New-York tribune., 1867-07-16
THE TEAL or SURRATT.

THE CANANDAfGUA HOTEL REGISTER RULED
OUT-THE DEFENSE ENDRAyoR 10 PROVE
THAT sURRATT WAS IN ELMIRA ON REBEL
GOVERNMENT BUSINESS.
rrLxaKAPa
WASHINGTON, d. c., July i5.-The SuI1att
trial was resumed today at 10 O'Clock a M tho court
usual being crowded with spectators. many fe
males being among the number Among the spectators
were the Hon. John Hogan Of Missouri, ex-member OF
Congress from the St. Louis District and the Hon. Henry
D. washburne Of Indiana. aud eAAtorney Gen. Gushing.
The jury took their seats a. few minutes after 10 o'clock
and the prisoner brought into court and seated beside
his counsel AT 1920 Judge Fisher into court and
Che Jury was called Order being restored Judge Fisher
delivered his decision the admssabty Of the Webster
House register to show surratts presence in Cananda
qua on the 18th Of April. 1865. 1t is as follows
The register OF the Webster House, Canandagua offered
in evidence when took recess on saturday cahho.
he allowed TO 90 the jury at present III was proved
by the proprietor OF the house who Kept on the ot o
April 1866 to have been the register used oy a % ao @
successor who swears that he kept the slme book lying
open his counter until all the blank leaves were lle1
up and then placed IL under the counter whee IL oOud
have been without his knowledge, used for any purpose
whether honest fraudulent This Just prfcsely one
Of the cases which the ancient and welestaosled r.'le
OF evidence that prisoner shall notbe allowed TO manu-
facture evidence for himself, intended to meet II
Is sad that the name of John HARRISON: standing on
that register for the 18th Of April. 1867 having been
to by Miss jenkins the handwriting OF Surratt
ought TO be admitted as evidence tending TO prove nat
he was present at Canandaigua at that date Dut as
have Just said. it is evidence made ,nan by him,
against sS "' ham, SS"' Il in mis- his Handwriting yet it
cannot be used as evidence IN his Just az any diary
duced against him but could not he produced IN his be-
half Beside the fact established beyond all perad
venture that tho of John Harrison IS in the
prisoners handwriting. does not terd to show that he
was in Canandasua on the lo Oh hP R & 'I % aneds op
Rome or Egypt as in Canandaigua. The book has been
at the mercy OF anybody for more man TWO yes e dr
more theprisoner during his stay there IN Cahada
could have gone to the book Just as oen M ,ou Inc as
that entry ITSELF may well have been made at any
other time the 18th OF April. 1865 1t is to guaLd
against just such contingencies as this that the rSd rue
OF evidence to which have alluded was established II
tho defense had proved by any credible witness tnas te
entry of the name OF John Harrison had been ade az
the hotel in the regular course OF business on te lb OF
April by person passing under that name, tue book
the time OF its occurrence and thus prove that the entry
was in Surratts hand it would tend TO show that he
was there at that time IL as ohly as memort =
anduIn so made that it Is allowed TO speak at
all, and it cannot take the character Sd OF
such memorandum until It be shown that was so maze
at the time and place OF which ii Is desired to speak Let
the principle he established that such evidence as
this register il stands is admissible ana the PROOF
ahi will be the easiest thing made that oOd possibly po
conceived Of cume may be committed here; the me
guilty party may escape to Canada registering himself
assumed name wherever he may stop ana VIII ohy
have to travel back again and write his true name as OF
near the bottom OF the appropriate page OF the hle
register wherever he stops on his return win one or Two
friends to write their names under his ana the defense
the abi IL complete.
Mr. Bradley stated that he was in a condition TO show
by evidence that Suratt in the United States be-
tween the 18th OF April 1865 and september of that year.
