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

The counsel then proceeds to examine. with some
what of particularly, the grounds on which be IN
formed the Jurisdiction Of this Commission II main
tanned and contends In the second place that u tho
power In question. II claimed under the authority sup
posed TO be given the President 10 certain cases 70
suspend the writ Of Aabeas corpus and declare martial
law the claim 10 equally, not more evidently un-
tenabe.
The Act Of 1906 establishing the Articles Of War.
provides for no military cOnrt Ike this; ana II % nam,
tanned that Il does not embrace the crimes charged
against these parties the parties themselves ana un'
til the Rebellion he was not aware that Inherent con
struction intimated Ii Is the exclusive Huit
In the course of this elaborate argument Mr. johnson
saws: As counsel for Of the parties should es'
TEEN myself dshonored II l attempted 70 rescue my
her BY denying the jurisdiction Of the commission upon
grounds that did LOT conscientiously believe 10 Dc
sound. And IN what have done, have not more mad
in view the defense Of Mrs Surrat than the COnstitu'
ton and Laws. In view, In this respect her cause
Is the cause of every citizen And let IT not DO sup
posed that am seeking TO secure imp9ny 20 any one
night of the 4tb Of April Over these the civil courts
OF this District have ample Jurisdiction and will faith
fully exercise II II the cases are r,mtted to them ana
II guilt is legally established will sure award the pun
lshment known ~ the laws God forbid that such
crimes should 60 unpublished go
III black catalogue OF oifenses these VIII forever
be esteemed the darkest and deepest ever commit ted
/ by shining man. Aud in common with the CIVILIZED
world do wish that every legal punishment may Dc
legally inflicted upon all who participated IN them.
! word more gentlemen, and thanking you for your
kind attention. shall have done have NOT reDarseu
the evidence III the case OF Mrs Surra nor Is u ny
purpse But il is proper that refer 10 her case I'D
| particular for single moment
That woman, well educated, and, Ms far as we can
Judge from oil her past e as wehave IN the evidence
dcyout Christian ever kind, a1ecuonate ara chait-
be with no motive disclosed to US that could have
caused total change in her very nature could have
participated ia the crimes in question. IT Is almost I'm,
possible 10 believe Sucb belief can only be forced
upon n reasonable unsuspectng, unprejudiced mind by
direct and uncontradcted evidence, coming from pure
and perfectly unsupported sources. Have we these
Is the evidence uncontradictedf Are the two wit
nesses (Wechmsn and Llnyd) pure and nnsusPectedf
or the particulars OF their evidence say nothing.
They will be brought before you BY ny associates bul
this conclusion In regard 30 these witnesses must have
In the minds OF the Court and is certainly strongly
impressed upon my own, that II the facts when they
themselves state "a their connection win Boom ana
PAYNE are true their knowledge of the purpose 10
commit the crimes and their participation In them Is
much satisfactorily established than the alleged
knowledge and participation OF Mrs. Surratt
As far. gentlemen, as an concerned heI case ID
now in your hands.
THE ARGUMENT FOR HAROLD.
