Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-29

the several parties accused did commit the
several acts alleged against them in the prose-
cutton OF said conspiracy, then, 1t Ia the law
that all the parties to that conspir ICY, whether
present at the time Of its execution or not
whether ON trial before this court or not, are
alike guilty OF the several acts done by each in
The execution OF the common design What
these conspirators did in the execution of this
conspiracy by the hand OF one of their co.con-
the prosecu ton Of the common design, Was the
act OF all the parties to the reasonable comoi-
nation, because done in execution and further
arce Of their guilty and reasonable agreement
As we have seen, this is the rule, whether
AL he conspiIators are indicted or not; wheth-
er they are all on trial or not. ut Is not ma.
terial what the nature Of the indictment Is,
provided the offence involve a conspiracy.
Upon indictment for murder, for instance. if it
appear that Others together with the prisoner,
coDspired to perpetrate the crime, the act Of one
evidence against the rest v Whar. 7O6 MO the
same effect are the words of Chief ustice Mar
shall, before cited, that whoever Ieagued In
general conspiracy, performed any part, how
ever minute. or However remote, from the
scene OF action, are guilty as principals. In
this reasonable conspiracy, TO aid the existing
armed rebellion, by numbering the executive
officers OF the United States and the COM
marder OF its armies, all the parties TO It m ust
be held as principals, and the act of ore in
or or a prosecution OF the common design the act
be would leave the decision OF this dread
Issue VIM the court. to which alone it belongs.
He wh- nss conscious that in this argument
ne bad made key erroneous statement of the
evidence. or Sdraah~.,any erroneous conclusions
sSd Jealous care for ont Of tender nd regard
10 see that no error OF bus o, .ne ascased;
work them harm. The pa. y erste oe, sn "a.
members of this honorah,e o e. ,'ess W sas
rance that, without fear, favoS, sNe ass
they will discharge with fidelity l.. da,
Joined urn them by their oaths. WSsyarar
eise ray befall, he trusted in God thai, ~ .n;s
- in every other American court, the rigs -.
the whole people will be respected, and Ms,
the Republic In this its supreme hour OF trial,
will be true 10 itself and just to ALREADY e
protect the rights OF the humblest, to redress
every wrong. 10 aveDge every crime, to vim
dictate the majesty Of law, ana to maintain in.
violate that justice to establish which the Con
stitutson was ordained whether assailed by
hos's armed with gold or armed with steel
After the delivery OF Assistant Judge Bling.
hams argument, Mr.. Ewing, as counsel FOL
Mudd, Spaneler AND Arnold, asked leave ,t
read 70 the Coart paper setting forth that ia
~. optnicn, tfat officer had uninteut,on a *
r,i.s,a,ad the eS:asnce In number OF matters
OF great importan &c In the consideration Of the
cases of the accused, and asking the Court Il
teet the accuracy Of the state mant Of facts and
alluded by reference to the record; whereupor
the Court was cleared &c consider whether the
paper should be read.
The Court Adjourned until eleven O'Clock to
day. 10 order 10 deliberate in secret session.