The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-08

years ago. which several Witnesses Of respsctaby
could have osen present AZ The scene Of The
'f1ss III:
u: .s ss ia
how much greater facilities for that purpose are fur
A. 'ss P%s and ha1 ssd
Amos; snnsssd have already said ha, TIL. Plea
when once clearly established the Of the jury
% With Suspicion
sh. be clearly y 70 satisfy them Of the pr,s
which to this plea Ia. passed into among
true that ynsuccessfal attempt % establish alio
thar Kind q
an q the truth q. Of the Of as s
that when once conspiracy % COMM, crime shall have
X. e:
, Th hs s az 81
is either at the Of the crime in person or near
the ss
S S s
coconspirators who actually perpeated the crime You
Certainly no
@s The he cssf s n
the right to dIsreeard the Instructions Of the Court
saposoa q s ~ law as' the weight es
As e. ma. safely
Court The weight q character o. prisoners counsel
be he ars sfs
s s Sss a cS as
serving order the coaT' room which probably the ser Of
ss ss GT he %
to disregard the Judges instructions as 70 the law
him perform. 1t is true gentlemen that have the
that instructions Of the Court dictated, not by
honest desire enshen the Jury 70 the true state Of the
right 70 disregard the instructions s purpoSey intended e
What the nav be than the Court il about as reasonable
assert that plan farmer or merchant may be taken
Of NAVIGATING and manesvrng steam frgate or TO lead
In you have ua the sa
fight to disregard Of witnesses who stand
81;
els It after having the o6satons
tie according
or s @ & e hs nn s 10 se
which ures intended and they have to act
as 10 the facts then oice Judge under his
as o hs hs pS 10 m
the law which may be applicable to these facts and an
Witnesses nor the INSTRUCTIONS Of the Judge unless they are
ssed that motives haze S, hem
writ Of 70 the hssPsSe So9r Much
eress ~ This TRIAL han hundred and hy ensep
the admssabliy Of evidence II they have found them
ass psradns them with
q having render verdict according q irrelevant evil
which You have heard, The disposition
At the same time feel my duty 70 remark e you thatB
counsel VII be SO bold as 10 present proposi,on TO the
unenable il does not Iecessary follow tina, the Judge
idse at ni pris intended be passed IN
them 70 Se neatly calculated and s'e presensed
ss a n ins Ui owe to
dignity Of the bench to have Interrupted counsel IN their
ns the f q the one hand and the VIM
Of the outraged Justice Of nation in mourning on
ss or s S's s Il sS. tend TO
s:;' :;s$ :s !sss :ss:
Eoar pavacs wSsh ha. already been nearly eshaasted
ssavorsa to destroy cred by nearly ali the
he prisoner with the body Of The crime either y conradc
hey have sassssded il dsssroyag sTsdSy
he prosecution rely eonslcSn On the evidence which
s as an
peciay The deceased Abraham Lincoln, long
pr private and mysseroas with
IN Procuring at ~
don House for Payne who attempted to secre
q S and his Of
sesouS'. and aonirsaieory statements. he
81 S os the ION ae President II
his the
against the door Of The Presidents box at the
with hs and Ss
u his OF and
while there and his calling out the time TO Booth and the
shot fired Booth the .ignai for action his
The s on the morning Of the 18th q Aps as soon as
sI s 4
soneealment of himself m Canada at the house Of rebel
person by thceoorns his changing his dress
assumed name and disguised personal appearance his free
and voluntary confessions TO Dr. Mcmillan on board The
he United States eeteotSes on the
ssa a sns ss P RVS
Marie while Ssrs IS 70 the manner o. his from
whes he rs % sp dHr s ss when se b %
he same MONTH his hight from Rome % ESp.-al these
matters presented Tor careful and candid consider
your verdict; IN giving these matters your aensca
~ oe .a Ii. . of false an
contradictory statements, the conccament Of instruments
You win further bear mind that Of crime,
when Freely and fairy msde b; A BODY Of ~ she sr%s being
PROOF OF guilt because is the testimony Of the om
% sss1 r.. re:
The s s q Of 1 %S %y u rs he A.:
your attention From the observations have addressed to
FrfThai sprscy formed in time Of take the
life the President and Vice President Of the republic and
the heads OF the eaeeave departments for the purpose Of
aiding the enemies Of the federal by throwing
anarchy and confusion treason as henous and as
hurfu to the people OF this country the comprising the
death Of the King Queen Of Great Brns 10 The subjects
Of that realm.
Sodrhat every person engaged IN such conspiracy as
long he continues member OF IL Is responsible not only
which may Cow from It.
Third-fhat the government may waive the charge Of
treason against any OF all the conspators and proceed
against them for the smaller crime OF murder included In
the greater crime, treason.
Fourth-That under Indictment for murder resulting
from the OF such conspiracy evidence OF the
entire scope OF the conspiracy considered In est
mating the henous character OF the offence LAID the in
dc.ment.
FVrh-That II necessary in the indictment
the fact that Abraham Lincoln victim of the MURDER
At the time OF its commission President OF the United
States 70 prove IT, In order 10 allow the 10 take that
fact into the account the henous character
Of the crime being fact Of which courts will take judi
cia cognixance.
ssNThat he who does by another does by him.
well In civil case
Serentrha although abb, when clearly established,
forms complete and unanswerable defence, the mere
absence from the immediate OF resulting from
n conspiracy unrcpented OF and unabaned by the party
will place assigned