The New York herald., 1865-06-22
continuation Of Arguments Of Counsel
for the Prisoners.
'Payne's Guilt Not Denied, but Ralli-
ated on tho Ground Of South.
ern Education.
he is Pronounced Pro-Slavery
Fanatic and Hero.
PARTIAL CONFESSION OF ATZER0TT.
Hs Was Willing to Capture President
Lincoln but Not to Kill Him.
Mis Assignment by Booth to be Vice President
JohnSonS Murderer.
j 1snnsse.!9aNaL DEFENCE OF MRS. sUBRATT,

for Payne and Atzerot proceeded to read his argument
in behalf Of Payne There three things he said in
the Of the prisoner Payne which admitted
yond cavil dispute First that he s the person who
attempted to take the life of the Secretary of State;
second that he s not within tho medical definition Of
insanity third that he believes what he was doing was
right and usable The questions to his identity and
sanity are therefore, settled among the things OF
the past, and the solo remaining question s how far
shall his convictions to mitigate his punishment
He used the word punishment deliberately and with the
consciousness that In 30 doing he admitted that II the
prisoner responsible being he ought TO be punished
and he said because he could allow his duties
counsel to interfere with his convictions 20
far as 70 make him blind to the worth Of the
hfe Of distinguished citizen and to the awful
consequence of an attempt TO take 1t away IT, indeed
such attempt should be allowed go without rebuke
then seemed him the office ID but perlous expo.
sure to violence The highest compensation for public
service the destruction that follows assassination and
then our public servants but ptabe and defenceess
offerings to sedition and surely any public de-
served to be excepted that fate Il was the usrous
and sagacious salesman who during long life Of arduous
aud public who in the darkest days Of dscord
mas prophesied the triumph Of concord and who all
s e ,y na tho
and as fully as the occasion demands understand the
convictions of the prisoner the counsel proceeds give
Q sketch OF his life, the customs under which
he was reared, and the education which he re-
~caved. Lewis Payne Powell is the son Of the
supposed to live at Live Oak station on the railroad be-
tween Jacksonville and Tallahassee in the State Flo
sides himself his father six daughters and two sons
he lived for times in Worth and Stuart counties
Georgia and in 1859 moved to Florida. At the breaking
out OF tho wal, but four years ago. the prisoner
lad OF sixteen engaged in experimenting his fathers
plantation and number Of slaves We may safely pre-
<e he daily hoard the preccps Of the Gospel from his
father and that in the society Of his sisters the hardy life
OF planter was sortened by the charms Of refined and
egous circle and that in the natural Of events
ne would be to-day. as he was then, farmer and
nsnest man But in 1851 war broke out; War, the
which spread like nre was not long in reach.
ing Live Oak station. His two brothers enlisted,
stuarts company in the Second Florida infantry com.
