Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-28
SECOND EDITION.
S O'CLOCK p. n.
THE CONSPIRACY TRIALS.
Proceedings To-Dax.
JUDGE BINGHAM'S CLOSING ARGU.
MENT.


The Commission assembled this afternoon,
being called to order at a few minutes OF two
o'clock. There was q large number Of persons
present, including many ladies, some Of whom
have been present nearly every day the trial
has be en- in progress.
After the proceedings OF yesterday had been
read, Judge Bingham proceeded with his ar
gument on the case. which was listened to in
profound silence, and the prisoners giving close
attention.
Judge Bingham having yesterday completed
his argument on the jurisdiction OF the Court,
proceeded to- day to sum up the evidence, and
present his views OF the law arising upon the
facts in the case cn trial. The questions OF
fact in yolved in the issue are:
First. Did the accused, or any two them,
confederate and conspire together as charged!
and,
second. Did the accused, or any of them, in
pursuance OF such conspiracy, and with the
intent alleged, commit either or all OF the sew
eral acts specified
If the cons piracy be established, as laid, it
results that whatever was said or done by
either of the parties thereto in the furtherance
or execution of the com mon design, is the decla-
ration or act of all the other parties to the con-
spracy; and this, whether the other parties,
al the time such words were uttered, or such
acts done by their confederates, were present
or absent here, within the intrenched lines of
your capital, or crouching behind the in
trenehed lines OF Richmond, or awaiting the
results OF their murdersus plot against their
country, its Constitution and laws across the
border, under the shelter of the British flag
The declared and accepted rule OF law In
cases OF conspiracy is that "in prosecutions
for conspiracy it Is an established rule that
where several persons are proved to have com.
biEed together for the same Illegal purpose,
any act done by one of the party, in pursuance
OF the orr :inal concerted plan, and in refer
ence to the common object, is, in the contem.
plation Of law as we'll as in sound reason, the
act of the whole party and, therefore, the proof
OF the act will be evidence against any Of the
others, who were engaged In the same general
conspiracy. wI1nont regard to the Question
whether the prisoner is proved to have been
concerned in the particular transaction -
(Phillipps on Evidence, p. 210)
The same rule obtains in cases Of treason
q East, Pleas Of the Grown, p. 81; Roscoe, ST.
Also, e1 porte Bollman and Swart'gout,
CIanch, 1885, Marshall, Chief Justice; and
United States VS.. Cole ct al, 5 Mclean, COL,
Mr.. Justice Mclean.
He also qnoted in this connection from 9
Starkie 232, Blackstone 3s'e: Roscoe AIS, I'd Star
kie 237.
They are all alike guilty as principals -
Commonwealth VS.. Knapp Q Pickering, 1885,
10 Pickering, III. Term Reports. SIS IL East,
5s3.)
He then proceeded to consider what is the
evideI &c, direct and circumstantial, that the
accused, or either of them, together with John
Davis, George n. Sanders, Beverley Tucker
Jacob Thompson, WilliamC. Cleary, Clement
C. Clay George Harper, and George Young,
were guilty Of the charges set forth.
The time, as laid In the charge and specifi.
cation, when this conspiracy was ntered into,
is immaterial, so that 1t appear by the evidence
that the criminal com bination and agreement
were formed before the commission OF the acts
alleged. That Jefferson Davis, one Of the con.
splrators named, was the acknowledged chief
of the Hnsdb asssa against the
jacob Thompson, George N. Sanders, Clement
he we're hnd a ahsrs IL
and authorized agents to act in the interests of
said rebellion are facts established by the ties.
ffy,nnv int &c har-o n
Davis, as the leader of said rebellion gave to
those agents, then in Causda, commissions in
blank, bearing the official signature OF his war
minister, James A. Seldom, to be by them
filled up and delivered 10 such agents as they
hight employ TO act in the interests Of the re-
beiiion within the United States, and intended
to be cover and protection for any crimes
they might therein commit in the service of
the rebellion, are also facts established here
and " hich no man can gainsay.
Judge Bingham proceeded to inquire WIN
doubts that parties were commissioned by
these accredited agents Of Davis to COMMIT
arson, robbery, and the murdeEA4 pltyate citfSk
zens; the murder OF our captive soldiers by
steamers; the importation Of pestience into
our camps and cities, and into the house OF the
President, for the purpose OF destroying his
stoned advocates Of this rebellion, that
H ans, " no testifies as to the latter point
being infamo1s, is not to be believed. 1t is
admitted that he is infamous, as it must be
onceded that eny man is infamous who either
participates in such crime or attempts In
anywise to extennate it. But it will be Oh.
served tina, Hysas is supported by the tess
Blackburn and the other rebeYagents in Canaan
speak of this internal project, and by the testi.
mony Of Mr.. Wall the well.kncwn auctioneer
Of this city, whose character is unquestiohed,
that he received this importation Of pestiience,
(of course without any knowledge OF the pur-
pose and that HyaI1. consigned the goods to
itself an Acknowledgement OF guilt; and that
be received afterwards . letter trona Harris,
dated iLs, Toronto, Canada West, December I.
been able TO come to the States since
his return to Canada, and asked for an
account of the sale. He identifies the Godfrey |
Joseph Hyams who testified in the court as
he J. w Harris W no imported the pes sience. |
The very transaction showsthat Hyam's state
nent 70 truthful. He gives the names OF the
.. Clay, DR.. Blackburn, Rev. DIR Stuart BIB, !
nson, j. C. Holcombe-all refugees nor the
Gonr. deracy in Canada, y and states that he |
rave Thompson q receipt for $50 paid to him.
Ind that he was by occupation q shoem alsr
n meme Of which facts is there au ATTEMPT TO- 1
1iscredit him. 1t is not probable that man l
ranks OF clothing, ship shem all the way from 4
Halifax to Washington, and then order them
o be sold at auction, without regard to price
that past of his statement is verb
led by the results at NewberD, North Caroli.-
IA, to which point, he says, portion OF the
he 1ssuit Of which was, that nearly 900 Cit.
,ens and soldiers died there about that time
with the yellow fever
That the rebel chief, Jefferson Davis, sane i
icned these crimes, committed and tempted i
hraugh the instIumentahty OF his accredited \
agents In Canada-Thempson, Clay, Tacker, 1
Sanders, &c, upon the persons and property
Of the people Of the North, there is positive
proof on your record. The letter brought from
Richmond, and taken from the archives OF his l
late pretended government there. dated Feb.
ruary11, 1865, and addressed to him by a late I
rebel senator from Texas, W. s. OLDHAM, shows /
by its endorsement in Davis's hand writing
that he only wanted to be satisfied that this /
system Of al son and murder could be carried /
on by his agents in the north successfully and |
without detection. With him il was not . l
crime to do those acts, but only q C.ime to be |
detected In them. The intercepted letter OF mis-
agent, Clement @. Clay, dated at st, Cathe-
aas Of .s S. = sn s
had attempted, and suggestion made through
T. p. BENJAMIN. rebel secretary Of State, Of
what remained to be done. In order to maize |