New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-29

AZ seyeral hundred witness now over much to the
r.ef of the counsel and the Court to whom it has been
An an extreme degree fatiguing. The Court have
afforded every facility to the counsel for procuring wit
nesse. The Court will meet tomorrow morning. and
M course will sit with closed DOORS for the purpose
seliberation and to make their findings 1t is not
tbousht that this will occupy much time, the mem-
bers have weighed the testimony the trial progressed
WASHINGTON. Wednesday, Juno 2s, 1865
The Court met at o'clock this afternoon.
when special Judge-Adyocatc Bingham proceeded to
SUN up evidence and present the views OF the law
Arising upon tie facts in the case on trial
THE QUESTIONS OF FACT.
The questions OF fact involved In the Issue are
First-Did the accused or any Of them in pursuance
Of such conspiracy and with the intent alleged, commit
sither OF all Of the several acts specified.
THE ACT OF ONE CoNsPIRAToR BINDS ALL.
1.-THE conspiracy be established. laid 1t results
that whatever said done by either Of the parties
thereto the furtherance execution OF the common
design is the declaration act Of all The other parties
10 the conspiracy; and this whether the other parties
st the time such words uttered such done
BY their confederstes we're present or absent here
within the ntrenched lines Of your Capital or crouch
Ing behind the intrenched lines of Richmond or await
ipe the results OF their mnrdero9s plot against their
border under the shelter Of the British
Gag. The declared and accepted rule
Of law In Of conspiracy that in prosecutions for
persons proved to have combined together for the
Illegal purpose. any act done BY one OF the party
reference to the common object IS in the contempa-
zion Of law well in sound reason. the aet OF the
whole party and therefore the proof OF the act VIII be
evidence against any Of the Others who were engaged
IN the same general conspiracy, without regard TO the
question whether the prisoner is proved 70 have been
concerned in the particular transaction. (Philps on
Evidence, 2l0) The rule obtains in cases OF
treason. Ii several persons agree to levy war some in
one place and some in another and one party do ac-
tnally appear in this is eyying OF war by all as
well those who not In arms as those who were. 1t
were done in pursuance of the original concerts for
those who MADE the attempt were emboldened by the
confidence inspired by the general concert and there
fore these particular acts in justice indispuabe TO
all the resi- st East Pleas Of the Crown vs. Roscoe
HOW THE coysPIgAToRs ARE LINKED TOGETHER.
After quoting other authorities in this connection,
Jadge Bingham asked what Ia the evidence direct and
eirouus that the accused or either Of taem, To-
Gether with John IL Sarrait John Wilkes Booth. def
aerson Davis. George n. Sanders. Beverley Tucker,
Jacob Thompson Wm c. Cherry G.. c. Clay. George
Harper and George Yoaag did combine, federate and
Hin and murder within the military department Of
Washington. and within the fortified and inirenched
lines thereof Abraham Lincoln late and az the time OF
the said combining, coniederating and conspiring,
President Of the United states Of Americs, and Com
Insn y,ee. Pss.dept OF the United ss,ss VIM H.
Seward Secretary Of State Of the United States. and
Ulysses $. Grant, Northumberland OF the armies
thereof and then in command under the direction Of
the President; that Davis as the leader OF the Rebel
Hon gave his agents, then in Canada, commissions
IN blank bearing the official signature Of bis min
ister, James A. Seldom. to be by them filled up and
delivered To such agents MS they might
employ to oct in the interest Of the Rebellion
and protection for any crimes they might
therein commit in the service Of the Rebellion are also
facts established here, aud which can gansay
Who doubts that Kennedy whose confession made in
view Of Immediate death proved here was conmis-
son ID by these accredited agents Of Davis to burn the
City OF New York. that he was to have attempted II on
The nigh. OF the Presidential election and that he did
IN eonbin alton with his conederates set fire 10 four
hotels in the City Of NewYork on the night OF the 25th
annlta - a
tbe interest Of the Rebellion and by The authority OF
Davs's accredited agents, also commissioned Ben
nett d. Young To commit arson ROBBERY ana muuger
doubts, upon the testimony shown that Davis by his
agents deliberately adopted the system OF starvation OF
captive soldiers in his hands, Or that as shown by
the testimony. he sanctioned the burning OF hospitals
and steamboats, the property Of private persons end
paid therefor from hts stolen treasure the sum OF $685.
zoo in gold.
TIE YELLOW FEVER PLOT
BY the evidence Of Joseph Godfrey Hyams II Is
Sroved that Thou pson. the agent Of Jefferson Davis
aid him money for the service he rendered Ia the in
Famous and endish project OF importing pestence into
eur camps and cities destroy the hives OF citizens and
od and into the house the President for the pur
nee of destroying his fe 1t may be said and. doubt
less will be said by the pensioned advocates OF TINS re.
belion that Hyams being infamous, is not to be be-
6eyed II is admitted that he is Infamous az II must be
conceded that any is Infamous who either partci
pafes such crime, or who attempts In anywise 10
extenpate but 1t viii be Observed ,ha "a ans 81
Blackburn aud the other Rebel agents IN canada
speak Of this internal project, and by the testimony
Of Mr.. Wall, the wellknown auctoneer OF TINS CITY
whose character il unque oned that he received the
importation Of pestence Of course without any KNOW
edge Of the purpose. and that Hyams consigned the
goods 10 him In the name Of j. w. Harris. fact in
hself an Acknowledgement OF quit; ana t1a, ne re-
eeived afterward letter from Harris, dated Toronto
G. W. Dec /, ls4 wherein Harms stated mat no nao
Dot been able the States since his return to
Canada and asked for account of the sale 1t was
Mr. ngham said, matter Of notcrety, that part OF
Hyanss statement is verified by the results at New
bern n. c. 10 which point. he says portion OF the
infected clothing was shipped through suteri the
result Of which that nearly LOO citizens ana sol
ers died there about that time with the yellow lever
COMPLETELY OF DAVIS
nr. Bingham then proceeded to snow that there was
POSITIVE proof On the record to show that the Rebel
chief Jef Davis sanctioned these crimes committed,
eno ATTEMPTED, through the fundamentally OF his
accredited agents In Canada Thomas, Clay, Tucker
SANDERS Cleary &c. upon the houses and property OF
the people OF the North and that Davis the procurer
Of arson and Of tie ate murder OF The limo
cent ana uhofending necessarily resultant therefrom.
vas capable also OF endeayoing 10 procure the murder,
Dy direct assassination Of the President Of the United
States and others charged with the duty Of maintaining
the Government Of the United States and of suppress
ing the Rebellion. IN which This arch traitor and
spiraior was engaged. The official papers Of Davis,
captured under the guns of victorious army III the
Rebel capital, identified beyond question and shadow
81 doubt and placed upon your record together with
she declarations and acts Of his cOnspiratOTs and
SCENTS proclaim 10 all the world that be capable
VI attempting TO accomplish his reasonable procura-
bon Of the murder of late President and other chief
omcers Of the United States by the hands Of hired
sassns. After quoting from the testimony
THE ASSASSINATION PLANNED IN CANADA.
MI Bingham said the Court must be satisfied that the
esera parties named In the record, did combine and
oonspre ether in Canada kill and murder Abraham
Lincoln. Andrew johnson, VIM II. Seward and Ulysses
d Grant, and that this agreement was substantially
tnd into by Booth and the agents Of Davis in Canada
60 ssriy as October there could not be any doubt.
Wbteyer may be the conviction OF others. my own