F. Stone esq, counsel for Harold being necessarily
absent, the argument prepared by him was read by
Mr. James j. Murphy. Of the official reporters OIL
the Court Il by saying that at the earnest
request Of the widowed mother and estmable sisters ~
the accused he bad consented 10 act as his counsel
After denying the Jurisdiction Of tho Court the counsel
SAYS the charge In thus consists OF several distinct
and separate ofenses embodied in one charge. The
parties accused are charged with IN sa Oh
kill and with lying in wait IL II ex remedy d0ubunl
from the language Of the charge and the specihcnon
under which Of the following crimes the accused mar
rod in arraIgued aud Is his trial VIZ; FIRST
Whether he tTal for conspiracy 10 overthrow me
Government Of the United States. punishable
by the act Of the Congress Of tho United states
passed on the 3Ist Of july ls6l or second. Whether
he his trial Tor giving aid and comfort 10 the exist
ing Rebellion, as punishable by the act OF Congress
passed toe l7th Of July 1865? or third whether lie Is
on bis trial for aiding ard abeitng the murder OF Atra
ham Lincoln Pres.Gent Of the United States. HIS
counsel veli understands the legal dfhbition oil the
three crimes above mentioned but does not understand
that either TO the Common Law to the law Of War 10
known any one ofense comprised OF the three crimes
mentioned in this charge. He knows Of no one crime
aid of tue Rebellion, distinct and separate from the
well known and defined crimes Of murder Of con:
spracy in aid Of the Rebellion. Of giving aid anc
comfoft 70 the Rebellion, as defined by the Act Of
Congress. 1t is extremely doubtful. from the
language Of this charge whether the murder
Of the President Of the United States not referred
10 "a the mere means oy which the consprstors gave
aid and comfort TO the Rebellon whether II was not
merely the overt act by which the crime of aiding the
Rebellion was complete
F.rst--As TO the crime Of conspiracy counsel after
r,vIewng tue testimony for the Government says these
facts would probably convict nifty people bnt they 90
not give. either parhiey or collectively Tue bgnest
evidence that THIS boy Harold ever conspred with
Booth and others In aid Of the Rebellion aud Tor the
overthrow OF the Government Of the United States
They show nothing thai might not have occurred I"
any one perfectly consistent with the most peifect
innocence. The term confidential COMMUNICATION Is
the witness Weichmans own construction. lie meant
only sey bst the three were talking together that
after leaving the theater together where they bad been
tie three stopped and went into restaurant and that
be found them there talking together near stove >"
much for the conspiracy Of the fact that Tbs boy
Harold ader ard aDetter IN tLeeschpe oi boOlh
there was no rational or reasonable doubt.
He wa clearly guilty Of that crime and must abide by
its consequence but the accused by his counsel alto
gether denies he guilty ~ the murder OF Alba
lam Lincoln tina, he aided or abecd in such nur.
der set forth IN the specifications and charge B1t
though Booth exercised unlimited control over this mis-
cradle boy body and soul he found him unit Tor deeds
OF blood and violence. lie cOwardly, he was too
weak and trHinV but still lie could be made useful lie
knew some Of the roads through lower Maryland ana
Booth persuaded him 10 act as guide fooboy coInpan
Ion. This accounts for their compaDionship. There
one piece Of evidence introduced by the Govern
ment tat should be weisbed by the Commision 1t is
the declaration Of Booth made at the time Of his cap
tureI declare before my Maker that this nan II limo
cent Booth well knew the time he made that declar
alton that his hours If not biz minutes were numbered
There II evidence 10 prove that Harold procured.
cOuuseled, commanded or allotted Booth 10
the President Of the United States The feeble aid tnat
he could render 10 any eUtcrprise rendered In nc
companying and aiding Booth In his fight and nothing
beyond. hat itself il grave crime aud carries with
it ts appropriate punishment. Counsel concludes the
defense with quotation from Benet Military Law
aud Courts NJ artn where the puashmcnts for paItic
ular oonses not fixed by law bay ie discretionary
with Courts. The above mandate Of the Constitution
must be directly kept in yew aud the benign influence
of mandate from still higher law ought not 10 be g'
oored-that justice should be tempered with mercy.
The elaborate argument Of which the above Is mere
notice. is signed by f. Stone. Counsel for ID. l..
Harold"
THE ABGUhLNT FOR ARNOLD AND OLAUGHLIN.
Mr. Cox next offered his argument on behalf Of Ar
n old and OLaughn. ii, said thot for himself, exc
Grating he did the Odous crime wrought the Chief
Ma istrnte Of the Nation he wOuld have been will
ling connect his with Tins dense until be iet
sure the accused merely the victim Of compromis
ing Appearances and wholly innocent Of the great
offense The evidence, he cOniended showed tnas
even il these Two accused wero Degued Tor Homeht
10 listen 10 the suggest Of this restless schemoF,
Kootb vet there was blood their hands, and they
were wholly guitess OF all previous knowledge Of and
III th4t arch deed Of NAL when plunged