New-York tribune., 1867-07-26

WASHINGTON, July 2J.-The trial of John II.
surratt was resumed tho Criminal Court Judge Fisher
presiding.
The rebuttlng testimony for the prosecution re-
sumed.
Artenus Seuens sig0rn and examined by Mr. OoTiaston
Resides in Lennoxville Canada; resided there all my
life ain a farmer; know DR.. Mcmillan; have known
him over seven years. and know his associates fa
mar with his general reputation for truth, and 1t was
very good. No cross-examnation.
Prof Hardness recacd-I wanted to make correction;
the moon rose at one minute and four seconds past 10
O'clock this was April IA the difference ana mistake
Joseph NJ DilbaTy rccaed and gGaiaed by MT' Pterre,
ponI have with ME the records of tho Northern Central
Ralroad on April 10 ana 49, i8b theTC VIZ
with Sunbury and BaltimOre'by the Northern CehtIu
Railroad the Northern Central Karoad crQ5ses ono @
Pennsylvania Central Railroad aL MaiysVlnS thete ue
coal routes leading from sunbury 70 POtsFlle anu o
Iottsyile to Philadelphia Know tere Is d suc H ~ To e as
tho Catawissa Road; itstliRos at WOh, ald - ~ c
west Of Sunburyi from Harrisburg there arc 70 fir ~
phla tho Pennsylvania Central Road and the road 70
Reading and thence TO Philadelphia tho New OH ol1
through trains cross branSh OF lhe keaalng So,
and pass around Philadelphia by the eOnhccung
IackaWauna and bloomsbury Road struck the n e. Eil-
miles west ofnbnry; that road connects with Philadel
phia (Records examinod find that on April 49,, 1865
Ond mail run beyeeI-Elmra andsW amspOrt; by the
records here both trans Lett at 8pcoc Know notlng
asked was In Eira April 10; desire to correct that
know by elegrams that promised 10 pe az Elnira
record tho train LETT SunbuIy at 1913 0cOck on the night
| OF April -, and arrived at Baltimore at ~
By Mr. BradiclTavo special recollection OF coming
from Elmra to WilhamspOrt on special tram On Apr
l2th and there record OF special train on tie l3th
going South do not recolect coming down IN eaDoose
on the 18Th; never the prisoner ultli saw il III
court DO not rccOcct his coming r0m Elmra WIN lhe
on a special train; IL medown from Emlra tnat day
no one could have come In that single ear without my
knowing It; positive never saw the prisoner Deiore
have no recocet9R whatever q h2Ylns oesg on lnat
| FvrI lfrGgf q
Sunury Washing gton is by the Northern Central Road
| TO Baltimore; the train on April 10 tit sudbury
for Baltimore at 1918 midnight and arrived at baltimore
at 725 N. the 18th OF Ap know taks four hours
from Harrisburg 10 Baltimore; takes the same time to
run from Harrisburg to Padelphi'as from Harrisburg
TO Baltimore; freight train left Sunbury at $50 p m on
the 18Th Of APRIL that train run TO Marysvil aOnt
know II there close connection for freight trains
M r W eS @ p' m. HAT WAS The iast freigit train
thatle subury April - tho passenger train left at
1918 p and arrived mt Harrisburg at $3.50 ~ m; be-
tween Q:O A. M and $3.50 the 18th, train left Harris
burg for BalmOrc the Pottsyc road does not ntosect
| tie N. G. Railroad directlyi time from Harrisburg to
Reading is 2l2l hours there IS direct connection be-
! tween our road and tbe,CataWissa Road.
George s. h0oHio recalled dtd erd''ted oy m PtSre
/ road Company at Washington; the morning OF April
H. 1867 trains lett Baltimore for Washington at 42O a. M
aud arrived at Washington ct 5l e. M next train left at
$50 arrived here Mt 1890; the next at and
arrived here at $40 tho next at $40 aud arrived ot 1880
u. M; on the morning OF Apl 10 me nfst dlh elt Nisl
ngton at 6l6 arrived at Baltimore at 1915; the
train detained at the Relay House several hours
was due at Baltimore at ~ mi we seeohd tln letl
Washing gon at515 and arrived In Baltimore at 24oi its
| ih,b
BB M BTddieyIhe above trains were detained az the
Relay House ana searched; assisted IN the search.
