The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-06-16

QNITED STATES CoURT.-The cAse of the
alleged steamer Michigan co~nspirstors,
Rosenthol and Msrricf, was finally dis
posed Of yesterday morning. Major R. j.
Person, q rebel prisoner on JohnBonis
Island, wa brought down here on 3 writ of
ha6eas corpus, and gave in his testimobySE
to the character Of Cole, whom he knew in
the Confederate Service and IS to the con-
tents Of s letter addressed to him, which
Cole claimed to have thrown over into the
bull-pen.
The substance of his testimony is as
followst
BE was 8 Major Of the 5th Tennessee
Confederate Infantry, and was captured
before Atlanta, July 2Sth, 1864. Since
August he has been imprisoned on John
sons Island. C. D. Cole was q Lieutenant
in his regiments he knew him wsllj he
was csshiered in December, 1868 always
knew him to be such 8 consummAts liar
that he would not believe him under oath (,
while a prisoner he twitness) had received
q note penned on an envelope, which was.
handed him by a man who said he found
it in the bull pen; said letter was lost, but
the gist Of the contents was this The note
said that the writer was ordered to be hung
but that, in the event of his death, certain
parties in Canada would take revenge; that
he had one vessel already in his power;
that his entire plan would lave succeeded
but for it's exposure by one of his own party;
that the writer's wife, "BelI Brandon
was in Communication with a prisoner on.
the Island, whose name witness had for
gotten that be spoke about the matter 70
Said prisoner, but he denied having re-
ceived any such communication.
After the defense had stated; With the
assent of the prosecution, that the de-
PENDANT, Mr.. Merrick, had been actively
engaged in raising men under the first call
for $4,000 troops, the case was submitted
without argument, the defense ssking the
Court to instruct the jury, in the charge,
as to the bal character Of the testi nory for
the prosecution.
Judge Wilson then proceeded to charge
the jury, reading the Indictment and the
provisions of the act relating to conspiracy,
under which the Indictment was found. It
is held not necessary in establishing the
charge Ofconspirscy, that the project Of
the c~Onspirators shall have been success
fully carried out, nor is 1t necessary in
establishing the guilt of the defendants,
that the conspiracy shEll have commenced
with them, or that they we're present when
it was set on foot. The evidence taken
fully established the fact that there was q
conspiracy to seize the steamer Michigan,
and as this was not denie d by the defense,
the only practical question was Whether the
prosecution had established the completely
of the defendants.
The evidence on this point rests chiefly
on the testimony Of Cole, Anna Brown, his
mistress and acknowledged accomplice,
and them man Robinson. The Judge quoted
authorities as to the degree OF credit to
be given to the testimony of an accomplice,
&c. ~Accomplicss are not held to corrobo-
rate zach other, and hence if the jury
should determine the mistress and Robin
son to be dccomplices, 1t would require still
further cOrrobOrative evidence to establish
the guilt of the defendants.
After the charge BY the Judge, the jury
went out,and after an half hours consulta-
tion, returned with a verdict o" OF guilty"
The court adjourned to three O'Clock,
when the case of o. G. Olmsted was called,
but olmsted did not appear. We are in
formed that on Wednesday he had given
bail in the sum of $500, for his appearance
next day. The court her adjourned to
Tuesday morning of mex week.