The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1867-08-16
JUDGE FTsHRsIs CHAR GE.

Judge Fishers charge to the jury. in
the Surratt's case, delivered Aug 7lb,
closes thus: ~.
From the observations which I have
addressed TO you, you will infer:
lat. That a conspiracy formed in tins
of war 70 take the life of the President
and Vice President of the Republic and
the heads of the executive departments,
for the purpose of aiding the enemies Of
the Federal Government by throwing it
into anarchy and confusion. is treason as
heinous aud as burtful to the people of
this country "a com passing the death of
the King or Queen of Great Britain is to
| the subjects of that realm.
Cd. That every person engaged in such
conspiracy. as long as he continues a
member of It. is responsible not only for
! the act of treason, but for any murder or
lesser, crime which may flow from it.
81. That the Government may waive
! the charge of treason against any or all
of the couspirstors. aud proceed against
them for the smaller crime of murder in.
cluded in the greater crime of treason.
4. That under an indictment for muir
der resulting from the prosecution of
such conspiracy, evidences of the entire
scope of the conspiracy may be consider
ed in estimating the heinous character of
the offense laid in the indictment.
5th. That it was not necessary to waive
the Indictment from the fact that Abra-
| ham Lincoln, the victim of the murder,
was. a:the time of its commission, Pres
! dent of the United States, or to prove it,
| -, IL a. IL, -. +.
into account in determining the heinous
character of the crime. it being fact
which the Court will take judicial cogui-
zsnce of.
9Th. That he who does an act by an
other. does it by himself, aud is respous-
ible for its consequences in criminal as
we'll as in civil case.
7th. That although an aiibj when clear
! II established forms complete aud un-
answersble defense, absence from the i'm
mediate scene of a crime resulting from
a conspiracy unrepented of and abandon
ed by the party, will not avail him if he
were at come other place assigned him,
performing his part in the conspiracy.
9th. That this FLEA is useless unless
clearly made out. and is always regarded
with suspicion as circumstance weighing
against him who attempts it, because it
! implies 81 admission of the truth of the
/ facts alleged against him, and the correct
Hess of the inference drawn from them.
9th. Tha. the e ght from the scene Of
crime and the fabrication Of false accounts
and coDcealment of violence are circum
stances indicating guiit.
! 10th. Although confession in the
! slightest degree tainted with the promise
of favor. or by duress or fear, is not ad
mitted as evidence against him who makes
it-yetif made fully and voluntarily is
one of the surest proofs of guilt as TO the
credltability of witness.
4 You are to Re the exclusive judges.
You see them face to face. You know
whether they are confirmed. or unsupport
;, ed, or coutradicted by other witnesses of
credit, or other circumstances. You are
to judge whether their testimony has
4 been impssched, aud consider every mat
ter that will shed any light as TO what
has been truIhfully or falsely deposed by
any witness. You will diligently COM
. pare and carefully weigh and consider all
the testimony In the case on both sides.
You will not DISREGARD or reject the testi-
mony of any witness unless satisfied that
he has been shown TO be unworthy OI
pure evidence by reason of his want OIL
: character for truth, his contradicting him
t SELF or fatty contradieted by others or
better credit. or bg dishonesty aud man
ner in testifying before you
= DIAMeEDs.-Some time ago one OF GU
revenue officers distinguished -himself by
issuing a circular in regard TO the person
al baggage OF passengers arriving from
: abroad. One of the fu est points in thi
circular was that which specified that Ger
IS tain articles Of luxury might be admi,te
q free if their value was propnrtioned
he n4tsuon Of che owner." This At ono
j raised the query what social station
entitled the wearing of diamonds and 9th
]. er ieWeIry Al article now before ns eu
d ables US to form i4dgmeot on this PEI
: picking subject. It CONTAINS a list I
70 several owners ot.the more valuable dis
ii monds and precious e.ot.es worn in th
e country. OF these We end that a neg
d. minstrel has 3 single diamond pin Wort
ID $4,000 A "Iate negro minstrel b.
ID pins and rings valued Al $4,000 A f
" vorite dancer has 50, 900 Invested 10 d.
~ monds. The wife ofa negro minstrel
5. said 90 have the s1sei nous amount
g. $40 900 10 Jewels. A circus clown b.
nli stngls fIisnSnd valued at SO 600 sBd
IL rJuztsr sdiamond worth 81 COG. A 'sF