New-York tribune., 1867-06-21

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WASHINGTON, juno 2o.-The trial Of John H. Slr-
ratt was resumed tins morning in the Criminal Court
Judge Fisher presiding There was an increased attend
ce ou the part OF spectators. The number of Ladies I'm
attendance has increased and they occupy seats within
the bar The prisoner was brought in at 10 ocoG and
the roll Of the jurors called. Mr. Merrck snbrffed
n motion, asking that the witnesses Carroll. Hobart.
Chas II. Blinn, aud Joseph NJ Dye be recalled for the
purpose of crossexaminatOn upon points which have
come TO the knowledge OF the defense the other
examination closed Mr.. Carrngton felt it ehis
duty TO object Nj Merrck said it was matter within
the sound discretion Of the Court and the recalling
necessary TO just trial of the case Mr.. Darlington
withdrew his objection, he was not disposed 10
throw any embarrassment the way OF a fair tIlal.
Mt Wilson smd he thought the witnesses referred 10
lad been discharged and gone home Mr.. Carrngton
said In Withdrawing his objection he did not wish 10 be
understood as acknowledging that he under any
legations TO his Witnesses here. Mr.. Menick said he
hoped no witnesses would he discharged except upon
the consent OF both parties lie instanced the ease Of
Brown Wylie, and other cases, to show that Wit
nesses had been retaned during the whole for tho
purpose of being recalled, II necessary. In the Gardner
witnesses kept here 81 trial days. The Court
suggested that Il probably the retention Of the wit
nesscs that prolonged the trial Mr. Bradley asked the
prosecution proposed to recall these witnesses MI Car
rngon said not unless the Judge eeted them to do
Mr.. Bradley said the witnesses had been discharged
with ont the knowledge Of counsel Judge Fisher raid
that In long experience he had never heard or rule
that allowed witnesses 10 be recalled in the manner
proposed II there rule that subject he wouid
like TO see It, Mr. Bradley said he had been mlsunder-
stood lie intended 70 convey the idea that the rule
within the sound discretion Of the Court The defense
therefore proposed TO lay foundation for ease upon
which Conrt could rule Mr.. Darlington repeated he
were here bat he did not wish 70 be compelled 70 keep
witnesses Mr.. Mcrrick asked IL they would recall
Susan Mahoney. Mr. Darlington said she was L. the city,
and could be recalled at any time
Mr. Merrck said that then out of the way, anil
u only remained as 10 the call Of Bnn and Hobart and
he therefore submitted motion 10 have them recaled
aud he thought the motion would be granted, when he
stated what he expected TO prove The defense had re
ceivod Information which would enable them 20 show
that in April 1865, when the facts wore fresh In his
memory, Mr. Hobart related that the parties 10 whom ho
referred Ia his testimony having got on his train ~
Ap1l, and not Tuesday, April IL. 1haso dates
very material. That Hobart had made the statement
was brought 10 the knowledge of tho deionse after the
examination had closed. That tins so be would read
from the statement of Hobart as made tO Government
official Mr.. Merrck took mp book and was about to
Mr. Pierepo9t interrupted, and wanted TO know what
official this evidence had been given 10.
NJ ncf,rek-An official VINO was deputy OF Gen. J.
G. Baker.
had never II or the paper M Mcuics said 10
in Bakers book, aud II Mr. Perrepont had never seen
IT, and knew all about 10. The paper pcrTed t0 was
letter TO Gen. L. c. Baker. Mr. Pcrrcpout wanted 10
evidence lie certainly objected 10 u. Mr Bradley oh
ecod 10 these inco interrupt ons and Ice asked ihH
lr MI den5snJ fbst Mr. McrrirT sRonii he aii"S rI
o proceed Nj Perrepont sal he had submitted his
ieciion and asked the Court 70 rule upon t lie objected
Ia the rcadng of Bakcrs book The Court said should
sustain am objection 90 reading Bakers book any other
book except law book. Everybody knew that Bakers
was of law and IL Was generally doubted whether
Mr. Mcnick said he did mot propose to read FROM Baker
statement Of what be proposed 70 pfoys n thr Wines
Hobart , ~ N,s & lSsft S me ~ t3. W. 49,. 70 .S ~ 49, 49,. .,nr
Hobart stated that he had carried the men desrfbcd
is aud tnat that occasion coi responded
exactly with his evidence of erdy except ~ 10 lhe
proposed 20 prove that he NAL" -acment before April
y, corresponding with that ma. c2ccni q. ~
the date when the men cainc 10 o depot ~ Burlington
They wOuld show that he positively nAcd the date rom
absent the Thursday night, and that It Friday
morning the witness was put upon the train t was the
object Of the prosecution to show that s1ralt Wls IN
Montreal the afternoon of Apr ls that he was ht o.
