Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-30

III.
emotions OF pride and pleasure he saw the boz
leave bis fathers roof dressed In his iackst o,
blue TO strike q blow for his countryS cause
AN. honest man. VIE does his duty, is apt to
the Old man exciaim sthere vas not bstter
boy; be sery we'd his country, and no one but :
seceeh would dare TO cast On imputation anon
70 see Abraham, Lincoln killed. .sThe leader
OF our array ought to be in he'll" Mari A.
10 that not confession7 VINO Is the nexi
witness! Edward Smoot, q gentleman from
MARY LAND; not q very willing witness, for il
seems he had been in the ONCE of or met Mr.
Merrick n.the. street who told him he was after
aim with sharp stick, but nothing daunted, he
sakes mat stand and states that he heard John
Surrat say III the Yankees knew what was
DONG they would stretch this neck" We
aave sometimes premonitions Of our fate
Yes; II they had known what he was doine
done what he afterwards did, il the Yankees
90 not, WashingtOnians, IN vindication of law
aud justice and their cc'untry's dignity and
honor, will do to him what he himself con.
er come when such q crime thus proved, hus
confessed, an American jury who have nerve
enough to do their duty will allow
witness! DR.. Mcmillan, a man Of high
social connection and tntercourse-a man
who has some kind feelings for the American
nation. One Mr.. Maggie is brought here to at
tack him. My friend, Mr.. Bradley, jr., init.
. m ated that 1t would be unsafe for me 10 attack
him. Yet intend to do it. don't want any
personal din cuity, bat NO personal dific ulty
ment Of men Will not deter me.
Mr.. Bradley, i'll said NO such thing, sir;
nor intimated any such thing.
agrees, with me. Mr.. Maggie was lawyer,
employed In this case, and received $500.
do not object to that; they had a right to en-
ploy who they please; but do object that a
lawyer who receives q fee should take the
stand to assail Df. MCMILLAN, who was his
peer and equal In every respect But instead
OF acting the part OF lawyer getting wit
attempts to blacken the testimony Of DR. Nc
MILAN, a respectable witness in the case.
1t should be received with many grains
Of osrsa 70 sa x 'hs '05x and when
witness like DR.. Mcmillan, it should
be discarded. l believe Mcmillan; this jury
will believe him. THE testimony OF DIR. NC
MILAN, where Surratt confessed to him the
shooting of Union soldiers, was here read, also
that relative TO the shooting of pc rsons from
the gun-boat, the telegraph operator, and his
confession as TO losing the handkerchief, and
the communication from Booth.l Mr. G. con.
inued :-Surratt distinctly said he had COM
mitted deed which deserved capital punish
TeEt. What clearer admission could there
be! There was no other act but this that he
WIS charged with. He says he knew If he re-
turned to America he would swing, and he
would rather be hung by an Englishman than
a Yankee. He said he received letter from
cHa0Ro
plans. He does not say my plans, but our
plans, and by responding to TT at letter he
confessed the original plan was murder by
telescope rifle, cup or pistol. One other wit
ness. There Is st. Marie. who coptradicts
him2 DO you believe him! If you believe
these four witnesses there is an end OF this
case. St. Marie says the prisoner at the bar
admitted to HIM that he left Washington on the
LESSONS all together; what do they prove
HIS own conviction; escape it if you can.
Mr.. Darlington here read from the speech OF
Daniel Webster in the case Of the Common
wealth against Knapp, reported in Sergeants
Standard speaker) When Surratt fled it was
to relieve himself by con fession; his flight was
confession, his false wig, or dyed hair, hi s
spectacles, his starting-for the guilty sees an
officer in every bush. 1.-The righteous is bold
as a lion, but the guilty leeth when NJ man pur-
sueth." On board OF an English vessel beneath
native shore, he starts, and when Mcmillan is
surprised and asks him, he replies think there
is IN American detective on board; and very
naturally. DIR. Mcmillan says, what have you
done that you should be afraid OF an American
detective. Did he not then and there acknowl-
edge to DIR. Mcmillan that he had done deed
at which his own guilty soul revolted. The
American people were congratulating the En-
peror Of France and the Gar of Russia for
their escape from assassination, and here he
was arguing almost three days to vindicate
the law. lr was an insult to argue to an
American jury to strike down the m murderer of
our martyred President, when the blood of
Abraham Lincoln cried to heaven for ven.
gance (Mr. Q. here read from the Bible
18th chapter Of Romans, LIST verse, }
and argued that the Bible comma nded US to
execute vengeance upon him " no violated the
laws. 1t was this lawIess spirit which had
caused all the trouble in country. II
judges and jurors would enforce the laws, we
would have no war, but peace and good order
IN the land. Mr.. y. then quoted at some
length from a sermon which he lately heard
on capital punishment He argued tn lat no
man had right to execute private vengeance,
but God commanded US to execute public ven-
geance. The object of the galows, the peni-
teltiary, and the Jail, was not for the benefit
OF individuals. but for the benefit of society.
The Bih!e contained the best code Of la WIS ever
promulgated Tor man. God having appointed
this government, you being his ministers upon
earth. if this man has committed the crime of
murder, 6 Cd declares that it is your duty, as
His ministers, to execute wrath upon his head
God has placed you in this position, and it
yon refuse to execute the law, y on assume to he
more merciful that the God OF us all. Now,
gentlemen. have you any doubt il regard to
the guilt of the prisoner! Don t you know
member Of it, and acted a part! Don't
you know that in pursuance OF this
conspiracy that murder was commit
ted? On! 1t was cruel, cruel blow
that stilled that kind and gentle heart
MIR. G.. here referred TO GrepnIeaf on Evidence,
first section, TO show he difference between
the word evidence and the word proof, and
the true question in trials was not as to the
p1obabIlity OF evidence being false. He next
referred to the opinion Of Chief Justice Shaw
In bis charge TO the jury in the case of Web
ster, indicted for the murder of Prof. Park
man. and continued his argument. A reason
able doubt did not mean speculative doubt.
All hat the law requires is that there should
be a moral certainty. must produce evidence
sufficient TO satisfy the judgment and con.
science of a reasonable man. Ii your own
interests were at stake. could you say this
man was innocent! No, no. bis guilt has
been proved hey ond all reas onable doubt 1t
was the duty of the Judge 10 instruct the jury
on the doctrine OF reasonable doubt. Elo-
queDI counsel often carried the Jury away
the doctrine Of reasonable doubt. A
Jury did not like the idea OF shedding blood,
and would seize that doctrine. Did not
point with a fearful aud nnerring certainty
TO the prisoner a the bar. II the jury would
look through the whole evidence, they would
STE this mans guilt as plain as he now saw
his hand before his face. Mr. g. said he would
now proceed to review the testimony for the
defense, and after few remarks ne would
then close. He had this morning learned of
the death of a brother member of the bar, and
as there was no other speech. he would m we
. the court adjourn in respect to the memory of
Mr.. MOI gan. He asked that recess be new
taken. after which he would conclude his ar
gDment.
Mr.. Pierrepoint said there would be abund :
ance Of time after the District Attorney closed
for him (Mr. p. J to present all the legal ques.
lions which he proposed, and he would oc.
cnpy but a short time.
This was agreed to, and at quarter before
one o'clock the court took recess for half an
hour.
On Resembling at 1.3O o'clock
Mr.. Darlington continued his argument,
saying that he had already spoken longer than
he thought " as necessary, and proceeded to
state that he bad already replied to the general
prOpositlOns nj the defpnS0 In revard N tina