Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-20

OF me testimony in this case that Herold was
not the "assassinator' of the President and
I even IL ne used the words as repeated by Jett
;sea ne meaning is clear enough; he meant to des-
character OF the party that he was with.
But 1t may be urged that the flight OF Herold
evidence OF his guilt. 1t is true that flight
| Unexplained is always regarded as evidence OF
| guilt, but not conclusive evidence.
| "By Inc common law flight was regarded so
strong presumption of guilt that, in cases of
| treason and felony, IL carried forfeiture Of the
| PERSONS goods. whether he was found guilty
| or acquitted. These several acts, in ali their
mhoaincations are indicative Of fear, which,
! however, may spring from causes very differ
| ent from that of conscious guilt. Mr.. Justice
| Abbott, on the trial OF Donnall for the murder
| OF MRS. downing, observed, in his charge to
the jury, that person, hewever conscious Of
| innocence, might not have the courage to
stand trial, but might, though innocent, think
| IT pest TO consult his safety by flight Whar-
| ton, ih edition, S7lI
| But what guilt in this ease is the flight of
deroid evidence of! He is found with Booth,
and his flight in this case is not only evidence,
but constitutes the guilt that he has aclsnowl-
edged it constitutes the guilt of his aiding in
the escape Of Booth, but no more. 1t by no
means follows because he aided Booth to es.
cape, that he aided him to kill the President
It's bad reasoning to conclude that because he
was guilty OF one crime he was guilty OF
4 But it may be asked, why did he leave in the
dead hour Of the night with murderer!
slight glance at the relative character of the
two men may explain this difficulty. John
Wilkes Booth, as appears from oil the evidence
in this case, was man OF determined and res
olute Will, OF pleasing, fascinating manners,
and one who exercised great influence and
control over the lower orders OF men with
whom he was brought in contact. He was a
man Of means, quite prominent actor, fine in
personal appearance and manners, and an
adept in athletic and manly exercises. All the
force OF his mind all his means, ana his time
agents to aid in his desperate enterprise. In
his search he met with Herold, then out of
employment, and he at once marked him for
Who is Herold, and what does the testimony
disclose him to be! A weak, cowardly, foolish,
miserable boy On this point there is no con-
best, and in whose employ he has been, de-
clares that his mind was that of boy of eleven
years OF age, although his age actually was
about twentv-two-not naturally vicious, but
weak, light trifiing, easily persuaded, good
tempered, ready to laugh and applaud, and
ready to do the bidding OF those around him.
Such boy was only wax in the hands OF
man like Booth.
But though Booth exercised unlimited con-
troll over this miserable boy, body and soul, he
found him unfit for deeds Of blood and vi
olence; he was cowardly; he was too weak and
trif1ing; but still he could be made useful. He
knew some OF the roads through lower Mary
land and Booth persuaded him to act as guide,
foot boy, companion. This accounts for their
companionship.
the Government that should be weighed by
the Commission. tits the declaration OF Booth,
mace at the ume OF MS capture: "1 declare
before nv Maker that this man is innocent"
Booth knew well enough, at the time he made
that declaration that his hours, If not his min
depra we'd there seems to be left some spark of
| a better humanity, and this little remnant of a
! better nature urged Booth to make that decla-
| ration while it was yet time to do so. What
/ did he mean by that declarat onl Not that
| Herold was not guilty Of the act Of aiding and
nam s he @ So1 WRa ne
| that Herold was guiltless Of the stain of blood
| being upon his hands, either as an accessory
~ hs ta s0 ns sbe5a OF na the
| any other deed or violence. -' 0-
| In summing up Mr. Stone contended that
| should the Court determine that Herold was
enc OF the conspirators, it is not TO be taken OF
itself as any conclusive evidence that he aided
| or abetted in any manner the murder.
He called the attention OF the Court to ne OF
| the most important and most thoroughly es-
| tablished rules of the common law in the in
vestig alton OF all crimes, and that rule is this
| That whenever upon any question there
| should arise in the minds Of the investigating
| tribunal any reasonable doubt, the accused
| should have the benefit of that doubt. This
rule has met with the unq uaiifed approbat ito n
| of every Judge in England and America whose
| name adorns the judicial history of either
country.
| Can the Court say from the evidence before
| them, that, on the night OF the 1ith Of April,
lsS5, the accused, aeroid was IN sa1 situation
| der OF the Presidentl Taxing into considera
tion the mode and manner of the execution Of
| TN III huIoeT, ohu t1eToioS pOsltiOn IEOIu tuS
time of it's commission. 1t seems that is almost,
| if not quite. clear that he was not In situa-
| ton where he could render such aid. Can the
| Court say beyond doubt, then, that he was
| an accessory before the fact Can they say
| that Herold did procure, command, or abat
| Booth to kill and murder the President Of the
| United States If so, what word or deed of
| Herolds can they point to in This record thSt
! does amount to procuring, counselling, com.
| manding or abetting! There is clearly EJne.
| The feeble aid that he could render to any en-
| terprise was rendered in accompanying and
aiding Booth in his flight, and nothing beyond.
| That OF itself is grave crime, and carries with
| it its appropriate punishment.
The argument Of Mr.. Cox "a synopsis OF
Stone, and no other Of the prisoners counsel
| being prepared to proceed, the Court ad journed
| until to- day, Tuesday, June 20, at two o clock,
| with the expectation that Mr.. Ewing may then
| present the defense of Spangler. Mr.. Ewing
| will also make the defense for Arnold and DR..
| Mudd, but not until Mr Aiken has spoken for
| Mrs. Surratt and Mr.. Doster for Payne and
| Atzerodt. Assistant Judge Advocate Bingham
will then review the case in its general features,
and'th testimony as it affects each individual
| on trial-a work evidently of great magnitude
| The general conspiracy, in its extensive rami-
f1cations, and the plea to the jurisdiction as il
has been raised Dy the respective counsel
heightens the interest which the facts create
and give to Judge Bingham's review of the
expected that the argument can be concluded
during the present week.
III How did the Springfield armory escape
the plots of incendiaries According to the
Springfield Republican there were serious at
| tempts made.
on the morning of the lst Of last December