New-York tribune., 1867-07-27

tnere Tor that purpose he was aS culpdDle
as the who blew the brains from Abraham Lincons
head As to Atzerod he proven TO have been con-
shment and gone to his account Having proved Atze-
rodt In the conspiracy and united surratt with HIM II
legitimate. AS TO the Due letter he would say frankly,
as he had attempted to act in this throughout that
it should be stricken ont AS to the transportation it was
proper to show as fact what train left Baltimore the
1t being substantial fact had right TO show that
train ram and that it might have carried Surat to New
pot at Burlington where Surrat slept with Joseph Lyons,
and where he dropped the pocket handkerchief -,
proposition whether the testimony asked to be struck
out relevant. He cOntended that in any indictment
for murder competent to show that the prisoner
prompted by malice and all the acts and sayings Of
the prisoner could be given in evidence to prove that
malice. If while moving toward the commission Of a
crime prisoner gives evidence OF general malice II Is
always admissible in evidence 1t is charged and main
tanned that this was a conspiracy to kill and murder and
i'm pursuance OF that conspiracy they did kill and
der and it is proper to show that this prisoner was
declaration of his those with whom he co
RSGFe5eS eRRGe5ea feSS SedTe I se Jury The theory Of
the prosecution is that this conspiracy was great ar
cal person. and that it assumed individuality In the eye
of the law Having proved the existence OF the con
spracy and the object OF IT. ana haVlng shoW INC con
sion cannot be escaped that the murder of Mr. Lincoln.
and the attempted murder OF Mr. Seward were DOt part
of the same nefaOus schemes and no one ever heard OF
this conspiracy was TO XII the Presdent tne law npnes
mace and the declarations, showing express malice are
competent TO be offered In evidence; and every act may
DC shown which Will show the state OF the mlnd OF the
cOnspirators In charge OF murder acts OF cruelty and
cOwardice may be shown to indicate express malice for
cruelty and barbary the strongest evidence OF ex
press malice and Is ever proven that the prisoner
acting as an accessory OF the Confederate Government
shot down unaimed Union soldiers while travelling be-
tween Washington and Richmond, it is admissible TO
show cruelty during the existence OF the conspiracy In
regard 10 the Duel letter, he agreed with his colleague
iat lhe proper y nm nDo Dee maui, M anu 1IC @
IL should be stricken out. While he would DO All In MS
him tired fairly and would not offer evidence
prejudice the In conclusion. ME Carrngt0n con-
make him amenable TO the charge of this murder If he
proven to be connected with the conspiracy, that
the prosecution had brought Suratt directly to Washing
ton and would be shown that he was here to the salts
ed to show that surratt in Emira on the 18th of
April and the prosecution mad shown o the railroad con
Oner To have been in Emira on the 18th.
Mr. Meick said the defense regarded TINS case as one
kill king to shoot at king is treason; out we have
no kings in this country; ana 10 XII rTesident In P
part of treason II 10 be tried for treason ndict
ms for reason and we have then certain rights which
not accorded In murder trial VIII counsel claim con
yictOn for treason when the defense not
accorded any of the privileges Of treason. When
ment for MURDER and he held II was but simple murder
Abraham Lincoln is named in the indictment as simple
individual not named President Of the United States
ne is n slmpe individual under protection OF the law
Where is the Indictment for this mans conspiracy You
indct him for murder, ana conspiracy TO murder" is
named Conspiracy 20 murder is one crime ana Inur
der another crime, and treason another The record
saws the Indictment for murder; under the argument
counsel say il is for conspiracy 10 murder The Constitu
tion OF the United States guarantees 10 every man
speedy trial and says he shall be advised of the nature OF
the crime with which he Is charged; and II this is a
trial for conspiracy then the prisoner mas hot Oeeh ad
vised the crime wherewth he IL charged In the in
dictment he is charged with murder, and nothing bat
murder and the whole question for the jury 10 decide is
whether the prisoner murdered Abraham Lincoln or was
guilty the crime OF which he charged II there is con-
spracy DO act whatever Is done IN pursuance othe
conspiracy is evidence but nothing beyond that is ev
dence. The only conspiracy charged is conspiracy to
murder Mr.. Lincoln and not to murder Mr. Seward, ana
therefore evidence can be admitted relative to the
attack upon Mr. Seward As to the shooting OF Union
soldiers Mr. Memick e3ntended tl9t t&ar tie murdered
mTT @ t NE shown but il cannot h9f AdUafref with
toa,a phr The prosecution seemed to thlh we tgu %
ig connt5EI 2i Ro{aiy {aiy me down the
heads OF the whole army and tlat Dy oaehlhs ohc VI
RccsnSe snrrat killed Union soldier does that show
malice toward Mr. Lincoln II Surrat had been tIea ana
convicted OF killing the Union soldier could he put She
Rle2d R%sndcT Pi ST' Of MP 1' Gaconi % The fact that
Mcmillan dS iS Sat make it So because it would be shown
that he was not at al be credited But IS said that al
d 9e T6y aid not always hold to that doctrine
when the defense ATTEMPTED to Ser ne ro
They offered all Of her declarations that Woud sit tHe
that Mrs Surrat was totterns 70 Ihe gloSs, VIII III
the world behind her and nothing peoIe her sue
asseyeratpd her innocence OF the crime with which she
was charged. He thought II ought TO have Deen IN ev
dence for he thought that TINS powerful government
arrayed against this boy conid wen aord 70 e1 I'M IN e tc
dying declaration OF his murdered mother As 20 te & o
egraph Mr. Merrck cOntended that II surratt hau teI
egraphed from Elutfa 10 BOotn ne was
must he fixed In Washington 10 fix this crime upon MN
The testimony to Atzerod was upon the same gTou
as that relating 10 Mr.. Seward. and IL should
be ruled out because IL is not charged Ihat
there Was a conspiracy 10 murder Mr.. Johnson Ihey
say that the conspror assembled at Mrs surat = anu
nj the same time when Union clerks were finding homes
under her roof boarding Union clerks boarding the
patriotc Weichman Union clerk God save the mafk1
lie would say no more now, but will remark that when
fhis trial is over he thought Weichman would leave TINS
courtroom with the profound pity OF kindly hearts In
concuson Mr. Merrck referred 20 the principles OF law
about constructive presence" and said he hoped the
Inited states Government would not bow its dignhed
head 10 the humiliation OF attempting to trick person
out OF his life. ,-,,,.
tomorrow.