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

WITH which the federal scssrnmeAt was essesed VA
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save X. sS:s snprsa. ~
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ion Of the constitution; but when n had once
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81 an and them he
Of great public 70 arrest ana nnSs upon
ISas hand Of ~ ss Sss .S sn Be ad
ydsai q himself ste
lie IN order that Justice may their
no Sc ns
s5 :Gsf G o s
.y that has the in time Of war
this srea! duty Of self for want Of
government scqairins from France spain and
thirteen because such Of acase
and growth Is not provided for By the constitution Both
no in written cSaracefs they are
Bu Jaw VIII e s %
sion; gentlemen you have no concern at this time;
upon which called s'
yo asss that yos shall s and as
Of America and John H. surratt prisoner the
n ehTaf sna ys
for the murder 2. abraham ss 9 on the s day OF
death your late President controversy
Of nation me ears and Of Whole CIVILIZED world ia
mine whether the prisoner at the bar participated with
either or any Of them in this dabolcai crime IT.
vine @ %
dence that the prisoner did cooperate with them that
the prisoner did participate the conspiracy murder
In plot do some unlawful act which resulted IN this foul
the tribunal which tried the mother feelings of
q Youth or mat other ives have already been forfeited
for this crime should for single moment temp. you to step
full and careful sderaiioa Of the whole tssmony n
sSs W s
sa nj an
Doubt fastening itself Judgment and
psoner s ga strictly trac and ' may still be eon
% e Of Se
will give him the benefit of such doubt 1t duty how
Of Which the prisoner l. entitled must not Be mere speea.
y or os Of sn n ~ e desire n n
do ~ and T y &c s
gestion that after an the prisoner may not be guilty
mus. not be the mere snsd9E which a ,ne angel
mental vision but ii must be such doubt as the
mcny sh an'V convince Your guilty.
Of the with Booth or IN this
the idea Of reasonable doubt The
e. Of a
Il has been argued BY that
50 'As e that @
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ns ss ens and Il that n Re csn o
ieved Of criminal responsibility by repehns abandoning
and rsnounsns his connection with the consprscy and
os fn IS
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the 10 KIN sr hs s
not an allegation in the Indictment showing that Abraham
& @ ,SS e OF e as
Ss @ p h Of which sepssss
ordinary murder cannot regarded by you being
Ss
sss q an w
% Of the b r. 70 S o e.. nP
md In s
~ OF ,oa Il he up
m atrociy with the crime Of treason or eonsprng the death
England 70 compass 'a the hing
The w Is Z na
that OF murder he who aids commands
q IL hi: ore s f sf so sS
% sna s the or ~
% are s.a.s e. Ss sns But ns
things Of which courts and juries win take
q murder Z The iiins rssson.bls erss,ur. s
he
necessary those things pre-
present that aSrass% Lincoln
sa YET 70
ma fs judicial "a OF fact @ a. tss
cause It . something known 70 every man woman and child
o.
IN the indictment nor proved by witnesses. II
.is ~ ri
%:on murder and other snss. not being So
as The fact WSeS
he comes % rea. Of lower grade
Of the because their Of
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Later writer's have generally followed the law as laid down
;S.s saihorsy the writer. and Judges seeming sonened
@ osn as
sat sfacory TO my mind have never been able 70 dis
employs or as
&: The
PRAYED wicked heart conceive the Of murder
him "hsT gp'ss &c enemy Gs
into elseuSn hire sno the person who w
and The Common Conscience q mankind which, after
ia. been ss he $. s sss 1 S
IN sense 70 dictate TIA. be less
principle tA.. he who does &C, y another
S:ss sSS;sse =: 5nIss S;s!s;
cases; principle recognized in apcsnt
higher authority the Supreme of
United states than Lord Hale other writer spon
the law TO which accustomed 10 look for principle
and precsdent There ere Two cases which now
meprobabF others might be found-reported In the book
OF highest authority known among Christian nations de-
peal and before whose solemn tribunal all judges and jurors
IN Nan
Better r "a
S.d ,ssa.pss. Fl the nTs
owner of vineyard hard By The palace q
the latter who offered 70 purchase with money or to give
exchange for another vineyard but Naboth was un-
vins to part with y because was the Inheritance Of his
Ahas and h: Queen Je,ebe who conspired together 70
Witnesses fubo-ned TO him ~ blasphemer
that might be stoned death by the elders and mobiles OF
his city. The plan was laid by JezebeL The motive
70. the murder was Ahab's eupidlty and he
the letters which she the elders and mobiles,
whom abe employed the agents to consummatc the
wicked plot Two OF Beal We told the per.
ured Witnesses who proved the basphemy Naboh and
This effected HE death Ahse proatng the crime took
OF the VINEYARD OF NAboh word Of the
Lord came 20 Elisha the rhpi,e saying Arise go down
he Is in the vineyard OF Naboh whittier he has gone down