Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1866-02-01

hsfs.lf hi,prisonsr such violence would be APP
Buff ron s.s no. fsliy s.tisnsd beyond res.
souHhle Doubt that he nsef one % other 81 the
sgsns,es .hies ] .numerzted, you cannot con.
aeccrdinsly render svsrdiet o. aoquittsi. The
| evidenee Ia the case, gentlenen, Is somewhat
conflicting. II might be expected that II would
oeiy ni,ps.s erossss bx ~. U1oS, the
prove the arrest. tolls you that she was unisw-
fully restrained Of her liberty, both At her room
In the Avenue Hcnse and at Bakers hsadqvsr-
ter', and that Baker declared at her room that on
bis own aathority merely he arrested both her
Mt Spear, Mt. Jones, Mr.. Smith and Captain
Hine arc equally positive In their testimony that
no arrest or imprison ment took place The pros
ecuting Witness acknow1edges and exhibits to
you great bitterness Of feeling against General
Baker, willis the Witnesses In his behalf are per-
son, II hn employ. They may on both sides,
whilst not intending 10 mislesd you, be so in
auenced By their preJudiees aud feelings as to
give an neeount Of the transaction which may not
be the true ono. You will reconcile these contra
, n,,, isnss y0n can with n. ' he Of
unable to determine In your minds that he Is
guilty beyond reasonable doubt, you will give
him the benefit Of that doubt
You have doubtless wondered, gentlemen, that
case Of misdsmeauor like this, whore there was
not over few hours restraint Of liberty, II any
restraint at ALL should for six or seven days have
drawn here 30 large crowd Of spectators, and
retained TO assist the District Attorney In the
prosecution Of the case. II may DO because Of
the jealousy with which the American people are
disposed 70 watch every, even the slightest. en-.
eroaohment upon personal liberty; or it may be
that the explanation is to be found In the
remark Of the counsel who nrst addressed you In
behsif Of the prosecution when he told you that
that as such you should set q precedent By your
verdict In this case 10 be followed In other SINH
lar eases hereafter. Let me say to you, gentle
men, that you are In the jury box only a. the
attribute Of the Almighty, HIS sternal justice.
You may, as He docs, temper that justice with
mercy, but the Justice mast ever be maintained
In Its Integrity.
for the prosecution that the right OF deciding all
questions Of law as well as Of fact IL ultima tely
with the jury. u may be so, geutlemeu, but n
In the exercise Of that right Jury shall, without
Court aud decide questions Of Law for themselves
they will be Just % suitable a. though they
should decide questions offsc without regard to
the sstimony OF wituesses II isas much the ofiee
Of the Judge, under his oath OF once, to testify
honestly to the Law Of the case as IL Ia the duty
OF the witness. under his oath, to testify honestly
as to the matters Of fact pertaning to IT, and the
Jury are just IS much bIund to take his testi-
inony % TO what the law is, that they may apply
u to the case, rs thoy are 10 credit the testimony
Of q witness who stands before them unim.
peached as TO the facts In volved In It, Ia /
dismiss this subject with this further obser-
walton, that on one or two occasions In a prac-
tlee Of nearly quarter OF century, I have heard
the counsel Tor the Aceused, In cases Of great
pressure, remind the Jury that the law as well as
the fact was to be judged by them; but have
never before heard such reminder sugge ted
by the Prosecution
You will take the case, gentlemen, and deter.
mine u as sest you can, according to the facts
structions which have endeayored to give Won