Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-08
SECOND edition,
3x O'CLOCK p. n.
THE CONSPIRACY TRIALS.
Proceedings To-Day.

The reading OF yesterdays proceedings &c.
cupied the time until twenty min utes to one
p. m; the Court not meeting until IL o'clock
q. N.
1t seems to be supposed now that the evi.
dence will be concluded this week, and the
arguments (written) commenced on Monday.
The evidence is mainly in now, but the Gov.
eminent will afford the defense some margin
in order to bring up any available witnesses,
but not to the extent Of allowing them to send
to Florida or elsewhere to hunt up possible
testimony.
According to the practice of military courts,
the defense will make the opening arguments
and the Government will follow and sum up.
Mr.. Ewing offered as evidence General Or
ders No. 26, defining the boundaries Of the De-
partment Of washing ton.
The order was admitted as a part Of the
record.
Judge Holt offered General Order l61 in ev.
idence, being proclamation by President
Lincoln, dated oath September, 1852; also, Gen
eral Order 100. So admitted.
Mr.. Aiken as ked 10 offer in evidence paper,
which he proceeded to read, being an affidavit
OF the actor Mccullough confirming a tele.
gram OF McCulloughs, contradicting the tes-
timony OF the witness WeichmaH in regard to
having seen him on certain date in Wash
ington. He states in the affidavit that he has
not been in Washington since the Goth of
March, and did net recollect meeting any per-
son by the name of Weichman while there.
Judge Bingham commanded that the paper
was an eT RSt,e aiiidayl1, and was no. test:
tmmaterial whether he saw Weichman or not
The material fact testified to by Weichman In
that connection, that Mrs. Surratt sent a
message by him to Booth at the National
Hotel to come and see her, and that Booth
went in answer to that request, is fully proved
by the testimony of Miss Anna Surratt 1t is
q well-settled principle Of law that counsel
cannot introduce testimony to contradict q
witness in regard to testimony ELECTED by
themselves and on an immaterialpoint.
Mr. Aiken claimed that the affidavit was ma
AS
Of evidence TO break down the reliability of
the witness, Weichman. If Weichman testi.
fies that he saw Mccullough in this city on a
particular day in April, and Mccullough
testifes that he.was not here at that time, it
was important for the defense to be able to
discredit the witness, Weichman, to that ex.
tent
Judge Bingham said that even if admitted,
the paper as an ex parte affidavit was in no
sense evidence; but no authority could be
found in any Of the books for its Introduction
Judge Holt and Judge Bingham here q uoted
from Roscoe and other authorities, showing
that such evidence was not admissible.
The Court sustained the objection.
TESTIMONY OF COL. j. G. HOLLAND
Il or the Accused.)
Witness is provost marshal OF the 5th Md.
Congressional district, and has headq uarters
at Ellicotts Mills; knows Daniel J. Thomas
only from the fact OF his having been draft
ed man. Witness did not receive letter from
Thomas last winter or spring. in which he
stated that DR.. Samuel Mudd had told
him (Thomas) that the President, his
whole cabinet, and every Union man
in Maryland would be killed in five or six
weeks Witness received letter from Thomas
dated February 9th. 1862, which did not relate
to DR.. Samuel Mudd, but never received q
letter relating to any assassination. Witness
thinks that Thomas was commissioned rs an
independent detective to arrest deserters, not
receiving any pay from the Government but
the reward paid for deserters.
BY Col. Burnett:-The letter related to DR..
Geo. Mudd.