Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-19
THIRD EDITION.
G n,ryr nGw ID nj
s O'CLOCK P. N
THE CONSPIRACY TRIALS.
Proceedings This Evening.
CASES OF ARNOLD AND o'LAUGHLI
ARGUMENT OF MIR. COX.

ARGUMENT OF MIR. COX.
Succeeding the argument of Mr.. Stone in be-
halt of Herold Mr.. Cox offered his argument
in behalf of Arnold and O'Laughlin. He said
that for himself, execrating as he did the odious
crime wrought upon the Chief Magistrate of
the nation, he would not have been willing to
connect his name with this defense until he
felt assured that the accused was merely the
victim of compromising appearances, and was
wholly innocent OF the great offence. The ev.
idence, he commended, showed that even If
these taCo accused were even beguiled for
moment to listen to the suggestions of this rest
less schemer, Booth, yet there is no blood on
their hands, and they are wholly suIltless or
all previous knowledge Of, and participation
in, that " arch deed of malice" which plunged
the nation into mourning.
Both the accused ard their counsel have IN
this trial labored under disadvantages not in
cident to the civil courts and unusual even in
military trials. In both the civil courts and
courts martial the accused receives not only
copy OF the charge or Indictment in time 10
prepare his defense, but also list OF the wit
nesses with whom he Is to be confronted, and
to state in advance the general nature OF the
charge he expects to establish and the general
scope of the evidence he expects to adduce.
In this case the accused were aroused from
their slumbers on the night before their ar
ralgnment, and for the first time presented
with a copy of the charge. For the most part
they were unable 10 procure counsel unlll the
trial had commenced; and when counsel were
admitted they came to the discharge OF their
duties in utter ignorance OF the Wnole case
which they were to combat, except as they
could gather from the general language OF the
charge, as we'll as for the most part wholly
unacQuainted with the prisoners and their an.
| secedents, and the consequence is, that the
earlier witnesses for the Government were
| allowed to depart with little or no cross-ex-
animation, which subsequent events showed
was of vital importance TO elicit the truth and
ofnvp1n nNf
accuracy. And he would add that this testi-
| mony has consisted OF statements OF informers
and accomplices, always suspicious, brought
from remote places, whose antecedents and
character it is impossible for the prisoners to
trace.
He was onstrained further to notice the man
ner in which the trial has been conducted.
! The accused were arraigned upon single
| charge 1t described one offense OF some kind,
but however specific in form, it seems to have
been intended TO fit every conceivable form Of
crime " hich the TickedneSs Of men can de-
wise. The crime is located at Washington. yet
we have been carried to the purliens OF Toron-
| to and Montreal, have skrted the borders OF
New York and Vermont, touching at Ogdens-
burg and st. Adams, have passed down the
| ST. Lawrence and out to sea, inspected our
| ocean shipping, have visited the fever hopitals
of the British Isles, and have returned to the
prison pen of AndersoIvilIe, and seen the
camp at Belle Isle, and the historical Libby and
penetrated the secret councils OF Rich mond,
| have passed thence TO the hospitals OF the
| West and assembled the Mississippi, and at
| length terminated this eccentric career in the
| Woods OF New York. Under a charge against
dent and others in Washn 9ten, Jefferson Davis
and his associates have been tried, and in the
| Judgment of many convicted, of star wing, poi
| sonlng, arson and other crimes too numerous
| to mention. He had apprehended that the
| counsel for the accused would appear in g.
false position by their apparent acquiescence
| In this wide range Of inquiry, and therefore
| felt 1t due TO himself at least TO explain. For
| his part he felt no interest whatever ia resist
Ing the exposure of the misdeeds Of the rebel
| authorities and agents. His OILY concern has
| been to show that his clients had nothing to do
| with the conspiracy set forth in the charge. To
the best OF his ability he had scrutinized the
| to their defense.
| With regard to other matters foreign to this
issue he had to say in the first place the charge
| them in evidence 1t imputes that the accused
| conspired with Jefferson Davis and others TO
Kill and murder the President, &c, with intent
| to aid aud comfort the insurgents, &c, and
thereby aid in the subversion and overthrow
| OF the constitution and laws of the United
| States; and on the principle that other acts
| constituting distinct offenses were sometimes
admitted as proof OF intent; these subjects
foreign to the main issue have been put in
| evidence.
| BY no possible ingenuity can these foreign
| matters be used TO the prejudice of the accused
| He had supposed that the object Of introdueing
| them was TO bring to the public in the shape
! OF sworn testimony information Of the prac.
| irregular the proceeding, he had no objection
| TO interpose. He could not for moment sup.
| pose that the object was to inflame prejudice
| against the accused because OF their supposed
| remote connection with the authors of all these
| evils, and for want of higher victims TO make
them the escape goats for all the other atroci.
ties imputed to the reoellion-to annihilate
| them 10 hush the clamors of the public for a
| victim or to appease the Nemesis that has re.
corded the secrets OF the Southern prison
houses or the deadly deeds wrought by fire
| and pestlence.
In regard TO the issue before this Commission
| he had intended to confine himself 10 a simple
| review OF the evidence, but the anomalous
| character of the charge, the uncertainty with
| which they were left with reference to the DO.
sitions TO be taken by the Government, and the
| general course Of the investigation pursued ad
monished HIM that he should present some
legal consideration, at least. OF general char
acter.
Assuming for arguments sake that the Court
has inrisdict ion 70 try the accused upon this
charge he proceeded TO discuss the grounds an
limits OF that jurisdiction and the mode in
which it is to be exercised, submitting some
general reflections upon the character OF the
offences set forth in the charge and specifica.
lions they are known to and punishable by
the civil law OF the land, and proceeded to ar.
que how far this Commission, In dealing with
Them, is TO be guided and restrained by that
law.
Mr.. Cox in his analysis of the crimes charged
said that below the grade OF treason crimes
are ranged under two general heads, viz Eel.
onIes and misdemeanors, and proceeded to deal
with the question OF a conspiracy to commit a
felony and then with q conspiracy to commit
treason. Thence he proceeded to take up the
question fof unexecuted conspiracy and the
case Of party involved In a conspiracy who
shall withdraw from 1t, contending that he is
not responsible for any act done by the others
in prosecution OF the objects of the conspiracy
afterwar
These and other points in this connection
were presented by Mr.. Cox, With large array
of citations from legal authorities.
The question how far tribunals sitting by
virtue OF martial law can depart from the es-
tween crimes, and its scale of punishments was
dealt with at considerable length.
Mr. Cox then proceeded to examine the ev-
ideDce so far as was material to his case. He
claimed in his analysis Of proof that no active
design against the life OF the President was