New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-29

procurer Of assassination not well DONE 1t had
been better it had been well DONE 1t appeared by
to kill and murder the deadest enemies of the Confed
eracy not to kidnap them is now pretended here;
that by the declaration of Sanders Tucker Thompson,
Se a mafPer anu thsm
was to kill and murder Abraham Lincoln. William II.
Seward. Andrew johnson. Ulysses 5. Grant, Edwin
NJ Stanton and others Of his advisers and not kdnap
them. 1t appears from every uterance Of John Wilkes
Booth well from the Charles Seby letter. that as
early as November the proposition with him was to kill
and murder not to kidnap.
COOPERATION ESTABLISHED.
The learned gentleman entered into an elaborate
view Of the evidence; saying that there co0pera
ton between the several accused In the execution Of
this conspiracy is clearly established by the test
mony as is the fact that Abraham Lincoln was killed
and murdered by John Wilkes Booth. The evidence
shows that all Of the accused Mudd and Arnold
were in Washington the l4th of April the day Of the
assassination. together with John Wilkes Booth and
John II. Surratt that on that day Booth had secret
interview with the prisoner Mary f. Surratt that i'm
mediatey thereafter he to Surratsvie perform
her part Of the preparation necessary TO the successful
execution OF the conspiracy and did make that prepare
ton; that John ii. Surrat had arrived here from Cam
ada notifying the parties that the price TO DO paid for
tie great crime had been provided for least in part
by the deposit receipts Of April for slso COO procured
by Thompson Of the Ontario Bank, Montreal Canada;
that he was also prepared TO keep watch strike
blow. and ready for the contemplated fight that At
zerodt on the afternoon of that day. was seeking TO
obtain a horse the better 10 his safety by
fight after he should have performed the task which he
had voluntarily undertaken by contract in the o0nspir
acy. the murder of Andrew johnson, then Vice-Pres
dent Of the United States; that he did procure horse
for that purpose at MAYORS. and was seen at o'clock
in the evening TO ride TO the kirkwood House, where
the Vice President then was. dismount and enter At
previous hour Booth was at the Kirkwood House
and left his card. now In evidence doubtless TO
be sent to the room Of the Vice President,
and which In these words; Don't wish
10 disturb you; are Won ut home ~ Wilkes Booth"
tserodt when lie made application of Brookss in the
afternoon for the horse said to Weichman. who was
81. h. h,
going 10 get horse and send for Payne He did get
horse for Payne. well for himself for II is proven
that the 18th he was seen in Washington riding the
horse which had been procured by Booth in company
with Mudd last November, from Gardiner. A similar
horse tied before the door Of Mr. Seward on the
night Of the murder and was captured after tho
flight of Payne. who seen to ride
away. and which horse is identified as the Gardi.
ner horse; Booth also procured horse on the Same
day. took it to his stable in the rear OF the theater.
where he had an interview with Spangler and where
he concealed it; Harold too obtained horse In the
afternoon. and was seen between aud 10 o'clock riding
with Atzerodt down the avenue from the Treasury.
then up Fourteenth and down Est, passing
close 20 Ford's Theater; O'Laughlin had
come to Washington the day before had sought ont his
victim Gen. Grant at the house OF the Secretary OF
War; that he might be able with certainty to identify
him. and at the very hour when these preparations
were going on was lying in wait at Rulmans on the
avenue keeping watch. and declaring he did at 10
Booth: 81 don't believe Booth did it, During the
day and night before he had been visiting Booth and
doubtless encouraging Hlu anu NJ tnht ttIg "h-
in position at convenient distance 20 aid and protect
him in his fight well 20 execute his own part OF
the conspiracy by inActing death upon Gen. Grant,
who, happily was not at the 'hen.er nor IN 'se eiIr
having sscetsned In the course OF the day that Gen.
Grant would not be present at the tbester OLaughn,
who to murder Gen. Grant, instead Of entering
the box with Booth detailed TO lie In wait and
watch and support himf Judge Bingham infinitely
detailed the circumstances In connection with al Of the
accused to show that they were clearly eo-eoasprs
tors. and concluded his elaborate summing up as io
lows;
CONCLUSION.
Ifthis reasonable conspiracy has not been wholly
executed IL the several executive officers Of the United
States and the commander Of its armies 10 kill and
murder when the said several accused thus coneder.
ated and conspred have not each and all fallen BY the
hands Of these cOnspIatOrs thereby leaving tho people
of the United States without President aud Vice
President without Secretary Of State who alone Is
clothed with authority by the law TO call an
election 10 fill a vacancy, should any arise, in
the Offices Of President and Vice-Prcsdent
and without q lawful commander Of the armies OF the
Republic it is only because the conspirators were de-
TERED by the vigilance and fidelity OF the executive
officers whose hives mercifny protected on that
ieht of murder by the Of the Infinite Being who
has thus far saved the Republic snj crowned Its
with victory. II this conspiracy was entered Into by
! the accused; If John Wilkes Booth did kill ard
murder Abraham Lincoln in pursuance thereof; II
Lewis Payne did In pursuance OF SAID conggirecy as
saut with intent kill and murder William H. Seward
as stated and If the several parties accused did com
nit the several acts alleged against them In the prose-
cution of said conspiracy then IL the Law that oil the
parties that conspiracy whether present at the time
oits execution not whether on trial before tins court
or not, are alike guilty of the several acts done by
each in the execution Of the design What these
sprators did in the execution Of this conspiracy by
the hand Of Of their consprators, they did them
selves His act done in the prosecution OF the common
design the act Of all the parties TO the treasonabe
combination because done In execution and fuitner-
ance Of their guilty and reasonable agreement As we
have seen this the rule whether all the consprators
are indicted or not whether they all trial not
1t is not material what the nature OF the indictment
is provided the ofense involve conspiracy Upon IN
dctmen for instance If 1t appears that others together
with the prisoner conspired TO perpctrate the crime;
the act Of done in pursuance OF that Intention.
should be evidence against the rest Wharton 7oo
To the effect the words Of Chief Justice Mar
shall before cited. that whoever eagued in a general
conspiracy, performed any part however minute. or
how ever remote from the scene OF action guilty
principals In this reasonable conspiracy TO aid the
existing armed Rebellion by numbering the Executive
officers Of the United States, aud the Commander
OF its armies oil the parties 10 II must he held az princi'
pals and tie act Of one in the prosecution Of the COM
mon design the act Of all leave the decision OF this
dread issue TO the court 10 which 1t alone belongs 1t
IL 10 say upon your Oaths whether the accused
are entity / am not conscious that in this argument
have made any erroneous statement OF thc evidence.
or drawn any erroneous cOnc usions. Yet pray the
court ont of tender regard and jealous care ior
the rights Of the accused to see that no
error Of mine. II eany there be- shaii work
them harm. The past services OF the members OF inns
honorable court give that without lear aVor
or affection they will discharge with fidelity the duty
enjoinedl upon them by their oatbs. Whatever eise
may befal trust in God, that IN thls as IN every
other American court the rights oil the whole people
will be respected and that the Republic IN TINS s su
preme hour Of trial. will be true TO itself ana Just 10
a ready TO protect the rights Of the humblcst to re-
dress every wrong to avenge every crime 10 vndicae
the majesty OF law and TO MAINTAIN hvioiae tna' JUS
tce 20 establish which the Constitution was ordained
whether assailed by hosts armed with gold or armed
with steel
PAPER OFFERED.
Mr. Ewing as counsel for Mudd. Spangler and
Arnold ASKED leave 10 read ~ the Court paper setting
forth that in his opinion that officer had unin,enton
aly tated the evidence in number OF mattefs OF