to
conspiracy in aid Of the rebellion-are well
understood and accurately defined by the COM
mon or statute law, and for the commission of
fnSse ns crimes Just and ,ap penalties
us define the crime of sstraitorou.ly" murder
ing. or Of straltorously" assaulung with in
fnrDft tn md Nryrdn 80
traitorously to kill and murder. II the last
named offences designated and described in the
charge are created crimes by some code of laws
unknown TO us, and penalties are rescribed
for their commission by such code, it is re.
spectfully submitted that to advise MS of what
that code is, before we are called upon to pre-
sent our arguments, could certainly not defeat,
and might materially promote, the ends Of jus.
uce
III. We further respectfully state that the
Constitution of the United States provides that
IN all criminal prosecutions the accused shall
be entitled to be informed Of the nature and
cause of the accusations against them That
several of the offences charged are, If they are
crimes defined by the Constitution or the Ia VS.
offences In the trial Of which rules Of evidence
are applicable different in important respects
| from the general rules OF criminal evidence.
| And the accused have the right now (as they
| have had the right at all prior stages of this
| triaD to know for which Of the offences each is
i severally held, so that counsel and the Court
| may know what part of the evidence presented
against all is applicable to the cases Of the &C
l
| guaranty above referred to, in our judgment,
| entities the accused to such designation OF the
| specific charges on which it May be claimed
| each should be convicted, as we'll as to an in
dica' ion of the code Of laws by which the last
| three OF the offences as charged are defined and
| their punishments provided.
| The Judge Advocate.-If the Court please
| when recall the character OF the pleadipgs in
| this case, the complete distinctness of the
| charge and OF the specification, confess my
self somewhat surprised at this appeal which
| ig ma q n q rn mo an on nft tha
| counsel tor the prisoners. Certainly, If were
to 20 over the ground again, either orally or bv
writing, sould not make known to the coun.
| sci for the accused with more certainty, with
more appropriateness or terseness Of Ian.
! guage than has been employed already in these
| pleadings, the precise offences with which the
| prisoners are charged, on which they have
| been arraigned, in reference TO which the en- I.
| tire range Of inquiry has been directed, and
upon which the judgment of this Court is final
| ly asked.
| The general allegation is a conspiracy; and
| certainly the gentleman would not ask me to
| expound to him the law Of conspiracy, nor to
| treat upon it. As professional gentleman
| of eminence, he is entirely familiar with the
| range Of the authorities on that general sub.
| ject.
| The pleadings proceed, after averripr this
| conspiracy, Tin which it is alleged all these
prisoners participated,) to set forth clearly
| alleged each one Of them took in the execution
OF that conspiracy.
The investigation here has carefully followed
the line Of allegation. We have sought, in
| every instance, to show. as far as the testi-
| mony would enable the Government to do,
| that these parties, in the execution Of the con-
splracy, performed precisely the acts which it
was charged they had performed.
NOW, it cannot be possible, in view Of these
aliegatons, and in view OF the proofs which
nave been sifted again and again, in the pres.
ence of the gentleman and those associated
with him, that he can have any doubt or can
feel any embarrassment as TO the precise
measure and manner Of criminalitv which ia
charged upon these parties, and upon which
the Judgment Of this Court is invoked They
are all alleged to have participated in the gen.
eral conspiracy, and in the execution of that
conspiracy, 80 far as the assassination of the
President is concerned; and then the particu.
lar parts which each one performed therein
afterwards, either In execution, or in the
attempt to execute, are set forth. It is for the
Court to determine how far the proof sustains
these allegations; but it cannot be that the
gentleman has any doubt, that he is left at ali