Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-22
THE CONSPIRACY TRIALS.
THE CASE OF MRS. SURRATT.
ARGUMENT OF MR.. AIKEN.

Upon the conclusion Of MIR. Doster's argu-
ment yesterday in behalf of Atzerodt, Mr.
Aiken read the argument in behalf Of Mrs
Surratt, commencing as follows:
For the lawyer, as well as the soldier, there
is an equally pleasant duty, an equally i'm
perative command. That duty is to shelter
from ia Justice and wrong the innocent; TO pro-
tect the weak from oppression, and TO rally, at
all times and on all occasions when necessity
demands it, to the special defense Of those whom
nature. custom or circumstances may have
placed in dependence upon our strength, honor
and reaches each class from the same authori-
tatlve source. Itcomes from Superior whose
right to command none dare question:, and
none dare to disobey.
In this command there is nothing of that ler
talionis which nearly two thousand years ago
nailed to the cross its Di vine Author. "There-
fore all things whatsoever ye would that men
shsuld do TO you. do ye even SO unto them, for
this Is the law and the prophe ts.' God has
not only given rs life but has filled the world
with everything to make life desirable, and
away of that which we did not give, and
which, when once taken, we cannot restore,
we consider subject the most solemn within
the range OF human thought and human ac-
ton. Profoundly impressed with the innocence
Of our eli ent, we enter upon this last duty in
her case with the heartfelt prayer that her hon.
orable udges may enjoy the satisfaction of not
having single doubt left on their minds in
granting her an acquittal, either as to the tes-
timony affecting her or by the surrounding
circumstances of the case.
After aliuding to the argument of Hon. Rev
erdv johnson, whom he styled the "grdnde de-
Gus columenque" of his profession, Mr. Aiken
discussed with much particularly the plea OF
reasonable doubt, and in applying the rules
which obtain in civil courts to courts martial,
and that they must be governed in the accep-
tance and analysis precisely by these reason
able rules of evidence, that time and expert
ence db auttco, surviving many ages OF
q
guides in the administration of the criminal
law Mr.. Aiken here quoted many authori-
ties sustaining his positions. He claimed that
If Mrs. Surratt could be found guilty in a civil
court she might be convicted here. He then
stated that for private and public reasons 1t
was highly desirable that the findings Of the
Court should be sustained by sufficient evi.
dence. II they were, the public would over
look any irregularity that might be supposed
to exist.
He stated that the case was wonderfully
barren Of even crcumstantial evidence against
Mrs. Surratt; but all that was circumstantial
by no means connected her with guilty knowl.
edge or guilty intent. He then inquired what
these facts were, the character Of this evidenc
in support OF them, and Of the witness, and
whether they were consistent with a reasona.
bic theory by which guilt is excluded.
ment can be gathered from the remarks near
the close, VIA mother and son. associated
in eEms % and sncn crime ss ,nis half OF tn ne
dreadful bearings. Our judgments can have
hardly recovered their unprejudiced poise
since the shock Of the late horrors; if we can
contemplate with credulity such a picture con-
jured by the unjust spirits o: indiscrIminate
accusation and revenge; crime which in
private misery WoSla nar, Of Msd,c vea
Borgia, or a Madame Bocarmi TO wild
confusion before its accomplishment
and daunted even that soul, of all the recorded
and most unshrinking IN sin the indurated
soul OF Christiana, of Sweden; such a crime as
profoundest plotters within padded walls
would scarcely dare whisper; the words form
the upper air would convert all listening
boughs to aspens, and all glad sounds of nature
to shudderiRg walls, and this made known
even surmised to woman "mater famtIias -
The good genius, the s'placens uxor' Of home
where children had gathered all the influences
OF purity and the "reminiscences Of innocence,
where religion watched and the church was
minister and watcher, who were circumstan-
tial evidence strong and conclusive, such as
only time and the slow. weaving fates could
elicldate. and deny.
tainty which cloud the present shall have
dissolved, that woman born and bred in
respectabillty and competence, a Christian
mother and citizen who never offended the
laws OF civil proprIety; whose unfailiug at
tention to the most sacred duties of life has
won for her the name Of ssa proper Christian
matron; whose heart was ever warmed by
cnarfty; whose door was unbarred to the DOOR
and whose Penates has never cause to veil
their faces, who will believe that she could so
suddenly and fully have learned the intricate
arts of SIM
Mr.. Aiken closed with the following re-
marks :-"Let not this first State tribunal in
our country's history, which involves q wo-
mans name, be blaZoned before the world
with the harsh hints OF intolerance which
permits injustice, but as the benignant heart
and kindly judging mind of the wsrld. lamented
victim Of a crime which would, in its ramifi-
cations OF woe, aroused SO many fates, would
.of a.
of peace and charity, with their wool bound
slaves, follow the fasces and axes of Judgment
and law, and without the sacrifice Of any in .
nocent sphigenia, let the ship of state launch
with dignity of unstained sails into the un .
rufted sea OF unien and prosperity"
The Court adjourn ed over Iill Friday.