The New York herald., 1867-07-18
Testimony of General Eckert
and Others.
The Defence to Close Their Case
To-Day.
The Alleged Letter OF the
COnspiratOrs.


terday q proposition made TO introduce an agree
mont between Booth and others in relation 10 the con-
Bpiracy. He admitted that the paper would not DO
evidence for the prosecution because 1t would show
chat Surait the conspiracy; but 1t was clearly
admissible when offered by the defence He held that
1t was pertinent 10 the issue. and when any evidence
was offered 1t for the Court TO determine whether
the evidence offered pertinent TO the ISSUE and is
for the Jury to determine the weight Of the
evidence II the Court can see that the jury
may draw an inference from fact offered IL
must 60 TO tho jury. II is exceedingly difficult
20 ascertain whether positive rule OF Law governs
the admiss!bty Of testimony, and he had, therefore,
hunted up authorities. What Is offered in evidence
Is fact bearing upon the ISSUE which this jury Is
trying and in the absence Of any positive rule Of excu
it mus, 90 TO tho jury II there is such positive
rule it is for the prosecution to show it, This is not
whore the prisoner might have manufactured tho
proof but is tho declaration OF the party made at the
worry act and II n much a part of tho 9sste a.
though were written at tho moment OF the ransac
tion II the concerted plan, signed by the actors i'm
medaiey preceding the action, aud they 20 from the
table and commit the acts which tho prosecution has
shown and proved. The prosecution have proved the
execution Of the act. and the defence desires TO
prove tho agreement TO execute, and. in view
OF the Testimony already given. no one would sup
pose that the prisoner assisted in fabrcating
the proof Two questions involved in this:-,he
one. whether hc conspirator to murder the Prcs
dent; and the other whether he an actos In the
murder These totally distinct questions The
charge here attempts hx the prisoner engaging
the murder and the conspiracy is be shown proof
Another question was whether there was a conspiracy
TO KILL and that is the gist of the inquiry here Who
wero the and what was the real object OF
the copspiracyg is question for inquiry. Ordinarily
conspiracy IS secret, and is to be proved by crcum
stantai evidence; for II 1t were made public then the
conspiracy would be exploded. The prosecution has
attempted to show that there a conspiracy.
They say they trace the conspiracy from 1868
rsnffl 1lVatna altan and that
others we're engaged conspiracy. This proved
shus by weichman's testimony If they have proved
anythiog by this witness IL Is that the conspiracy he
(Weichmanl testiies 10 had terminated failed in
March 1885. After that time they never brought the
parties charged together by witness and IL is
thereforc question for tue Jury whether there
Hwo oonspaces, and what became OF that conspiracy
mar Ma.cn iney nave one'ea 70 prove Una, sutra & Vas
offer evidence from which they infer that Surratt in
that conspiracy aud the defence meets that by offering
fhe OF the consnators and showing that Sur
rau not party to that agreement The prosecution
had produced Booths diary to show that murder
decided April IL, and can the defence then be
cluded from Offering the agreement TO murder,
In which the name OF the prisoner does not |
appearf II Is the confession OF the arty,
who had done the deed but is the agreement IT,
and the prisoner Is excluded from the agreement and
No could therefore reason could conceive no
rule OF why the evidence should no, admitted
He mr. Bradley admitted that elementary writers |
argued that proof was better than positive
proof but held that circumstantai evi.
dence better than positive, written proof Here
n contract that committed men to the galowsa con-
by who had lost their reason-mad men: con-
tract TO commit murder that has not its parallel II
but handed 10 third party to be used evidence
against these Four men, boldly offered themselves
wrongs In that contract the prisoner could not
participate and II Is due not only TO the
prisoner. but TO others that have been murdered
that all tho connected with the conspiracy should
Be brought out and this paper cannot be excluded
s.cspt upon the most ineso,aSe , eG run. o. ~ law
evidence but IL Is the act Of the conspirsors 10 the
exclusion Of the prisoner The question of the ad- |
instability OF this evidence is for tho Court The /
question whether Surra was party TO the conspiracy
question for the jury. How is be prove that he
signed when he vas not therss the nr.t conspiracy.
which was abduct the President, eliminated the
the parties together again. and the effort now
h 70 nx the prisoner with another conspiracy
vritine' To this writing the prisoner was not a
party, bot II evidence that he invited after
the failure OF the erst conspiracy TO come to Washington
agreed upon, but 10 which Surrat s not party and he
hr Bradley could see no rule that could exclude the
evidence
Mr Darlington said he did not deem It necessary "a
say much against the admission OF this testimony for
the subject too plain IL was an attempt 10 ocr
paper said 10 bc a copy Of which had becn written
by ono Booth Who was not witness IL was not even
that snd Il was nothing but bearsay evidence and the
evidence Of third party; and he did not suppose that
the Court FOR q moment would entertain y In re.
men, that the conspirators tired at the arsenal |
had been murdered, he would answer that at the proper
time and In the proper manner All who were con-
demned by the Military commission met q deserved |
mardorer death. The prosecution would show TO the
country how that Surratt was the armor.bearer OF
Booth-a false his country, false his
government. who desertcd his mother, aud who by
fight ackn wled red his guilt
Mr. Merrick nnterruptina) asked Mr. Carriuaon what
authority he quoting He supposed this vas ques
Mr. Csrrnston said he understood these feeble at.
tsmpts at Wit II to create laughter and the
spirit would create a mob " possible. In conclusion
Mr. Carviugton argued that the testimony should be
Judge Fisher ruled that the testimony was Inadissl-
ators thus OF the parties The con.
splrscy by getting up this Agreement
PSsrrepont-yitnen was born in the United States;
during tho rebellion witness sympahes with the
down other rays than BY var had a. thar time copa
dence In legislation but have not much confidence In II
nov as means Of reuninns the country paper eI:
The examination taken down; at that examination
witness did not cay anything about the letter; |
booth on horseback the last witness him
witness testified that Booth had presented
view alluded 70; witness might have been asked when
he saw Booth and might have replied day or two be-
Tore .os ne ~ S. of hs On srs
him last before that on horseback on The avenue don't
remember that witness said ON the examination alluded
20 that the sot time he had seen Booth vas day or
swo before witness didn't tell st that examns
ton that he had Booth thai day as be was afraid
he might become Involved In the matter
By Mr. Mcrrck-Tel the jury Why you destroyed that
paper.
M Pierrepont-You need no, snsver tha, question.
The witness, explaining his testimony OF yesterday
that OF the papers had stated that he had said
Booth had handed the witness the letter with an air OF
great secrecy. ne wished 10 say that was not so;
there air Of secrecy about the manner In which
Booth handed witness the paper
General Thomas Eckert sworn--Witnee was SHOWN
the Booth diary aud said he had u before had seen
che letter the leaf don't think that the
exhibited 10 the original thinks 10 the origina is
n
part OF the book thinks the counsel for the prose-
cutIou has the original In his possession
Croes-examned--Dontr remember the day witness saw |
A last: saw 10 In the War Department. witness don't
KNOW In whose handwriting the letter was witness did
mot get the original from Dr. Stewart: thinks he got 10
from General Baker, witness doa know where General
Bak or 10 now witness believes the letter printed
but don't remember 10 have seen II In print
Mr. nerrick said that the paper the witness hsd just
sseu was the one the prosecution had proved 70 bs the