Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-07

ttls morning ia the Criminal Court, before
Judge Fisher. The announcement that the
case would be given to the Jury to-day drew
great crowd and every inch OF standing room
was occupied long before the opening of the
court The court was opened at 1915, and
Mr.. Merrick said the counsel for the prosecu-
lion yesterday lntrodu ced recordin reference
to Sergeant Dye, aud stated II the counsel for
defence had known of that record their re-
marks were cruel and unjust. Mr.. M. said the
record of his dismissal was not known to couu-
sci, and il had been made since the defendants
counsel referred 10 the charge
Judge Fisher asked if that record was in evil
tence.
MI Merrick-No, sir; but the counsel re-
ferred TO it.
Judge Fisher-The jury have nothing to do
with 1t.
Mr.. Merrrck.-I desire to make q personal
explanation
Judge Fisher Very well. sir
MIR. Merrick continued and said the record
OF his (Sergt. Dyes dismissal had since been
made. and it was not known to counsel when
attention was called to The charge Upon au
examination OF the record he found that the
complainant had agreed that the case be DIS
missed If the money was refunded to hun,
which it WAS charged was tied, and had
been passed. Mr.. NJ. then read from the testi-
mopy of Susan Ann Jackson. She did stale
that she was examined before Capt Ollcott
He next referred to the testimony OF Judge
DIN, ard other portions watch he claimed had
been mistated by counsel for the prosecution
as he did not read enough Of the testimony 70
cousel had said the Supreme Court had not
decided that the military commission was ille-
gal.
Mr. Carringtcn objected to all this
Judge Fisher SAID the counsel had read snch
portions OF the testimony as suited him, which
be- had right to do.
Mr.. Merrick said the gentleman (Mr Pierre
Pointl had brought into court during his ar
gumeut. " bat he said was the original record
OF The conspiracy trial He Mr.. NJ J was not
disposed 10 Ike hing which came from
the Judge Advocate Generals Office unless he
had an opportunity to Test the same. He had
rot chose 20 look st it. because he ms
trusted whatever came from the Judge
Advocate Generals office.
nir Ca1r'Bston.-The eloquence of the gem
teman had beer marked by has attack on the
officers OF the Government and the witnesses.
Mr.. Herr:ck said h wished 10 make q per
s"nai explanation. The gentleman Mr.. Pier
Ttpo1ntl had stated yesterday tina his informa-
ton with regard to the recommend alton TO
mercy for MTs. Surra;t, and the conversation
ht tween the President aId Judge Holt. had
been derived from Judge Holt. lie TMr. Nj
had before him TIE authorized publication or
the Conspiracy trial. which had the sanction
q lufg- Il Clt. and which contained the sen.
tsnce passed upon those prisoners, and the ap-
IrGyai o! thar sentence signed by the Presi.
CENT OF the United States. In this record.
published under his authority. ere is no
recommendation for mercy; and if what is
sad now IL true, what was published then is
not true.
Mr.. Bradley said that reference was made 10
the map on which vas the ogdensburg route,
and that map was lot in evidence. i was but
q diagram
Judge Fisher said that was understood by
the jury All these were matters for the Jury.
They could Iecoiiect the evidence better than
counsel.
Judge Fisher then delivered the following
charge:
Gentlemen If the JHry :-"Wheso shedde,h
mans blood by man shall his blood be sh ed
50 spake the Almighty to his servant Noah
v hen tbe great oeinge had Iecsded and the
Ark had safely rested upon the holy summit
OF Ri. Ararat. This is Gods own law and
its wisdom is acknowledged by all civilized
nations. Now and then we meet with sentl-
mental philosophers who think themselves
wise above what rs written, ana who deem It
their duty to lift mp their voices in condemna-
non OF this feat OF Jehovah. and although they
have made but few thorough converts to their
peruiclOus doctrines they not unfreuuantly
succeed In creating IN the minds of honest and
tender hearted people IT 0I bid sentimen aism
which leads them too often 10 shut their ears
10 the stern voice OF Justice, and listen only to
the gentle. kindly whisperrngs of mercy. for
getting that mercy to the guilty is injustice to
The innocent. With such ntins Atalitv Won
have, as jurors. nothing, whatever, to do 1t
is DO matter of yours to inquire whether The
prisoner al the bar is q proper subject Of Ex-
eNcun,e clemency. II you believe him guilty
@! participating in the crime with which he
sands charged before you, but simply TO de-
termire his gnii' or in AocenCe.