that he remained in Canada; and could be shown that
he was charge OF friends there all the time and never
left there until he Of the country. He proposed
to Offer that evidence Witnesses their way here
who would state these facts and they were persons OF
the very highest respectability. ,
Joseph n Du6arry s,rOrn-Witness resides in Harris
burg, Pa; is General Superintendent Of the Northern
Central Railroad and has been for some five years; IN
April. lsG5,vas at Harrisburg, Pa Witness here exam
Il h,.lr, ppdi i'm oul
of April 1865, the mail train did not leave Buffalo Tor
Harrisburg at 62O p M; train left Baltimore and went
to the Relay House. the Maryland line, nine miles
from Baltimore, that night; two trains left Baltimore at
10 O'Clock p and arrived at Harrisburg at 800 to $50
H.; train left Harrisburg going North ar 2l4 D. M;
there was no tram mp on the 18th from Baltimore in
the mornings the train arrived az sudbury at ll2o p M
7O o. M that train would not have gone from Williams
port to Emra on that day pasengS savnE t1, HARMS rH
by the schedule; from Harrisburg TO Sudbury the tram
sudbury 10 williamsport about two hours run, aud
from Willinmsport 20 Emira about nve hours ana 70
HSiGs 2STTsbuRs lett Sudbury the @crnns Of the 18th
"a o'clock reached Harrisburg about iVt a. M witness
don't remember his next absence from Harrisburg that
place being his resdence probably not for week: VII
ness don't know personally what time any train left Bal
tmore the 18th OF April was not at Ena on the l5th
OF that month train passed Harrisburg on the l5h
fcom Baltimore which could have reached Elmra that
night; no train left Elmra that day coming South nor
the 18th after IL o'clock on the llh train eft En
at O'Clock a. M coming TINS way leaving at lnN
hour t would reach BamOe at o'clock the next morn
ing. fhpr
ftonris r. fitI s,cornWitness now resides at Emira
NewYork is superintendent clerk and tian-master in
employed in the sane business; witness has no memo
randum of any trains south OF WllamspOrt; on the 4tn
of April 1865 witness was not over the route az an au %
NOT arrive there on the morning OF the
18th witness man who said ne had come from & nal
rIs1mrg tnat noTg I Wines has no record OF The
trains the 18th; has the schedule only; tram gong
north from Williamsport on the 18TH was - mDues he
witness had no record OF the ih and 18TH on the 18th
there was two trains advertised to run or kmr one al
and '9s 9soDs U,ef et e. EnS 0 going south 10Th
passcugcr trains left at ana both ieiElt traus
f at sos A. m witness has no record or any Other tIans
Leaving the railroad office. should have record ID the
Trains leaving Elmra; the train leaving Eluhfa ~
o'clock would reach Willamsport at 100 D. NJ, and lay
there until 10 D. m and reach Harrisburg at next
morning: witness knows of DO road coming south nom
WllIamsport except the one through Monocacy
h. o. Lee s,co,7,-Wltness lived IN Texas some years
previous to last May; is native OF virginia was.a bIlg
In the Confederate Army; was in Canada IN
Anvil 1865 on sIckeayeYsaw surratt there April 9, 1866
lie brought dispatch TO witness
Nr. Pierrepont objected TO the dispatch.
Mr. Bradley said the prosecution had shown that sur
ratt was IN Richmond bearer OF dispatches aud ne
now proposed to show tna St ud mas IN IN rinndea az
settle there but employed by Gen. Lee on business at
Enr and was there the l3th ltth, and 18th OF April
1885, that he not in that place to assist IN tne con
spracy but a secret mission or entrey "a dinerent
character and that he received no money nom JACOB
Mr. Perrepont objected that was contrary to every
Ih onrt ruled the question out as inadmssible.
Mr. Bradley said he would put his offer IN writing aud
have the record ana as u wou take soe nI Al
An hour suggested that the Court take recess oy
which time he would be prepared to submit the written
offer TO 10 the record. -, ..o..
Accordingly at y O'clock m the Court took recess
for half nm hour ON reassembhng, Mr. Bradley Onereu
fo read 10 the Court the following paper:
n rive I'm evidence tending 10 show: First That on the
sth of Apr 1865 he arrived in Montreal canada; was
ia Ies,er of dispatch from Mr.. Benjamin. the Secretary
of state Of the Confederate States 10 the witness o.
lee which dispatch related 10 and directed the DIS
nostcn OF ths funds in the hands Of Jacob Thompson.
named i'm the testimony Of the prosecution, and 20 show
that no part OF the was TO be paid nor was any pah
% h nrsoner az the bar charged IN the IN
6ctmep In ThR concerned in the conspiracy tDsie-
in alleged aud point OF fact what disposition was 10 DC
ada ~ sal finds second: Andthe Government haVlnK
tending chow that the prisoner