manded by Colonel Ward, and ordered to Richmond
Mr. Doster proceeded to consider what in the eyes Of
this Florida boy, the meaning Of the war; and what
the thoughts that drove him from pleasant home
she ned Of arms The counsel pictured in vivid Ian
, guage the auspices under which young Powell was
trained in slave community where II was the custom
20 defend the institution OF slavery In meeting houses,
political gatherings and in family paces where
the practice to whip and burn who preached against
the institution and to hunt fugves with boodhOunds
OF the lad the meant to abolish this CUSTOM and up
heave society from its foundations. His inheritance
rcgion confounded his politics heresy. For this the
lad going to fight in the defence Of social system
He was going to fight in behalf Of the traditional
q third reason, he was going TO fight to
show that he better man than the Northerners,
der the deep conviction prevailing his section that
her blood and breeding better than that of the Nor
thernere. The fourth reason was to repel invasion
These were his but hs had been schooled and
trained 10 by the bowie knife and pistol code Of
honor prevalent there. The counsel asks whether In
the wide world there ia another school in which the
don az in this slave autocracyf Mr D. proceeds to ar
que that in this prisoner is TO be found the legitimate
moral offspring Of slavery, State rights chivalry and de-
fusion and then goes on 70 inquire II We as the Amer
can people are not responsible for the wicked school
In which he was educated, and IL we will deter
miae to destroy him because he learned but
instructed But there is another school before him
tho school Of At Richmond his regiment Joined
the army Of General Lee, and was joined TO A. p Hills
corps With 1t he passed through the Pennsular
paign and the battles Of Chancelorsvle and Antetam
Hore he heard that his brothers had been killed at
the battle Of Murfreesboro Finally on the Sd Of July
1s63 in the charge upon the federal centre at Getys
eurg be was wounded and taken prisoner and detained
In Pennsylvania hospital Tho demoralizing
effect OF his two years campaigning private In the
army, which be entered boy OF sixteen, s shown
he Is Of that army who made baskets and cups out
of the bones OF Union soldiers who starved their prs
oners who plundered the dead who slew after
osbs 10 hs %aI arm% naT s
believed any means jus1able that helped the cause
OF sonthern independence; and finally, IN army
that held the person and Cabinet Of the President Of the
United States In holy execraton This Is the horrible
Generalization Of civil war; respons BILE for
shs should the responsibility Of the acts Of this
plastic boy who Inc world in the year Of the
ann,xati0n OF Texas, has lived but four admin.
istrstons, Is younger than the last compromise with
slavery He s the moral product of the war; and belongs
to those who rst began IT, How does he differ from the
other rebel soders' The best rebel soldiers have fred
10y stealth from Baltimore and aimed 70 destroy the gov
srnrnent by sudden blow. So did he What, then, has
hr done that every rebel soldier has tried to dor Only
ths: be has venturcd MORE he has shown higher
age, better hate, ready sacrifice. He has aimed
at the head Of department instead Of the hosd Of corps
To the President appeared the savior OF the nation
from civil and Mr. seward the great pacincator-
the savior from foreign But TO this boy and to Ave
millions OF his fellow countrymcn the appeared
the usurper invader and vioator Of laws and the de-
stroyer OF e liberty and property and the other as his
adviser in oppression, and the slippery advocate Of an
Grf He nrsd froun thn HoIfh fhprn
army simpy because he surpassed In courage and he
differed from patriot and martyr, simply because he
WAS mistaken In his duty But there is third school
before him. From Gettysburg he was sent TO West
Buildings Hospital, Pratt street. Baltimore and remained
deserted for his regiment OF cavalry at Fauquicr He
remained in that service ill January 1895 On that
day, as We % ses BY the narrative Of Mrs Grant, he
same time he like many other Southern soldiers
began to despair Of the confederscy came TO Aexan
drs, sold his horse, gave his name az PAYNE took
the oath OF allegiance refugee from Fauauer and
went 70 Baltimore and took room at the house OF
Mrs Bronson the lady he had met at Gettysburg and
resolved wait for the return OF peace. In this
school-the rebel cavalry servicehe received further
Ss 81
an added acrimony and hate for those deemed their
oppressers But there s . fourth school before him
the school OF necessity. He was In Baltimore without
trade or profession; he unused TO manual labor; In
perplexity he whied away his time In reading medical
works aud brooding In his chamber While in this
dton the fracas occurred his boarding house by which
me was arrested brought before the Provost Marshal
rand ordered north Of Pbadelpba Everywhere the sky
is dark TO him. He 10 prescribed among Northern men
a. rebel, despsed among Southern men In Baltimore
rs recreant Southcrner and byword among southern
men at home-a deserter Pepniless and friendlcss
She earth seems to reject him, and God and
man 10 be against him. This is the work
Slavery has taught him TO wink murder the Southern
army has taught him to practice and justify murder
rls warfare has taught him TO love murder; necessity
has taught him resolution TO commit murder. He needs
20 further education His four terms complete He
graduates an assassin and Of this college the people OF
Che United States have been the tutors guides and
professors II needs only that some should
Saploy him ~ the beginnips OF Vie war Powell Qps