When the dark clouds of ar. which for four
years had lowered in our national horizon had
began TO lift, and tbe sun o, peace was about
10 gladden. US again with Its benignan rays
when he main army OF rebels who folio we'd
the traitor Lee i'll his retrear from Richmond,
bad been oyprpoW cred and had surrendered to
the military hero OF The age, and The army I'M
Ger johnson was. in vain. fiying from iynpend-
Ing cafture-When our city was radiant in
illumination IL, celebration Of the downfall OF
the stron ghold Of a most wicked and atroeious
reb.li!oE-wheu the hearts OF all loyal man
Nsre l"ap,Gs anu dane, ns 10 the merry pIans
q viciuIy. and when the eyes OF all lovers OF
peace throughout zoe land were eagerly IooK-
lre 70 him whose grea. heart h Il never cher
Ished n. fesI.n- of malice for even an enemy.
- ia lDy n
nope that ere anoth"r year should have passed
away, tie hands which had been lifted ~
agains: each Other would again o. cIasped Ill
1irndshIp and brotnerIy love. and States dis
severed saou.d b. agaia united III harmonious
relations, on the E'a day OF April, 1865. tn
sx-tH' I'VE head Of tits great MAJ or. The Com
IanGeT-ia-CElef Of your aTCIy ana navy. by
III" most !Cul ard wicked c0aspiracy the
record OF Wsich has ever stain u toe pages Of
history. was srriCbn n Town at tna hands O, the
assassin John Wilkes booth, III the metropolis
Of he Republic, and under tae very shadow
OF us Capitol
Historians ard lex writers on the lawmay
Treat ~ the heIEo@sEess Of tne rim f, of i!uag-
hing ne dea or II weIk Il wicked king or
OF :; wise or hent9Eant mouarcn, but you
Know. gentlemen. as wei! You kuoy that
You exist, that to murder tna duly elected
President OF the most powerful people on
eafth rs not je's atToctous IN ne character IAN
1o compass the dea'h o! king or an EN- error,
aifeI; he may bave sprung from the strong
IONS OF h peopie who h ave made him their
representative head. and may have no
! on may be- told tnar /; i crime surprising.
iy heinous TO take or TO compass the life OF him
"ho has occupied throne simply
because he may be the king Of an eEslnyed
people, but thai 20 take th- ife OF q President
OF 4 Tree republic is AN offence OF no greater
magnitude ibsn 70 murder thu verIest vaga-
bona that walks your streets: hut An
American jury VIII only believe this doctrine
when the people have become demoraIized
and corrupt. so devoid OF the love OF liberty
and patriotic feeling to have \ king and
ruler fosted upon them by the accident of
birth or fortunate adventure rather than nave
the making OF their own SELECTION of him who
Is 10 execute their laws, aud, FOR the time
brirg. u siane as the representative head OF
Their collective sovereignty.
1t is Il mistake 10 suppose that a Irae people
IN any country Will ever consider il a more
heinous crime TO kill King or even to desire
MS Gt'tth. than Il Is 10 assassInate a President
II is OF no avail 10 tell YOU tina. - snrrouud
the lie or a President OF a Republic with safe
ehards dssacfed and powerful !, those which
IL Monarchiss, are thrown about a KING rs
you have ben told in the argument. MODERN
idea entertained Oh ~ by thCs- wbosaeyps nave
been daZZitd by Visions Of Stars aud oartars
and who are desirOus OF changing our frae in
situations for nonarcGICai form of govern
nent
On tie contrary. they only can be opposed
10 gUaI ding with sacred vigilance the lite OF y
President OF free people, who aye themselves
prepared to submit - the rule OF Il despo.
Why should The people De less proud or less
regardiui Of the life OF a ralpr selected by them
selves. from among themselves, Than they