Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-06-28
By telegraph.
LATEST NE Ws.


WASHINGTON, June II Sanford Cunover,
dfus Wallace, was recalled by the Government,
and testified that after he left Washington
which was on the same day that he test,fied
here, he revisited Montreal, where he met
Tucker, Sanders, Carril, Dr.. Puliiu, Westcott.
and number Of others. They did not know,
at that time, that he (witness) mad been before
this Commission, and, therefore, received him
with great cordialIty Tucker, while speaking
ot the trial, denounced Secretary Stanton
and President johnson as scouudrels, aud
Judge Holt Us a blood thirsty old villain, and
added that they should project themselves.
for, by the Eternal, a day Of reckoning would
come; heavy account would have to De
settled" Subsequently, when il became known
that witness had testified, his life was menseed,
aud, on several occasions, pistols we're drawn,
and threats made TO shoot witness dead, if be
did not swear and subscribe 10 an aftidL Wit, to
the effect that he had not testi6ed before the
Commission, sod that the Conoyer represent.
ing him (Wallsce) had testified to a tissue of
fslsehoods. This the witness represented
was sworn to by him, under duress, with pistols
presented in his face. He did it to save his
life.
A witness named Auser, corroborsted the
above testimony 10 part
John Crately and William D. Jones 9, printers,
from Selma, also testified 10 the handwriting
Of G. w. Gales, of Cahawba, who had pro.
cured the publication Of an advertisement in
in the Selma Dispatch, advertising for one
million of dollars 10 procure the death OF
Lincoln, johnson and Seward.
Judge Advocate General Holt said all the
Government testimony was now in
Assistant Judge Advocate Bingham then
read an argument, 10 reply TO that of Reverdy
johnson, on the Jurisdiction OF the Court. Mr. !
Bingham shows that the proclamation issued |
by President Lincoln, authorizing the trial of
insurgents, their adeis and sbettors, by court. !
martial and military commissions, had been
ratified by act oI Congress
The argument Of Mr., Bingham, Assistant
Judge Advocate, 10 reply TO the several
arguments in defense of Mary L Surratt,
and Others contains the following points
The rebellion, in aid of which this conspir.
acy was formed, aud this great public crime
committed, was prosecuted for the vindicatou
of no right, for the redress OF no wrong, but
was itself simply a criminal conspiracy and |
gigantic assassination.
The Court had already overrued the plea
Of the jurisdiction He would pass it over in |
silence, but for the fact that it had been grave /
ly argued by the counsel for the accused,
denying the authority of the President to
constitute this Commission, is an averment
that this tribunal is not court oil Justice has
no legal existence, and no power to hear and
determine the issue. In making this sverm.nt,
counsel should show how the President could
otherwise discharge the duty enjoined upon
him by his oath to protect, preserve nddeiend
he Constitution, aud take care the laws be
faithfully executed
As TO the assertion that the civil courts are
open in this district, he answered, that they
we're closed throughout half of the Republic,
md were open in this district only by the
orce OF the bsyonet Withdraw the military
orces, would the rebel bands, nfestiDg the
'icinity, allow their Confederates here 10 be
ried in this or any other court. The con
pirator who assassinated the President, was
lot arrested by civil process, but pursued BY
military power, captured and slain Was this
N act o! usurpation2 Who, in all this land,
3 bold enough or base enough to assert it2 Ii
be President isjusti6ed in this act, what Law
ondemns him for arresting in like manner,
nd subjeeting TO trials, according TO military
aw, all other parties to this conspiracy
The Judge Advocate arp ued, the Court hay.
~ been constituted by the President It was
w " lHcH Po"et W ultOUey anu ueclhfe the
ct military usurpation, besides the Su.
RENE Court had decided, that the acce ptance
judicial officer is recognition OF author.
y, from which it is derived. The proposition (
absurd. Gentlemen might as we'll ask the '
upreme Court 10 decide that the President
ad no authority TO nominate, nor the Senate
} confirm, the Judges composing that Court
The Judge Advocate proceeded at length in
ply to the argument of the counsel, citing r
-ecedents and sustaining the action Of the !,
overnment Re showed that all the procls. )
atious the President Issued during the re, r
'llion for the suppression of the same, and y
nong them the one providing for the trial of v
rebels and insurgents, their aiders or
'eltors, BY court martial or military commis.
on we're ratified BY Congress also the Su. 7
eme Court had decided that 20 much OF :,
sse proclamations as provided for the courts N
Artial or military commissions, needed no q
q
The Judge Advocate did not review the o
The Court adjourned until to morrow morn.