Oh0s. D. Watkins ana crG3ninod by Do. Pe1Tf
! POBt-Resido at No. rs ChItonpiaee New-lofk Iltyi
know Dr. Bissci; tho person referred u as conduct
ing SUIT for mn against te Ero kMi"ayi Bssel never
attended me as pAyslclui 90 not tmlik Df BlSsel
was In Llmn April IT, hunting up witnesses for his suit;
when saw Hssells testimony IN this case, Thought he
was mistaken; my reason IOftnlhElhg 50 was thdt ItS
torag after being subpcnacd, went 10 the office OF MT
j. ton who opposed to me in the suit and he handed
s0me letters dated lth l2ti ana lSh OF APRIL ls6J
uTs the letters confirmed me that Bise was then ID my
onlcc; ,havc heard the Characer Of Dr. Bisse very
much canysod h5 general reputation lor truth ana We
, yr ErS,y-rn tle settlement Of the SUIT Dr. Bis
se was satisfied settled ton the 5h OF june, and gave
HIM the money on the 9th; the amount Ipad him was
cTI chailctcr fcl frnth Is bad Dr. Wm Elmer ana Geo
W. Mahon sworn and testified 70 the bad character
Francis Arehapba, s,oorr and c1amaed1y ll. Pierre
pot-gsde IN Montreal ga,e lived s1ere elght or nine
DR.. Mcmillan; bad private conycrsation with Mt.
Nagle; DO not wish 10 tell IT, but compelled VIII 90
c @ rst m o rat M Goo and that not being sulc!ent
Dc o. more; know st. Marie he studied law In the same
Office With me; his character was always good Go cross
q. A. T1.ter, sroip, and erqnipe9 Jy Mr. Pieregoat
In 1865 was elr graph operator In this cy on the 18Th
iih, 1911 and l6ui oifAp leOS tAcie was Geographic
Iy r. BroIieiI was IN the War J.. partment telegraph
John GeoIgt st5,n, aad cloIaiacl 6y lLr Piayepont-
On April II, 1865, through bsSggemaser between
washington and NeW-Yort; we left Washington $780,
were detained at.the Relay House, aus reached Bat-
moro at 900 aud lcftaltmole at GO; it made the train
II hours late In reaching Now-York.
Mr. Bradley said no could not understand what this
would rcbu and unless it not in rcbuttal he would
Mir Plerrc3ont said It would prove that surratt could
have reached Lake Champlain az the tme stated
Mr. Bradley said that was original proof
Mr. Pioucpout said would tcud 10 show that Surratt
not IN Elnira on the litA OF April II Dr. BAseu dd
Mr. Bradley said II DR.. Bssen was the most unmiti,
gated liar earth, ths testimony was not reDuttaL
could not show that suriatt was not IN LIlnla on
I-Apnl IL.
Mr Pcrrepont said he never heard that It was to
assume that an alib would be attempted 10 be proven;
but when anabi s attempted Il . proper to know that
he was not at the place SET mp There legal right To
prove any thing thagoes to contradict the ann set up
Mr. Bradley said he desired 10 read some authOruegon
the subject and while the books being prepared, the
Court, at 1915, took recess nutil I2ia
evidence given IN las not been IN rcbuta but has been
such testimony as could have been Ouered Informally.
As the telegraph communication it was not in rebuff
tai for the defense had offered nothing nresard 70 tele-
graphing IL was gwen 10 tGegfaph DIT Mt9lilllsls
steInent that 5u.rt teleraphed from EInirn 10 Booth
The testimony as 20 the illo9uH Is oI RESPONSIVE nut
Is cumulative and CorrOboraye. Can the prosecution
convince aud show the presence OF the prisoner at one
end or route ana tIeA clOse thCr III CIvi,
and I'm the rebutting testimony connect him with
the other end 81 the rOutei He denied that TINS
evidence would tend TO r3but theroOI oi an AUDI II -
not competent TO rOySn rebutta when an abb Is set
up that theprisoner was at some other place Nhen he
crime S committed ana when II Is SHOWN @ nC nc Ms ~
some other place the prosecution 'iot snow IN
whore the crime was committed. ouch a taet
would disproye their own case ana tley cannot am % do
oner was in NewYork or Emra the day .of tho
a.sassnat0n then he could not have been here, and
there must be an acquittal under this Indictment Mr.
Morrcks reported authority I'm Darlington and Puines
reports show that IL not cOmpeent Tor the prose
cuun show that the prisoner NJ aco otherhan
n the place up the aibi or the place where the
crime was committed. This testimouy,now offered was
corroboratiye, and could not be offered IN rebutta Mr.
Merrek also quoted from decision OF the late Judge
Crawford in support OF his position. The case OF the
prosecution the commission OF the murder here aud
the flight OF the prisoner an element OF proof o
fed they say hence 10 Canada, and they haSe tput hin
on part the route and they now come back and
put him on the other end OF the rOutel
Mr. PerrepOnt cOnended that evidence could even
now be offered confirm the original There is in
robutta always evidence 70 confirm the original case
mate 1t should very properly be disremrded 10 show