Albans the morning OF The siband wat at burlington lh.
night Of the llb, on ms way 10 MohtFHi ~ asallst
that the defense proposed 10 prove that the Two men
described by Mr. Blnn were put ON the train on Friday
morning, and not on lhuTsdati u,t lhg TWO mn No'
pursued through Vermont 10 Canada The Ihrn nave al
egod that they lived n CANADA that they were pm snen
and tracked 10 their residence IN Chhhdai hNu ~ VIZ
asceraIncd that neither Of the men was Sufati; anu
these reported 10 the Department Washlngtonae
still IN the possession ot the hltcd Ni's % IN
and the Government knows that neither OF thc men ha
slept In the depot John II. surra Upon this stale
nent and the facts this motion matter for the
sound discretion Of the Court, should Induce he AoW-
aneo Of the motion on the side oi luNuce'
The prisoner il here without notice of the
witnesses for the prosecution, @ ,9 anu I I"nho it
Judge exercising discreto onary power should hesitate
witness. whose determination might prove these material
facts In cy @ case tne f srS Ii d"n IN ,bis Uonrt
and in the closely contested Wiley Brown Mr. Brady was
pcrmItted 10 recall the witness the saith day Of the
trial As TO the recall OF Sergeant Dye, Mr. Merfck pur
posed 10 read transcript from the docket o Alderman
Donity OF Philadelphia. showing that Dye was arrested -
i'm the early part Of 1861 for passing counterfeit note on
The First Nation Bank Of kcw-lork. Mr. Merick was
reading the transcript when MI Darlington objected 20
tha linz nd sal al
unless frst submitted to the Court.
Mr. Mcrrck said he did purpose 10 offer il IN eyI
dencc hc simply read IL as the basis oil hs apl''oh 10
J%dge Fisher aid the paper must not be read in the
Messr Pierrepcnt and McrrIck were both addressing
them by saving You must proceed in regular older
when side is examining witnesses III .i'l ~. ,i
side can cross examine aud rice ceso Otherwise 'hee
m,. He,1jcE counsel for the prosecution. said pro-
dnced libel only remark It came to me Under OF
ticaI seal from the state Of Pennsylvania know hoth
lag more. What did you with our motion
The Court oYeuuled IT, -
Edward L. Smith was and examined by The
prosecution. lie had, since 1850, resided aDout y io w.
IRON sul1attsyle had known the prisoner very wen or
three fnur years; recOected lac staycd III M n"se m
ing They that occasion. conyersed about dneirni
things The prisoner joked about going to ipchnonn nmi
never acknowledged having been there; ne however
laughed and said IL the Yankees knew what ne hnu do@
they would stretch hts neck Witness did not reeoecl
Cross fIanisd by he deJense-He came TO Washington
s he old that occr what he hid Just
stated here he had been examined by Judge iiot ana
what ne had said written down. none others went
mn there beside himself the witness had said 10 hr
Toyuley b. RObey that being away from home would he
great loss him. when K0bey said he woud guarantee
him $40 day IL witness would DO what was rght; beside
ihis his hotel bill was to he paid.
Mr. Robey said he had Mr.. WllsOn-the Assistant
District a Atiorney--aud made II all right .
M C0,TiHgiOjt--Iave you not been IN Mr. heflcks
office WiiReSs-lCs, once.
JTr MrircL- He told me all about Il.
Wtincss-Mr Merrck said he was ait'r me WIN sHuP
stick 80, a., -. -, ,,.,,h L.a
beeu filed with the records OF the conspiracy ta, ati
wbetler the diary had beeu in that Ofcr MI VIII
son objected to the question. .,
The Court remarked that he did not that the Booth
diary had any relation 10 the facts stated Oh tue dec
eynfuinatiou uf witnesses.
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