The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1865-05-25
Trial Of the COnSpiratOrS.
Charge against the Prisoners.


WASHINGTON, May 15.-It appears from
the minutes of the military court, that on
Saturday, Samuel Arnold, through his coun-
sci Thomas Ewing, J., set up the plea
that this military court has no power to try
him on the charges preferred,
for the reason that in these
times of peace, resort should be had to the
civil tribunals.
The court after deliberation, over-ruled
the plea.
Arnold then asked that he be tried sepa-
rately from the others, but this request was
also overruled.
OLaugIlin has procured counsel and is
represented by Mr.. Walter Cox, and Col
VIM. E. Doster appears for Atzerott, and
Payne.
The charge aga inst the prisoners IN sub
stance is ss follows: For between the 9th of
March and the 18th of April, 1865, conspi
ring with John II. Surratt, John Wilkes
Booth, Jefferson Davis, Geo. n. Sanders,
Beverly Tucker, Jacob Thompson, VIM. G.
Cleary. Geo. Harper, Geo. Young, and 9TH
ers unknown, to murder Abraham Lincoln,
President of the United States, Andrew
johnson, Vice President. VIM H. Seward,
Secy of State, and Ulysses S. Grant, Lieut.
General.
On Saturday it was moved that if there
was no objection on the part of the Judge
Advocate or the counsel for any or all of the
accused, the presence of the several witness
es not be considered of material necessity.
Mr.. Aiken, assistant counsel for Mrs. Sur
raft expressed willingness to accede to such
an arrangement except in the case Of WEIGH
man, whom he desired to he present.
MIR. johnson, the senior counsel for Mrs.
Surratt, this morning, when the whole of the
testimony rendered by Mr. Welchnan had
been read from the records, applied to be
permitted to ask of him some questions be-
fore he retired. This was objected to by Gen.
Wallace. The President then remarked that
the witness had been already examined by
the counsel, and fair opportunity afforded
them.
The Judge Advocate General then asked
whe Their 1t was to be cross examination.
and being told by the counsel that it was,
the court under the Advocates suggestion
determined that as he could call up the
witnesses hereafter of the defendant, it
would be an economy of time,
Gen. Wallace withdrew bis objections,
adding hover, that he did so only for this
time. lie had placed his objection on the
ground that the objections would prove
intcrmnabie unless stopped by some rule,
after counsel have once had an opportunity
for cross examination.
The witness examined this p m. III the
court martial showed the intimacy of Booth
Harold and O'Laughlin.
Mr.. Cox, for the defence, objected to the
whole of this evidence on the ground that
the mere fact of intimacy was not evidence
of conspiracy.
Judge Advocate Holt said they had fully
established the intimacy of the parties in
Washington. and he simply proposed to
show that the intimacy enlisted in Balti-
more
The court overruled the objection but or
dered it to be put on record,
1tappeared from the testimony of David
Stanton, that on the night of the illumina-
ton the 18th of April, OLaughlin was
providing in the house OF the Secretary of
War. but having no business there he was
ordered out Gen. Grant was in the parlor
at the time.
The court remained in session till 7 o'clock.
A number of witnesses were examined as to
the occurrences at the theater on the nigh9
of the assassination.