Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-15

1nis 1e Gil tnat can say.
rnent OF the learned Judge Advocate to the re-
quest that have made. i put that req nest in
writing, so that might convey my meaning
the Judge Advocate that the only crime
charged against these parties is conspiracy.
The Judge AdYocate.-A conspiracy, as al.
legged, to murder the President of the United
states and the members of the Government
mentioned, and the execution of that conspi.
racy as far as it went, and the attempt to exc.
cute 1t as far as alleged.
Mr.. Ewing But I ask what crimes are
charged. should like to have them enume.
The Judge Advocate Il confess that nv
knowledge OF language does not afford me any
more distinct designations tnan those which i
have employed in these pleadings.
General Kautz-It seems to me this appli.
cation should have been made when the charge
and specifications were first read.
Assistant Judge Advocate Burnett.-If the
pleadings were not sufficiently distinct, that
was the time when reg uest should have been
made to correct them.
pertinent now, and it would, Of course, have
been pertinent at the beginning. did not see
the charge ar d specification until after my
clients had pleaded; nor did get seat in the
court room until evidence was being intro
duced. have devoted great deal of time to the
study OF this charge and specification, and the
in entire good faith, for the purpose Of learning
whether my clients are charged here with four
distinct crimes-to wit: conspiracy, murder, as
ult and battery with intent to kill and lyingin
wait-or whether they are charged simply with
one crime--conspiracy. And after the same
deliberate consideration of the charge and
what code or system Of laws the crime of
'.traitorously murdering,' "traitOrously lying
in wait" "traitorously assaulting Wi tn intent
to kill" are defined, and their pnnishmeuts
provided. II l can get no other answer than
the answer the Judge Advocate has given,
rest.
ID
application that the Court will order that the
Judge Advocate shall open the case
Mr.: Ewing.-The Judge Advocate is an off,
Ger Of the Court.
The Judge Advocate Il really do not see
what the Court could do for the relief of the
learned gentleman any more than can do
myself, by any order it might make. / do not
think can present this acc cnsation in any terms
more distinct than those which have been en-
ployed already.
Mr.. Ewing.-I should like an answer to the
question, how many distinct crimes are the ac-
cused charged with, and what are the crimes
cannot tell from the charge and specifications,
Assistant Judge Advocate Bingham Il I'M.
derstood You to say there were four.
Mr.Ewing.-lt seems to me so, but should
The judge sd stated ID ITEM ans 9rasf m
as charged with conspiring to assassinate the
President of the United States, and the various
members OF the Government named in the
pleadings: and they are further charged with
having executed that conspiracy, so far as the
assassination Of the President was concerned,
and the attempt to assassinate the Secretary Of
State, and to have attempted Its execution, SO
far as concerns the lying in wait and other
matters, which are distinctly set forth as in
dicating the individual action OF each of these
conspirators in connection with the general
programme OF CRIME as charged. all being in
pursuance of the conspiracy, all alleged to be
in aid OF the rebellion, and, therefore, properly
charged as .traitorously' done, as well as
Assistant Judge Advocate Bingham:-I have
no hesitation, If the . udge Advocate General
will excuse me in making this remark to Mr
Ewing, not at all under the belief that by it 1
shall do anything more than to suggest to him
what he already knows, that the act OF any
ton is the act of every party to that conspir.
acy; and therefore the charge and specification
that the President was murdered in pursu
ance of it by the hand of Booth. is direct and
unequivocal charge that he was murdered by
every one of the parties to this conspiracy,
naming the defendants by name. We rely for
generai and accepted rules OF the common la ",
as declared in onr courts, as well as in other
courts where the common law obtains.
Mr.. Ewing.-1 understand that law OF cor.
spiracy perfectly well, but want 70 renew
again my inquiry, whether these persons are
charged with the crime of conspiracy alone,
and that these acts Of numbering, assaultiag
ard lying in wait Were merely acts done in
execution of that conspiracy
Assistant Judge Advocate Bingham.-And
not crimes
MIR. Ewing.-Or whether they are charged
with four distinct crimes in this one charge,
Assistant Judge Advocate Bingham.-I an
swer The gentleman again, that where parties
are indicted for conspiracy and the execu-
ton thereof, 1t is but one crime at the common
law, and that, upon all authority, as many
overt acts in the execution of that conspiracy
as they are guilty Of may be laid in the same
count; and rest il upon the authority OF Hale,
and Foster, and Hawkins.
Mr.. Ewing.-It is, then, ! understand one
crime with which they are charged.
Assistant Judge Advocate Bingham.-One
crime all around, with various parts per-
formed.
Mr.. Ewing.-The crime of conspiracy
Assistant Judge Advocate Bingham.-It is
the crime Of murder as we'll. 1t is not simply
cohspiring, but executing the conspiracy urea
sonably and in aid OF the rebellion.
Mr.. Ewing.-1 should like an answer to my
question, II 1t is to be given: How many dis
tinct crimes are my clients charged with l
Assistant Judge Advocate Bingham.-We
have told ysu, 1t is all one transaction.
The Judge Advocate..It may be my mistor-
tleman has not already the answer which he
seeks. 1 cannot give him a better one.
in,eilie1bie to me in response to that N question,
a question of the utmost gravity, q question
deeply affecting the lives and liberties Of those
answer to the other branch OF the inquiry ::
BY what code or system of laws is the crime OF
"traitorously" numbering. or "traitorously''
aseaulting with intent to kill, or 'traitorously"
The Judge Advocate.-I think the common
law of war will reach that case. This is @.
crime which has been committed in the midst
Of great civil war, in the capital of the coun-
try, in the camp of the Commander in. Ca ief
OF our armies; and II the common law Of war
cannot be enforced against criminals OF that
character, then l think such q code is in vain
in the world.
Mr.. Ewing.-Do you base it, then, only on
the law of nations
The JXdge Advocate-The common law OF
war.
Mr.. Ewing-Is that all the answer to the
question:
The Judge Advocate-Iti is the one which
regard as perfectly appropriate to give.
Mr. Ewing.-I am as much In the dark now
as to that as was In reference 10 the other in
quiry.
General w Wallace-I understand MIR. Ewing
to make an application that the Court shall
direct the Judge Advocate or his assistants to
make q statement